New York Uber and Lyft accidents / ride-sharing accidents.

Uber and Lft ride-share

Ride-share journeys have become the norm in New York City, whether with Uber, Lyft, Via etc. Especially now post-pandemic, most commuters are now choosing the comfort of ordering the­ir rides from their cell phones using the ride-sharing applications, be it uber, lyft or via for example. With these applications, you can even schedule pick-ups for later dates and times which is invaluable for people travelling to the airports and different functions and takes away the headaches of worrying about those details last minute. Unfortunately, because of the significant increase in people using Uber and Lyft applications, motor vehicle accidents involving those vehicles are becoming more and more common.

If you were involved in an accident with an Uber or Lyft vehicle, as an Uber or Lyft driver, as a passenger in an Uber or Lyft car, or a pedestrian struck by an uber or lyft vehicle, the claim process can be a little more complicated than say a regular motor vehicle accident. The reason for this is because generally, Uber or Lyft drivers are licensed by the Taxi and Limousine Commission (TLC) and they have their own commercial insurance policy. In addition, if those drivers are using a ridesharing application, there may be additional coverage that applies to the accident but there are a number of questions that need to be asked and answered to determine if those additional policies apply to your case. That’s why it’s crucial that you speak to an Uber or Lyft accident attorney. The New York City Car accident attorneys at the Law Offices of Darren T Moore have the experience and the knowledge to handle the complicated process that comes with a ride-sharing accident.

Our office will undertake to investigate the Uber or Lyft accident, identify all responsible parties, gather the facts and information necessary to identify all the relevant insurance policies and file your claim with those insurance policies in an effort to obtain for you Moorejustice for your injuries.

How does Uber and Lyft policies apply to me.

As mentioned above, this is where you need an experienced Uber or Lyft accident attorney. Just because the vehicle involved is an Uber or Lyft vehicle doesn’t necessarily mean that the additional policies apply to your case. There are a number of different factors that need to be investigated in a ride-sharing accident, for example,

  • Did the uber or lyft trip begin inside or outside the 5 boroughs of New York?
  • Was the intended destination of the uber or lyft trip inside or outside the 5 boroughs of New York?
  • Was the driver waiting to pick up a passenger through the app?
  • Was the driver signed into the app at the time of the accident and if so, which app?
  • Was the driver distracted in any way by the application itself, for example paying more attention to the GPS or the route that the app was taking him/her?
  • Was the driver focusing his/her attention on the next trip?
  • Did the accident occur while the driver was logged into and using the app?

These factors are important in determining whether the Lyft or Uber insurance policies will apply to your accident. If an on-duty Uber or Lyft driver causes your accident through their negligence, you need to call the Uber and Lyft accident attorneys at the Law Offices of Darren T Moore P.C., right away. Where injured through the negligence of an Uber or Lyft vehicle, our office will fight for MooreJustice for you in relation to your injuries through that driver’s personal insurance on the vehicle and also through the Lyft or Uber policies that will apply to the vehicle.

It’s crucial that if you have suffered serious personal injuries, injuries that require extensive treatment and potential surgeries, you must seek an attorney that has the know-how and experience in handling ride-sharing accident cases so that they can identify all applicable policies and fight for your full recovery.

Common ride-sharing accidents

Unlike the normal motor vehicle driver, the job of an Uber or Lyft driver isn’t as straight forward and they have a number of different things to deal with before, during and after their trip. The drivers are rated by customers for their service, attentiveness, cleanliness of the car and trip quality. Not only do they have to abide by the rules and regulations that apply to all drivers in New York City, Uber and Lyft drivers also have to make sure that their passengers are safe, comfortable, happy with the service being provided and at the same time, but they also need to be at the beck and call of the active applications either on their mobile phones or on their dashboard. Unfortunately, while juggling all of these things, Uber and Lyft drivers can easily be distracted, which is when serious car accidents occur.

Examples of accidents involving ride-sharing Uber and Lyft vehicles include;

  • Speeding
  • Trying to take shortcuts
  • Failing to obey traffic signals and signs
  • Failing to yield the right of way
  • Following too closely
  • Distracted Driving
  • Eyes on the application and not on the road
  • Unable to check blind spots
  • Inadequately maintained vehicles
  • Trying to beat the lights
  • Ignoring pedestrians in the crosswalk

If you are involved in a Lyft, or Uber accident, either as a driver, passenger, pedestrian or bicyclist, it is crucial that you contact the experienced Uber or Lyft Accident Attorneys at the Law Offices of Darren T Moore P.C. We have handled a number of claims against Uber and Lyft, so we are familiar with the common pitfalls that these claims present.

What type of compensation Can I obtain?

