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

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.

Construction Accident – Slip and Fall

Slipping Hazards

According to the United States Department of Labor statistics, out of 4,779 worker deaths in the private industry in 2018, 1,008 or 21.1% were in the construction industry — that is, one in five worker deaths in 2018 happened in the construction industry. Dubbed the“fatal four,” the four main causes of worker deaths (excluding highway collisions) in the construction industry were falls, or slip and fall,  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.

When we reference “falls” within the construction industry we ordinarily think of a construction worker falling from a height, falling off of a scaffold, falling through a hole or open area and suffering serious and catastrophic injuries including spinal cord injuries, traumatic brain injuries, fractures and even death as mentioned above. Those types of falls make up a large majority of the reported falls on construction sites but there is also the “slip and fall” that occurs on a job site that leads to the same serious personal injury.

If you’ve been injured due to a slip and fall while working at a construction site, workers compensation is likely NOT YOUR ONLY OPTION. Yes workers compensation will cover your medical treatment and your lost wages 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. 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 (d) which focuses on Protection from Slipping Hazards:

The section states:

“Employers shall not suffer or permit any employee to use a floor, passageway, walkway, scaffold, platform or other elevated working surface which is in a slippery condition. Ice, snow, water, grease and any other foreign substance which may cause slippery footing shall be removed, sanded or covered to provide safe footing.”

As can be seen from a simple reading of the text of the statute above, this statute protects construction workers using any floor, passageway, walkway, scaffold, platform or any other elevated working surface which is in a slippery condition. By slippery, the section refers to areas that are wet and slippery because of ice, snow, water, grease or any other foreign substance which is a catch all phrase to encompass any other wet substance that could present a dangerous condition for construction workers. As this section obviously provides protection to construction workers on construction sites, if you have been injured on the job because of a slippery condition it is important to speak to an experienced New York construction accident attorney at the Law Offices of Darren T Moore PC to evaluate if you have a potential claim for personal injury.

This list is not exhaustive but common areas that slip and fall accident’s occur on a construction site are:

  • Work area
  • Staircase
  • Lobby
  • Walkway between two work areas
  • Sidewalk
  • Scaffold
  • Ladder
  • Hallway
  • Vestibule
  • Shanty
  • Common areas

It’s important that you discuss your accident with an experienced construction accident attorney because, although the law provides great protection to the construction worker, certain locations and certain wet surfaces may not automatically impose liability upon an owner or general contractor and you need a construction accident attorney who will conduct an in depth investigation to identify if they liable and responsible for your injuries.

What to do if you have slipped 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
  • Loss of earnings
  • Loss of future earnings which can include annuity, pension, insurance and union benefits
  • Past medical expenses
  • Future medical expenses for treatment, assistance and procedures that you’re are likely to require

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.

Five Facts To Know About Traumatic Brain Injuries

Traumatic brain injuries (TBIs), unfortunately, remain extremely common in the United States and throughout the world. According to the (“CDC”) Center for Disease Control, there were roughly 288,000 hospitalizations tied to TBIs in the U.S. in 2014, many of them due to vehicle crashes and falls (mostly the latter). In total, there were 2.5 million TBI-related Emergency Department visits that year. The Brain Injury Association of America also recently estimated that at least 5.3 million Americans live with a TBI-related disability. The association listed electric shock, infectious diseases, strokes, toxic exposure, and tumours as other common causes of brain injuries.

Moderate and severe TBIs can result in loss of consciousness. A TBI is simply a brain injury irrespective of how mild, moderate or severe. It can range from a bang or shake of the head to striking your head off the ground or being hit by an object. It can be defined as a mild, moderate or severe TBI depending on the initial severity but irrespective of the initial diagnosis, it’s the residual effects and the problems that it brings that will ultimately decide how mild, moderate or severe that the injury is. Because the brain is our body’s computer and is such a complex organ, diagnostic testing such as MRI’s and CT scans, although much more advanced are still not definitive in identifying the extent or even the origin of the brain injury. In a lot of cases, it’s the people closest to the brain-injured person who can put the jigsaw puzzle pieces together when it comes to identifying if someone has had a brain injury and whether it’s permanent. No matter who it is that has suffered a traumatic brain injury, it’s important to know all the fundamental facts related to this type of sometimes fatal injury, including what to do if you believe you sustained such injury due to someone else’s negligence. Don’t ever be misled by false information, as this type of injury can affect many people and entities around you, such as family, friends and healthcare providers.

