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New York Workers' Compensation Law Blog

What are surgical never events and how can they affect you?

Like others in New York, you may have, at one point or another, needed surgery to repair internal damage or treat a medical condition, among other reasons. When undergoing such procedures, you, and other patients, put your life and wellbeing in the hands of your medical provider. All too often, however, surgical errors occur that could be prevented.

Some of the most common medical mistakes are referred to as surgical never events. This is because it is believed that these errors are preventable, and thus, should not ever happen. According to the Agency for Healthcare Research and Quality, some of the most common surgical never events include the following:

  •        Performing procedures on the wrong body part
  •        Operating on the wrong patient
  •        Carrying out the wrong procedure on a patient
  •        Unintentionally leaving a foreign object in a patient

How can New York workers prevent scaffolding accidents?

Scaffolds are elevated, temporary platforms that are commonly used on work sites in New York City, and throughout the state. The Occupational Safety and Health Administration estimates that 65 percent of those working in the construction industry work on these types of platforms. If you are a construction worker, then you likely understand just how dangerous scaffolds can be. There are things you can do, however, to reduce your likelihood of being injured in a scaffolding accident.

One of the most important things you can do to protect yourself is to ensure that any scaffolds you are working on conform to the construction safety regulations. As such, you should avoid using scaffolds that were not designed and constructed by experienced workers. Furthermore, it is advisable to refrain from using makeshift platforms. By making sure that the base plates, footers and sills are on solid ground, it may help avoid some scaffolding collapses.

Workers Comp & Personal Injury & SSD & BACK SURGERIES

 I hope you find this article on surgery informative and helpful. Never hesitate to sit down with me to talk over any questions you have about surgeries and Workers' Comp, Personal Injury, and Social Security Disability.

FMCSA rule bans cellphone use by truckers

As people in New York, and elsewhere, are likely aware, sharing the road with large commercial trucks can be dangerous. The risk of being involved in a trucking accident may be increased when truckers are using their cellphones, or are otherwise distracted. Often times, it is the drivers and passengers of other vehicles who are seriously injured or killed in such collisions. In an effort to reduce distraction-related truck crashes, the Federal Motor Carrier Safety Administration and the Pipeline and Hazardous Materials Safety Administration published rules, which prohibit truck drivers from using hand-held cellphones while driving.

Using mobile phones while driving is dangerous for all motorists. This is because doing so often takes a driver’s hands off of the steering wheel, eyes off of the road and attention off of the task of driving. reports that five seconds is the average time that people take their eyes off the road to send or read a text. If they are traveling 55 mph, then they have covered the length of a football field without looking at the road. For truckers, this can be particularly dangerous because they generally require more space to stop or safely maneuver their vehicles. As such, they may be unable to react to changes in driving conditions or road hazards in time to adjust or avoid them if they are text messaging. Consequently, these distracted truckers may cause collisions that otherwise could have been prevented.


Estoy muy orgulloso de informar que hemos ganado más de TRES MILLONES DE DÒLARES en demandas personal civil/negligencia y beneficios de compensación laboral para nuestro cliente que resultó herido en un accidente con un camión y una montacarga. También le ganamos Beneficios de Seguro Social por Incapacidad para compensar su incapacidad total.


I'm very proud to report that we have won more than THREE MILLION DOLLARS in personal injury/negligence and workers' compensation benefits for our client who was injured in an accident involving a truck and a forklift. We also won him Social Security Disability benefits to compensate him for his total disability.

Slip and fall accidents on New York sidewalks

Inclement weather in New York City, and throughout the state, may make the sidewalks a dangerous place for you, and others. This is particularly true during the winter months when rain, sleet and snow can make the sidewalks slick and slippery, which may lead to slip-and-fall accidents. At The Klein Law Group, P.C., we are frequently asked who is responsible when a person falls and injures him or herself on a sidewalk. As such, this post will provide an overview of the city’s sidewalk rules.

Although they may technically be considered city sidewalks, it is the property owners whose properties abut these sidewalks who are generally responsible for their maintenance. Under New York City code, property owners are required to keep the sidewalks that border their properties in reasonably safe condition. This may help avoid slip-and-fall accidents, and other incidents that may result in serious injuries.

Wrong way chase in Dix Hills results in fatal collision

There are numerous reasons why people in New York, and elsewhere, may choose to flee from authorities at traffic stops. Should this give rise to a chase, however, it could result in a serious car accident. While many law enforcement agencies have protocols in place to help avoid such outcomes, there are situations when they still occur. As a result, innocent drivers who were otherwise uninvolved may suffer serious injuries, or death.

According to reports, a police chase in Dix Hills resulted in a fatal head-on collision on the Northern State Parkway recently. The woman who authorities were pursuing was killed, as was the driver of the other vehicle that was involved in the wreck. She was purportedly traveling westbound in the eastbound lanes of traffic when she slammed into the other vehicle. It remains unknown to the public at this time how long the chase went on before the crash.

Premature deliveries may cause birth injuries for New York babies

Sometimes, women may go into labor before the 40th week of their pregnancies. Since babies are often not fully developed until that point, premature births may result in serious short-term and long-term complications. The Centers for Disease Control and Prevention reports that preterm-related causes played a part in 35 percent of all infant deaths in 2010 alone. In order to avoid potentially serious health problems for the infant, it is important that their health care providers take proper steps and precautions to ensure mothers reach full term. Failure to do so could be considered medical malpractice.

There are a number of factors, which may result in premature births. Among the most common include maternal infections, gestational diabetes, preeclampsia, and maternal anorexia or maternal obesity. Some preterm births may be avoided, however, if physicians diagnose, treat and monitor these, and other, maternal conditions.

Avoiding repetitive stress injuries in the workplace

Repetitive stress injuries may be often cited in workers’ compensation claims in New York. According to the Occupational Safety & Health Administration, RSIs are a category of job-induced injury and illness that result from wear and tear on the human body. They are most often caused when the physical requirements of a job are not matched to the physical ability of workers. Repetitive motion, awkward posture and heavy lifting are all risk factors that increase workers’ chances of developing a RSI.