If you’re injured in a ride-share accident involving an Uber or a lyft vehicle and that Uber or Lyft vehicle is to blame for your accident and resulting injuries, our offices will seek compensation for you for your pain and suffering, your medical bills, loss of income, emotional distress, disability and where applicable lower-earning capacity. See our Carr Accident section https://www.injurylawatty.com/practice-area/car-accident-lawyer-new-york/

And the FAQ section for more information https://www.injurylawatty.com/faq/

If you suffered injuries in a crash that involved either an Uber or Lyft or any ride-share vehicle, call us immediately for a free consultation.

Our Uber Accident Lawyers or Lyft Accident Lawyers at the LAW OFFICES OF DARREN T. MOORE P.C., are available 24/7 for a FREE CONSULTATION.

Call us free at 917 809 7014.

Construction workers and the Labor Laws of New York.

Contruction workers

Thousands of construction workers are injured on job sites throughout the state of New York on a yearly basis. If you’ve been injured in a construction accident, you need to speak to an experienced construction accident attorney so that they can review and evaluate all the facts of your accident and potential case and you can get advice on the laws that may apply to your case.

The Labor Laws of New York have been enacted to protect construction workers injured on job sites. Those labor laws were enacted to protect the construction workers and ensure that the sites on which they work are safe and that the procedures used to complete the work are in line with the safety policies and procedures.

If the owner of the job site, construction manager and/or the general contractor violate any of those laws and a construction worker is injured, that construction worker can bring a claim for personal injury against those parties. If you’ve been injured in a construction accident, generally your case may fall within three different sections. The Labor Law of New York as applied to construction accidents is divided into three sections.

1. Section 200
2. Section 240 (1)
3. Section 241 (6)

Depending on the facts of your construction accident, your case may involve each one of those sections, or it may only involve one of those sections and that’s why it’s important that you contact a construction accident Attorney so that they can obtain all of the facts of your accident and identify which of those sections applies to your accident.

Labor Law 200

Section 200 of the Labor of New York provides that all worksites:
“be constructed, equipped, arranged, operated, and conducted to provide reasonable and adequate protection to the lives, health, and safety of all persons employed therein or lawfully frequenting such places. All machinery, equipment and devices in such places shall be so placed operated, guarded, unlighted as to provide reasonable and adequate protection to all such persons. Violation of this section that causes an injury to a construction worker gives rise to a potential action against the liable parties.”

In essence, Section 200 of the Labor Law as referenced above generally deals with two main areas:
1. The means and methods of the work that was being conducted, i.e. how the work was being performed and who was responsible for dictating how that work was being done; and/or;
2. Dangerous conditions that exist on a job site, for example, tripping hazards or holes that exist on-site that a worker could fall into.

Whether an owner, construction manager, general contractor or applicable sub-contractors are responsible under section 200 will depend on (i) whether those parties supervised and directed the manner in which the work was being done or (ii) if it’s the case that the accident arises from a dangerous condition on-site, whether those parties had notice (knew of or should have known about) that condition or conditions and/or those parties created the dangerous condition that caused the accident.

Section 200 is a complex section and very fact-specific to each case, and it is for that reason that it’s very important that you reach out to an experienced personal injury attorney so that they can evaluate the facts of your case and identify if your action falls within section 200 of the Labor Law.

Labor Law 240 (1)

Commonly known as the New York Scaffold Law, the Labor Law Section of 240 (1) was enacted in 1855. It serves to protect all construction workers who risk life and limb to build this magnificent city.
The scaffold law doesn’t just apply to scaffolds, it applies to any accident or situation that arises on a job site as a result of an elevation differential, what that means is anything that involves a height difference. So, for example, a worker who falls from a height off a ladder or scaffold or where a worker is struck by something that has fallen, that is commonly known as a ‘falling object’ case. In New York, the labor law section 240 (1) is designed to protect workers who are working at heights or who are exposed to objects that may fall from above.

Section 240 (1) of the Labor Law is a very strict section of the construction accident law because if it is found that there is a violation of Section 240 (1), the defendants, which could be the owner, construction manager, general contractor and any applicable agents of the owner, are strictly liable for the accident. That means that if you can prove that there was a violation of the scaffold law 240 (1), 100% liability is granted against the defendants in your case even if the injured worker was negligent him/herself. The key factor is not whether the worker was negligent, the question is whether the worker was the sole cause of his or her own accident. If the worker is the “sole” cause of the accident, there is no liability on the Defendants.

The Law in this area provides that:
“All contractors and owners and their agents, except owners of one and two-family dwellings who contract for but do not direct or control the work, in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure shall furnish or erect,
or cause to be furnished or erected for the performance of such labor, scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices which shall be so constructed, placed and operated as to give proper protection to a person so employed.”

This law therefore doesn’t apply to owners of one and two family homes but does provide protection to construction workers and workers involved in the “erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure.”