What are some of the incidents of brain injury that we deal with in personal injury cases?

⦁ Slip and falls on sidewalks
⦁ Trip and falls over misleveled sidewalk flags or because of debris
⦁ Falling objects
⦁ Violent shaking or jerking of one’s head in a car accident – whiplash
⦁ Falling on construction sites from scaffolds or ladders
⦁ Falling through a hole on a construction site
⦁ Electric shock
⦁ Medical malpractice
⦁ Pedestrian knockdowns
⦁ Motorcycle accidents
⦁ Bike accidents
⦁ Truck accidents

March 2020 is Brain Injury Awareness Month, so we have put together five facts to know about TBIs:

⦁ Senior Citizens Are Highly Susceptible

Along with children between the ages of 0 and 4 and teenagers between the ages of 15 and 19, people aged 65 and older are at the highest risk of sustaining TBIs. Therefore, if you are an adult in the latter category, be sure to wear shoes with non-slippery soles and hold on to objects near you like handrails for support. If you believe you need someone to assist you to walk, this can also be a sound precaution.

⦁ Men Are More Likely To Have TBIs

According to some CDC research, men are (sometimes) nearly twice as likely as women to suffer from TBIs. One study revealed that between 2007 and 2013, men held higher age-adjusted rates of TBI-related hospitalizations and deaths (959 per 100,000) than women (810.8 per 100,000).

⦁ Wearing A Seatbelt Can Help

Many studies have shown wearing a seatbelt while driving (and a helmet in the case of motorcycles) can significantly help reduce the probability that a TBI occurs. Never neglect this basic safety measure.

⦁ TBIs Impact Reasoning And Emotions

The frontal lobes are the areas of the brain most commonly affected when a TBI happens. These lobes regulate both reasoning and emotional control. This means memory, language, social behavior, and even sexual capabilities can be impacted. Since impulse control is also affected, TBI victims can lash out at others unexpectedly.

⦁ Multiple Concussions Are More Severe

Although the consequences of a TBI should never be understated, sustaining several concussions is much more lethal. These types of incidents are especially common in high-contact sports like football, in which concussions can lead to severe, long-term brain trauma. The CDC has estimated that up to 3.8 million sports-related concussions happen in the U.S. every year.

What To Do After Sustaining A TBI

If you have been involved in an accident that injured your head, you should seek medical treatment immediately. You should go to the emergency room and you will likely undergo an X-ray or CT scan immediately to identify any brain bleeds, cranial change or any noticeable structural problem with the brain. However, this is not enough to diagnose a brain injury, as these types of procedures only typically reveal fractures and bleeding.

You should have a family friend or loved one close by at all times in the days following a TBI just so they can monitor your condition and take care of you.

You should also seek the opinion and advice of friends and family over the following weeks and months as much as possible so that they can give you their opinion as to whether or not you exhibit any irregular behavior patterns, such as slurred speech, unusually high forgetfulness or fits of anger and violence. These can sometimes be among the signs and symptoms of a brain injury and although it may be difficult to request such opinions, it’s in a brain-injured person’s best interests to do so early on so that you can identify the issues and seek the treatment necessary to enable recovery.

It’s important to follow up with your PCP or seek a referral to a neurologist if you believe you have suffered a brain injury. A neurologist can examine you, conduct a number of tests and recommend a course of treatment and testing which may include the new 3T DTI MRI, an EEG and possibly a referral to a neuro-psychologist and cognitive therapist.

