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New York Workers' Compensation Law Blog

What constitutes safe ladder use on construction sites?

According to the Centers for Disease Control and Prevention, falls from ladders cause approximately 81 percent of the fall injuries that send construction workers to emergency departments each year. If you are a construction worker in New York, your vulnerability on ladders dictates that this equipment requires special attention from your employer. The U.S. Occupational Safety and Health Administration has developed standards specifically governing the use of ladders in the workplace to prevent unsafe working conditions.

Your employer must provide a ladder when there is a difference in height of 19 inches at a point of access and there is no ramp, runway or hoist available to bridge the distance. If you are part of a workforce of more than 25 people, or there is two-way traffic using the ladder, a second ladder should always be in place.

WAGE THEFT SUCCESS FOR KITCHEN SUPPLY STORE WORKER

James Woo (all identifying information has been changed) worked in a store that sold kitchen supplies and cabinets. His employer paid in both cash and check. James was paid by the week, and was asked to work overtime on many days.

Causes and costs of traumatic brain injuries in New York

A person may a traumatic brain injury because of a blow to the head, or it might be the result of an object penetrating the skull. Sometimes, the damage to the brain occurs when a person comes to an abrupt stop and the brain bounces against the inside of the skull. According to the Brain Trauma Foundation, brain damage can also happen hours or days after the injury because the brain may swell, or oxygen blood flow may be restricted.

The New York State Department of Health tracks TBIs that occur each year, and the second leading cause of traumatic brain injury fatalities is consistently auto accidents. For teens and young adults ages 15 to 24 years old, TBIs from car crashes are the leading cause of hospitalizations. The most common contributing factors to brain trauma in traffic collisions in New York State are lack of seat belt use, drunk driving and speeding.

Informed consent helps prevent inappropriate medication

The Long Term Care Community Coalition reports that New York laws and regulations specifically require informed consent in nursing homes. We at the Klein Law Group understand that this is one area that can make the difference between life and death for your loved one. If you have power of attorney because your family member is unable to participate in his or her own health care, the facility must have your consent before implementing any treatment plan, including what medications are prescribed and administered.

As the person responsible for your family member’s treatment plan, you must be fully informed of any medical diagnosis, as well as the proposed treatment and its potential consequences. A study by the U.S. Office of the Inspector General revealed that many of the facilities receiving Medicaid funding have not been compliant with these laws. In every one of the nursing homes that were noncompliant, anti-psychotic medications had been prescribed.

Truck drivers are at risk for impaired driving due to fatigue

Truck driver fatigue is a topic of continuing concern in New York, and the Federal Motor Carrier Safety Administration has attempted to address the issue by regulating the number of hours that truck drivers are allowed to work per day. Although the agency can mandate rest times, there is no guarantee that the operators are getting adequate sleep to prevent them from drowsy driving. The National Highway Traffic Safety Administration and the National Center on Sleep Disorders Research co-sponsored a study on the effects of driver fatigue and motor vehicle accidents, and the results indicate the mandated schedules do not prevent impaired driving.

There is no way to measure sleepiness after a crash as there is with an alcohol-related collision. However, the study outlined several characteristics that are often present in a fatigue-related crash. The time periods when these accidents typically take place are late night or early morning, and midafternoon. The driver makes no effort to avoid the crash, which usually involves a single vehicle with no passengers leaving a high-speed road.

Why are so many nurses unsatisfied in their jobs?

Regardless of industry, position or pay-scale; every employee wants to feel as though he or she is valued and has the trust of superiors and power to make decisions that positively affect job-related outcomes. When employees who don't feel valued, trusted or empowered; rates of job satisfaction often plummet and may result in a high attrition rate.

A 2014 survey of 3,300 U.S. nurses sheds light on the many problems that plague the nursing industry and result in a large percent of nurses feeling overworked, underpaid, unappreciated and ineffective. For the survey, nurses were asked a series of questions related to work-life balance, authority to make decisions related to patient care, compensation and overall job satisfaction.

NO MAS ROBO PARA TRABAJADORES DE UN COMEDOR EN EL BRONX!

Darren Rumack, el encargado de nuestro Departamento de Salarios y Horas Mal Pagados, exitosamente resolvió el caso de dos ayudantes de cocina de un Comedor en el Bronx. Su jefe les paga en efectivo, y no le paga un salario legal, obligándolos a trabajar horas extras, horas extraordinarias, y niega pagarles sus salarios legales por horas extras.

NO MORE WAGE THEFT AT BRONX DINER!

Darren Rumack, who is in charge of our Wage & Hours Department, has successfully settled the cases of two kitchen assistants from a diner in the Bronx. Their boss paid them in cash, refusing to pay a legal wage, forcing them to work overtime, then refusing to pay them their legal overtime wages.  

JUSTICIA PARA UN TRABAJADOR MENOR DE EDAD INCAPACITADO POR TABLA ROCA EN CAIDA

Me siento orgulloso y agradecido de informar que ha logrado hacer un arreglo "global" de más de $1,500,000.00 para un trabajador de la construcción que sufrió lesiones en la espalda y el cuello, además de otras lesiones, cuando fue herido en el trabajo cuando cayó tabla roca arriba de él. Después de este accidente, que ocurrió en un trabajo de demolición, el trabajador fue referido a mí por su abogado familiar que respeta mi trabajo.