This law can be controversial at times because it gives the injured worker the right to sue not only the owner of the construction site but also the general contractors and any agents of the owner, which may include the construction manager even though they may not have had anything to do with the work that the worker was doing at the time. The reason for this is that the Courts want to provide adequate protection to the worker that responsibility for site safety lies at the door of the owners and contractors on site. A common example of a 240 (1) case is;
• A worker who falls from a scaffold when the planks that he is standing on collapses;
• A worker who falls from a scaffold because of the lack of guardrails;
• A worker who was falls off a ladder that he was given to use when a scaffold would have been a safer device to use.
• A painter who falls off a ladder;
• An object or piece of equipment that falls as it is being hoisted upward and strikes a worker standing below.
• An object or piece of equipment that should have been secured to a wall or building that comes loose, falls and strikes a worker standing below.
• A cleaner who is struck by a piece of equipment.

The labor law of 240 (1) is designed to protect the worker in those instances and more. Again, just like section 200, it is crucial that if you’ve been involved in a construction accident, you reach out to an experienced construction accident attorney to discuss your case and see if Labor Law 240 (1) applies to your case.

Labor Law 241 (6)

New York Labor Law Section 241 (6) relates to construction sites and imposes a non-delegable duty on the property owner and the contractors to provide specific protection to construction workers. The law specifically provides that all areas in which construction, excavation or demolition work is being performed shall be constructed, shored, equipped, guarded, arranged, operated and conducted to provide reasonable and adequate protection and safety to the person’s employed therein or lawfully frequenting switch places. It’s important to note that the section explicitly states that it only applies to areas involved in construction, excavation and demolition work.

The New York Labor Law Section 241 (6) refers to and is intertwined with Part 23 of title 12 of the New York codes rules and regulations (NYCRR), and Part 23, known as the “Industrial Code” deals specifically with different items and activities that are protected under 241 (6). Statue Liberty and New York city skyline

Section 241 subsection (6) deals with a number of items and a number of construction activities that may take place on a job site. It deals with the general responsibility of employers, the responsibility of employees, specific provisions to protect workers from general hazards, provisions related to personal protective equipment, the guarding of power-driven machinery, electrical hazards, combustion devices, safety railing, safety belts, harnesses, tail lines and lifelines, life nets, sidewalk, sheds, catch platforms, ladders and lateral ways, handprints propelled vehicles, illumination and many more activities that are conducted on job sites. In addition, section 241 (6) refers to specific provisions of part 23 that deal specifically with construction operations, demolition operations, excavation operations, scaffolding, the hoisting of materials, personnel hoists, cranes, power-operated equipment and internal combustion engines.

In order to hold an owner, contractor or owners’ agent responsible under Section 241 (6), you need to show that those parties have violated a specific and concrete provision of the Industrial Code to fall within the protection of Section 241 (6). To prove that violation may be straight forward and blatantly obvious but in many cases, to do that may require the hiring of a specific expert, an engineering expert, a safety expert, or a mechanical expert for example and those are decisions that will be taken by your construction accident attorney.

Just as with sections 200 & 240 (1), it is crucial that you speak to an experienced construction accident attorney to evaluate your case so that the attorney can understand the facts of your accident and make a determination as to whether section 241 (6) or any of the other sections of the labor law apply to your case.

These three sections of the Labor Law are broad and can be complex at times, and it is important that you speak with an experienced construction accident attorney when it comes to a construction accident that you’ve been involved in.

The Law Offices of Darren T Moore has experience representing victims of construction accidents and other personal injury accidents and has successfully recovered millions of dollars in compensation for workers injured on the job site.

An example of some of our construction accident results are:
• $6,500,000.00 for a construction worker who fell from a ladder.
• $1,800,000.00 for an undocumented construction worker who fell off a ladder;
• $1,500,000.00 for a union labourer who was struck by an object on a construction site;
• $600,000.00 for an undocumented construction worker who stood on a nail on a construction site and suffered a foot injury.

If you or a loved one have been injured in a construction accident, contact the Law Offices of Darren T Moore for a free consultation at 917-809-7014.

Illegal immigrants / Illegal Aliens – Can I bring a Lawsuit?

illegal immigrants

The city and state of New York is home to over a million illegal immigrant (s) from all over the world. According to NYC government “Immigrants comprise 37.2 percent of the city’s population but 44.2 percent of the labor force.” 44.2% of the workforce – that’s close to half the working population in New York City. Every day we see workers, documented and undocumented, working in construction, in our stores, restaurants and offices. Many of them are the commuters on our trains and subways, drivers or bicyclists on the roads and pedestrians on the sidewalks.

When personal injury strikes, it doesn’t discriminate based on status, illegal or undocumented vs documented. Because of their status, many undocumented people are only able to work certain jobs and in many situations, forced to do jobs that others would not because of the pay and/or danger that the job entails. According to the nyc.gov site referenced above, “Despite higher labor force participation and increases in educational attainment, median annual earnings for undocumented immigrants ($25,300) is significantly lower than earnings for U.S.-born citizens ($45,500).”

If you are an illegal immigrant and you’ve been injured in an accident, your status does not prevent you from bringing a claim for personal injury.

What do the Courts say?

The Courts in New York, State and Federal have ruled that if you’ve been injured on the job, your status should not prevent you from seeking legal help and potentially compensation for your injuries.

The Immigration Reform and Control Act (ICRA) has held that it’s unlawful for undocumented individuals to submit or use false/forged identity documents to obtain employment and it’s also unlawful for an employer to hire an illegal alien, knowing that he/she is illegal. As long as you have not knowingly or intentionally violated the law in obtaining employment in New York, you should not be prevented from seeking compensation for your loss of earnings, if you were injured on the job.

Let’s take an example, you’re an undocumented construction worker working on a New York construction site and you get injured. First and foremost, in New York you are entitled to apply for workers compensation benefits that provide coverage for your medical treatment and also coverage for loss of earnings for your time out of work. Irrespective of your status, you may also be able to bring a third-party lawsuit against the owner, construction manager and/or general contractor for your injuries. This is where an experienced personal injury

attorney comes in as you need to contact one as soon as possible after a construction accident so that the attorney can advise you of your rights, advise you as to what you’re entitled to and give you the direction you need to make sure that you take care of yourself and your rights. An experienced personal injury attorney will discuss all the facts of your case, how your accident happened and what injuries you sustained. The experienced personal injury attorney will also inquire as to your work history, pay history, how you obtained employment and what personal information was provided in order to obtain employment and can then advise you accordingly.

Construction workers injured on the job is just one example, these accidents can happen to anyone in any walk of life whether it’s in car or truck, on a sidewalk or in a restuarant. There are a number of areas that need to be explored in order to protect your rights and it is crucial that you speak to a personal injury attorney who is familiar with dealing with undocumented individuals who have been injured as a result of negligence in the state of New York.

Call the experienced personal injury attorneys at the Law Offices of Darren T Moore PC for a free consultation at 917-809-7014 to discuss the merits of your case and the issues regarding your status.

What is a Deposition?

Deposition lawyer

A deposition is an examination that is held under oath in relation to the case you are involved in. If you bring a lawsuit because you’ve been injured in a personal injury accident, car accident, construction accident, premises accident for example, one of the stages of bringing that lawsuit will likely include appearing for a deposition. If you are being sued in an action as a Defendant, you will also likely have to appear for a deposition.

When we say an exam, it’s not an exam to test you in any way but it’s simply a process where the other side get to ask questions of you about yourself, your accident and your injuries. We tell everyone of our clients, it’s not a guessing game, its simply an exercise in finding out the information that you have related to your case. The purpose of a deposition is to find out what information that particular witness has and to allow all parties find out the essential facts of the case before going to trial.

Our firm deals with depositions in personal injury actions on a daily basis. For personal injury actions, we always prepare our clients in advance of the deposition and inform them as to why they are doing a deposition and what the deposition entails. We inform them that they will be questioned about their background because this is a personal injury action, and they’re entitled to get to know a little bit about you. In the same token, we are entitled to ask background questions of the Defendant(s) witnesses to get to know about them also. In addition, they will ask you questions about your accident, how it occurred, when it occurred and the details surrounding the accident. They will then ask you questions about your injuries, your medical treatment, and how the injuries from the accident have affected your life.

Where does the Deposition take place? Do I need to appear before a judge?

In order to bring personal injury lawsuit, a deposition is one of the most fundamentally important stages of that lawsuit. It is crucial that you have an experienced personal injury attorney on your side to prepare you and educate you so that you feel comfortable and prepared before undergoing the deposition.

Most depositions take place in a reporting office, you sit around the table with your attorney and the attorneys for the other side sit across the table and between the two sides, a court reporter or stenographer as they are called will transcribe what is said during the deposition. Since Covid 19 entered our lives, most if not all of our depositions have been conducted remotely over zoom which is very convenient for all sides involved and also allows the witness to feel more comfortable, some do it from the comfort of their own home, some come to their attorney’s offices.

It’s important to note that being questioned in a deposition is the same as being questioned in court because you are under oath, swearing to tell the truth so it’s important that you are truthful and prepared for your deposition.

If you’ve been injured in an accident, a car accident, a construction accident, slip and fall or a trip and fall accident, call the Law Offices of Darren T Moore P.C for a free consultation at 917-809-7014 and speak to our experienced personal injury attorneys who will guide you and direct you along the right path in relation to the steps that need to be taken to protect your interests.

What is an IME?

“IME” stands for (Independent Medical Examination). Our office, however, does not call these exams IME’s for a simple reason, an IME indicates that it’s independent, however, in most cases, the doctor who is examining you at the IME is far from independent. They have either been hired by an insurance company or a law firm to defend against or mitigate the action you have brought for your injuries.

In our office, we refer to them as DME’s (Defendant Medical Examinations). Whether it’s a car accident, an injury on the job, a workers compensation accident, a construction accident or any type of personal injury, you may be required to attend medical examinations with either the insurance companies doctors and/or the defence attorneys doctors. It’s important to note that these examination(s) and the doctor’s testimony and report may be used AGAINST YOU at a later date, at trial and/or settlement.

It’s crucial that you have an experienced personal injury attorney that is experienced in dealing with these types of medical examinations so that they can give you the advice, direction and guidance you need and educate you as to:

  • What the process involves?
  • What you need to do?
  • What you don’t need to do?
  • What to expect?

We tell all our clients to be prompt for the appointment, being late may result in the office refusing to see you and marking that appointment as a “no-show” which can affect your benefits. Even though some insurance doctors are over-booked and you may have to wait a considerable time before seeing the doctor, be on time and be patient.

Why is it important to attend these exams?

 If you were injured in a car accident or truck accident, hit as a pedestrian or bicyclist, for example, you will be entitled to no-fault insurance coverage, which includes up to and including $50,000 worth of coverage for medical treatment, out of pocket expenses and time out of work. In order for the insurance company to continue to pay that coverage, they may require that you attend an exam with their doctors. If you fail to appear for that medical exam on two consecutive occasions, the insurance company will terminate your benefits and may refuse to pay for all of your medical treatment, leaving those bills for you to deal with. It’s important to note that generally, the insurance companies will reschedule these exams if it’s requested on time and for a valid reason and this is not counted as a no-show. It’s these nuances and pieces of information that makes it crucial for you to seek out an experienced and knowledgeable personal injury attorney.

If it’s a workers compensation case, where for example, you were injured at work in a construction accident or in a factory or store and you are receiving workers compensation benefits for your medical treatment and time out of work, in order to continue receiving those Worker’s Compensation benefits, you will be required to attend these medical exams with the Worker’s Compensation insurance companies doctor.

Finally, if a personal injury lawsuit is started and filed in the Court for your injuries, part of that process requires that you attend a medical exam or exams with doctors hired by the Defendant(s) involved. Those doctors will examine you and then provide a report related to the examination. As mentioned above, these examination(s) and the doctor’s testimony and report may be used AGAINST YOU at a later date, at trial and/or settlement.

If you’ve been injured in an accident, you need an experienced Personal Injury Attorney to guide you along the right path. Contact the Law Offices of Darren T Moore for a free consultation to discuss if you have a case – call us free at 917-809-7014.

How long do I have to bring a lawsuit in New York?

In New York, if you’re involved in a personal injury accident and sustain injury, the time limit that you have to bring your case will depend on who the defendant is. If the defendant is a municipal entity for example, like the city of New York, the New York City Transit Authority, the time limit is shorter and you have to file a notice of claim within 90 days of your accident and you’ve to start your lawsuit within one year and 90 days of the accident date. This applies not only to personal injury actions but also to medical malpractice claims involving municipal hospitals and medical providers.

If your injury action involves a private entity, a private person or corporation, you have three (3) years to file a lawsuit from the date of your accident.

If the action involves medical malpractice, the deadline is two years and 6 months from the date of the malpractice, or from the last treatment where there is continuous treatment of the same illness, injury or condition.

If your action involves wrongful death as a result of negligence and or malpractice, the time limit is two (2) years,

Where you bring a claim for the “intentional infliction of emotional distress” the time limit is one (1) year.

For the “negligent infliction of emotional distress” it’s three (3) years.

If your case involves product liability like a defective product for example, the time limitation is also three (3) years.

What about other actions?

For other actions in New York, different time limitations apply and will depend on the type of action you are bringing. Actions for Libel/Slander/Assault and Battery all have one (1) year time limitations.

In New York, breach of contract actions must be filed within six (6) years of the alleged breach.

Debt collection actions also have a six (6) year limitation.

Each case has its own set of facts and differs regarding who’s involved and what time limitations may apply. It is crucially important to reach out to an experienced personal injury attorney to discuss your case and find out what limitations apply and what must be done to protect your interests.If you’ve been involved in a personal injury accident or suffered malpractice or have someone belonging to you, such as a family member or relative who has died as a result of an injury or malpractice, contact the Law Offices of Darren T Moore P.C for a free consultation and speak to our Personal Injury Attorneys in relation to your action.

Call us free at  The Law office of Darren T Moore on 917-809-7014

Premises Liability Accidents

Slip and fall and trip and fall accidents.   

Premises accidents are very common in New York and each year countless people are injured because of dangerous and defective conditions on or about properties within New York. Whether it involves someone tripping and falling or slipping and falling as a result of a dangerous, defective condition, such incidents can cause serious, permanent injuries including fractures, injuries requiring surgery and traumatic brain injuries (TBI). 

Some examples of premises accidents are; 

As we head into the winter season, the weather conditions get colder, the snow and ice arrive and with that bring its own problems for pedestrians here in New York. Each year in New York, we experience a number of snowstorms and each storm leaves dangerous, slippery and icy conditions on the sidewalks in New York City that, when not cleaned up or not cleaned up correctly can leave the area dangerous for pedestrians to walk across. 

We often have clients who come to us after tripping and falling over a sidewalk flag that is mis-levelled, cracked or in disrepair in front of commercial premises and this defect caused their accident and subsequent serious injuries. 

 Injury caused to a person by a dangerous condition on or within a property that has been left unrepaired.  

Since we founded our firm at the Law Offices of Darren T Moore, our New York City premises liability lawyers have been fighting to protect the rights of people injured, in all types of premises accidents including, slip and fall and/or a trip and fall accidents. If you’ve been injured due to an unsafe, neglected or dangerous condition on a property or in front of a property for example on a sidewalk, you need to consult the premises liability attorneys at the Law Offices of Darren T Moore.  

Business owners, lessees and owners of commercial premises have a duty to the people who are lawfully present within their premises to maintain their property in a reasonably safe condition. Private property owners may also be held legally responsible for personal injuries, which occur on their premises or property.  

Even though premises liability accidents cases may seem straightforward, New York law favours the premises owner when it comes to these accidents and just because someone trips and/or slips and falls in a premises accident and is injured, doesn’t necessarily mean they are entitled to compensation. The injured person must prove that the property owner (i) caused or created the dangerous defective unsafe condition or (ii) that they actually knew about the condition or (iii) that the condition was present for a long enough time period for the owner to become aware of it.  

Those are the essential facts that must be proven in a premises accident liability case. For those reasons, you must consult a premises liability attorney familiar with the laws related to premises liability cases and a premises liability attorney familiar with dealing with slip and fall and/or trip and fall accidents. If you hire an attorney, that attorney will usually investigate the accident, which may include an inspection of the premises and condition that caused the accident, sending an investigator to get pictures and measurements of the condition or defect and securing all available evidence as quickly and as promptly as possible. Your premises liability attorney may also consultant and retain experts such as engineers or architects to inspect and provide expert opinion for your case. 

New York premises liability attorneys at the Law Offices of Darren T Moore promise to aggressively fight and help you and your family obtain “Moore Justice” for your injuries. If you have been injured due to the negligence of another, please contact our firm to discuss your case.

Our Motto is “MOORE JUSTICE” and we seek that in every case retained by our firm.

Call us today at (917)809-7014 for a free consultation.

What is Workers Compensation?

Workers Compensation, in essence, is insurance that is provided to employees to protect them if they get injured or become ill on the job, irrespective of whether they are at fault for the accident or injury. In addition, workers compensation is insurance that provides cash benefits for medical care and for time lost from work for workers who are injured or become ill on the job.

The only caveat to this is, if on the job injury was caused solely by intoxication from drugs or alcohol or where the person intentionally injures him or herself at work, Workers Compensation will not protect.

The purpose of the coverage is to protect employees who are injured on the job and help them return to gainful employment as soon as possible after an injury or illness.

Who needs to know this?

 Let’s say, for example, you are a construction worker working on a construction project and you are injured on the job or site, you are entitled to workers compensation to cover all your medical treatment related to the injury(ies), and also to pay for your lost wages for the length of time that you are out of work.

Let’s say you are working in an office and you slip and fall because of a spill or a slippery condition at work and suffer injury, you are also entitled to workers compensation.

When you file your worker’s compensation claim, you are entitled to receive coverage for your medical treatment and two-thirds of your average weekly wage up to the maximum amount of $1,063.05 per week.

The employers pay for the worker’s compensation insurance and they don’t require that the employee contributes to the cost of the insurance. 

What do you need to know?

It’s important to know that you generally have two years from the date of your on the job accident or knowledge of your injury/sickness to file your claim with the Workers Compensation Board.

You must, however, within 30 days of your on the job accident/injury/sickness, notify your employer of your injury or sickness and doing so in writing is the safest way, whether that be via text or email.

Three things you should immediately do after suffering an on the job injury.

  1. Notify your employer (ideally in writing so you have proof at a later date)
  2. Request that your employer notify the Workers Compensation Carrier
  3. Seek medical attention
  4. Contact a Workers Compensation Lawyer

If you’ve been injured in an accident at work, on a construction site, in an office or have contracted an illness as a result of the work that you’ve been doing, you need to consult a workers compensation attorney. Call the Law Offices of Darren T Moore P.C for a free consultation.

Do you need a personal injury lawyer? Do not wait! Contact us at (917) 809-7014 or info@injurylawatty.com

For more information on this please visit the Workers Compensation website www.wcb.ny.gov

What is No Fault Insurance

Car and truck accident

No fault Car Insurance is simply insurance coverage provided to people who are involved in car accidents and or who are involved in accidents that involve the operation of a motor vehicle,

For example, a driver or passenger in a car crash, an accident with a truck, a pedestrian struck by a car or truck, a bicyclist hit in the bike lane by a car or truck.

For example, if you are the driver or a passenger of a car or truck involved in an accident. In that case, you are entitled to No Fault insurance coverage through the vehicle you were in, irrespective of whether that vehicle is at fault or not at fault for the accident, hence the name No Fault.

What does No Fault insurance provide?

No-fault insurance generally provides up to and including $50,000 in insurance coverage.

That $50,000 can be used to pay for your medical treatment, including all necessary doctors and hospital bills and other health service expenses.

It also covers 80% of your lost earnings, up to a maximum monthly payment of $2,000 per month for up to three years following the accident.

In addition, it includes up to $25 per day for one year from the date of the accident for any reasonable unnecessary out of pocket expenses.

These may include transportation expenses to and from your medical providers, to and from the hospital and it may also include the cost of hiring a housekeeper to help with daily activities.

Finally, in the event of a death as a result of a car or truck accident, it provides a $2,000 death benefit payable to the estate of a covered person under the

No fault insurance, in addition to the $50,000 coverage for economic loss described above.

There may be additional benefits on top of what is described above if the policy that the owner of the vehicle took out has endorsed to include optional basic economic loss and or additional personal injury protection coverage.

However, in general, No fault insurance provides up to and including $50,000 in insurance coverage as a result of being injured in a car or truck accident.

It is important to seek the representation of an experienced personal injury attorney if you have been involved in a car or truck accident or were struck as a pedestrian or bicyclist.

Here at the Law Offices of Darren T Moore, our firm has the experience of dealing with No fault cases on a daily basis and dealing with personal injury accidents that result from car and/or truck accidents.

Helmet and bike lying on the road on a pedestrian crossing.

If you or a loved one has been involved in a car or truck accident or was struck as a pedestrian or bicyclist, contact the Law Offices of Darren T Moore today for a free consultation to see if you are entitled to No fault benefits and to see if you have the potential to bring a third-party claim for your injuries.

Do you need a personal injury lawyer? Do not wait! Contact us on

(917) 809-7014 or info@injurylawatty.com

For more information on this please visit the Auto Insurance website .

 

Construction Accident – Trip and Fall

Construction accident lawyer

As we mentioned in our previous blog post regarding slip and fall accidents https://www.injurylawatty.com/our-blog/, according to the United States Department of Labor statistics, out of 4,779 worker deaths in the private industry in 2018, 1,008 occurred in the construction industry. Aptly called the “fatal four,” the four main causes of worker deaths in the construction industry were falls, followed by being struck by an object, electrocution, and caught-in/between. The “Fatal Four” were responsible for more than half (58.6%) the construction worker deaths in 2018.

Many of these falls occur because of carelessness and dangers on job sites, because of the fact that profits and deadlines are prioritized over safety and the employee. The person who sits in the large windowed office is often the person who reaps the benefits of the jobs expedited completion but he/she is not the one who puts themselves in harm’s way to get to that stage. That role is played by the unknowing construction worker who often suffers a fall and subsequent injury because of the shortcuts that were taken on site to get to the stage of completion. “Falls,” be it from a height, through a hole, as a result of slipping on a slippery substance make up a large majority of the reported falls on construction sites but there is also the “trip and fall” that occurs on a job site that causes serious personal injury that includes, fractures, traumatic brain injury, spinal cord injury, orthopedic injury and even death.

If you’ve been injured due to a trip and fall while working at a construction site or project, workers compensation is likely NOT YOUR ONLY OPTION.

Yes, workers compensation will cover your medical treatment and your loss of earnings but you may be entitled to bring an action for personal injury and compensation against the owner and general contractor of the job site because of the dangerous and unsafe condition of the construction site that caused your injury. The Labor Law in New York was enacted to protect construction workers who suffer on the job injuries as a result of dangerous and defective on-site conditions.

You should talk to an experienced construction accident attorney at the Law Offices of Darren T Moore PC who can guide and advise you as to whether you have a valid personal injury claim.

At the Law Offices of Darren T Moore PC, our construction accident attorney’s will evaluate the facts surrounding your accident and can guide and potentially fight for full and fair compensation for your injuries which may include not only past pain and suffering, lost wages and medical but also the future pain and suffering, future loss of earnings and future medical costs.

Labor Law 241(6)

ALL CONTRACTORS AND OWNERS AND THEIR AGENTS, EXCEPT THE OWNERS OF ONE AND TWO FAMILY DWELLINGS WHO CONTRACT FOR BUT DO NOT DIRECT OR CONTROL THE WORK, WHEN CONSTRUCTING OR DEMLISHING BUILDINGS OR DOING ANY EXCAVATING IN CONNECTION THEREWITH SHALL COMPLY WITH THE RULES AND REQUIREMENTS OF THE INDUSTRIAL CODE – Part 23 of Title 12 of the NEW YORK CODES, RULES AND REGULATIONS (NYCRR).

Part 23 deals with an array of different construction activities and situations and this article will focus on § 23-1.7 (e)(1) and (2) which focuses on Protection from Tripping and Other Hazards:

The section states:

(1)   Passageways.   All passageways shall be kept free from accumulations of dirt and debris and from any other obstructions or conditions which could cause tripping. Sharp projections which could cut or puncture any person shall be removed or covered.

(2)   Working areas.   The parts of floors, platforms and similar areas where persons work or pass shall be kept free from accumulations of dirt and debris and from scattered tools and materials and from sharp projections insofar as may be consistent with the work being performed.

Now importantly, what is a working area and what is a passageway is very often case and fact specific and this is where an experienced construction accident attorney comes in. At the Law Offices of Darren T Moore PC, our New York construction accident law firm will conduct an in-depth investigation into your case and the happening of the accident to evaluate if you have a potential cause of action against the owner and general contractor on your construction project.

The statute as referenced above, protects construction workers working on, using and travelling along “passageways” and “working areas” from tripping hazards which include items that are deemed to be an obstruction and even sharp projections like stepping on a nail. For example, if there is debris strewn around the construction site and that debris obstructs your path on site or you step on this debris and step on a “sharp extrusion” like stepping on a nail, you could be entitled to compensation. Again, this is why it’s important to sit down and discuss your accident with an experienced construction accident attorney who can help identify if your accident occurred in a passageway or walkway, if the debris will be deemed to be a dangerous condition or was it “inherent in the work that was been completed at the time.” Our New York Construction accident attorneys at the Law Offices of Darren T Moore PC are familiar with the nuances of the Labor Law and familiar with the specific sections like § 23-1.7 (e)(1) and (2) and can evaluate the facts of your case to determine if there is a potential claim for personal injury and compensation.

This list is not exhaustive but common areas that trip and fall accidents occur on a construction site are:

  • Walkway’s
  • Sidewalk
  • Hallway
  • Work area
  • Passageway
  • Lobby
  • Vestibule
  • Shanty
  • Common areas

Common causes of trip and fall accidents on construction sites include:

  • Debris
  • Planks
  • Building material
  • Sharp extrusions like stepping on a nail
  • Tools
  • Mis leveled sidewalk flag
  • Improperly placed bollards and cones
  • Steel bolts

What to do if you have tripped and fallen on a construction site?

  • Seek medical attention immediately.
  • DO NOT be forced by any person, supervisor or other person to tell medical professionals at the scene, the EMS or the ER that your accident happened any other way than the way in which it occurred. Often, unbeknownst to you, your boss, supervisor, foreman may tell you that it’s in your interest to say that the accident happened in a different way or even at a different location. This is a sneaky and selfish way for them to possibly avoid liability and harm any genuine claim for injury that you may have.

After that, there are important steps to take in order to protect yourself and any future claim you may bring. You should:

  • Report your accident to a foreman or supervisor or site safety person
  • Take photos and videos of the area and condition that caused your accident, or ask someone to take pictures or videos for you if you are unable to due to injuries
  • Gather contact information of any witnesses, including names and contact details
  • Request that your employer alert workers compensation of your accident
    As soon as practical, you should consult a construction accident attorney to protect your rights. If you have sustained an injury at work on a construction site in New York, an attorney can file a claim on your behalf for you to receive workers’ compensation benefits. Workers’ compensation benefits will cover your medical treatment as a result of the injuries suffered along with paying your lost wages up to a maximum of $934.11 per week.

What can I claim if I have a case for injury that occurred on a construction site?

  • Money damages for Pain and suffering both past and future
  • Past medical expenses
  • Future medical expenses for treatment, assistance and procedures that you’re are likely to require
  • Loss of earnings
  • Loss of future earnings which can include annuity, pension, insurance and union benefits

What if I am illegal or undocumented?

The construction industry provides work to thousands of undocumented workers in New York and many of them suffer on the job injury. If you are an illegal immigrant/undocumented person who was injured you are entitled to worker’s compensation benefits and you may be entitled to compensation for your injuries. Your status is protected and cannot be reported to the authorities and doesn’t prevent you from bringing a claim. You need to contact the construction accident attorneys at the Law Offices of Darren T Moore P.C.

At the Law Offices of Darren T. Moore PC, our construction accident attorneys will work tirelessly to ensure you receive the compensation you deserve following a construction accident. Our construction accident attorneys have extensive knowledge of both New York labor laws and regulations established by the Occupational Safety and Health Administration (OSHA) and the New York Industrial Code including Section 241(6) as referenced above. Call us now at (917) 809-7014 for a FREE CONSULTATION and remember WE ONLY RECOVER IF YOU RECOVER. Our goal is “MOOREJUSTICE” for each and every client.