If you or a loved one have suffered a brain injury because of the negligence of someone or some entity, you need to consult with a brain injury attorney. An experienced brain injury attorney in New York should also be able to help you determine whether you have a viable claim for a lawsuit against someone who caused you such harm for any reason. The Law Offices of Darren T. Moore P.C. are dedicated to securing “MOORE JUSTICE” for all clients. The brain injury attorney’s at the Law Offices of Darren T Moore PC are dedicated to protecting and fighting for the rights of brain injured people. If you or a loved one have suffered a brain injury you may be entitled to compensation and if so the brain injury attorney’s at the Law Offices of Darren T Moore PC can fight for MOORE JUSTICE and compensation for you for:

⦁ Physical pain and suffering
⦁ Loss of income due to disability
⦁ Medical expenses (including future)
⦁ Rehabilitation expenses
⦁ Occupational therapy
⦁ Loss of consortium claim for a spouse

Call the Law Offices of Darren T. Moore P.C. today at (917) 809-7014 or contact us online at https://www.injurylawatty.com/practice-area/brain-injury-lawyer-new-york/ for more information about our services.

What Is Supplemental Underinsured Motorist (SUM) Coverage And How Does It Apply To Me?

Supplemental Underinsured Motorist coverage NY

SUM coverage or Supplemental Underinsured Motorist coverage what is that and what does it mean? If you were to take a look at your declarations page on your auto policy (the declarations page will list out the policy limits) you most likely won’t even pass the slightest remarks on the SUM abbreviation, most people just look for the premium at the bottom of the page and that’s it but the SUM provision is very important and I will tell you why using a hypothetical example.

Let’s say you’re driving through an intersection in Manhattan one evening and a car blows a stop sign or red traffic light and slams into your vehicle. The driver of the other vehicle is completely at fault for the accident. As a result of this collision, you sustain serious, significant and debilitating injuries and should be entitled to a significant amount of compensation for your injuries, your pain and suffering, medical expenses and loss of earnings. Now let’s say that the driver of the other vehicle only took out a car insurance policy for the New York state minimum, which is a $25,000 policy. That driver is not wealthy, has no assets or additional monies to collect from. This means that you, who have been significantly injured by this driver can only collect the $25,000 policy from this driver even though the value of your injuries far exceeds that amount. That is where SUM comes into the fold to protect you. Supplemental uninsured motorist coverage provides an option to car owners to pay a little extra on their premium to provide for SUM coverage in the event you’re struck and injured by a vehicle that maintains a smaller policy than you do. This type of insurance, which is typically affordable, allows you to be compensated for injuries under your own vehicle or homeowner or tenant’s insurance policy. Insurance providers must provide you with this coverage according to New York law.  So let’s say, for example, your vehicle was $100,000 SUM coverage. This means that if you were to collect the full $25,000 from the negligent driver, you can then seek to obtain the remaining $75,000 ($100,000 – $25,000) from your own insurance policy and in doing so you shouldn’t be penalized by your own insurance company. Let’s say the vehicle that hit you had a $100,000 policy and your Supplemental uninsured motorist coverage is $300,000. If you were to obtain the $100,000 policy, you could seek to collect up to $200,000 in additional compensation from your own insurance company.

For you to be able to seek monies from your own carrier for SUM coverage you must:

  1. Have a car insurance policy and SUM limit that is greater than the policy on the vehicle that caused your injuries.
  2. Obtain the full policy limits of that vehicle i.e. if they have a $25k policy, you must get the full policy in order to proceed to seek compensation from the SUM policy.
  3. Request SUM consent from your carrier prior to settling the underlying claim.
  4. Apply for SUM arbitration.

The four points listed above are just some of the requirements needed to file for SUM arbitration and this is why you should seek the advice and representation of an experienced car accident attorney in New York City. The car accident attorneys at the Law Offices of Darren T Moore PC are here to help you 24/7. Call us for a free consultation at (917) 809-7014.

According to New York State’s Department of Health, there were 12,093 hospitalizations each year between 2012 and 2014 because of motor vehicle traffic-related injuries, meaning 61.5 out of every 100,000 residents were hospitalized. Additionally, there were 136,913 emergency department visits on average annually during that same period as a result of traffic-related injuries. Thus, it is clearly important to have sufficient insurance to protect yourself and your loved ones. If you or a loved one have been involved in a car accident make sure that you:

  • Seek medical attention.
  • Call the police (at least within 24 hours of the accident) and have the police make a report of the accident and the parties involved.
  • Take photos/videos of all damage and injuries sustained.
  • Request details and contact information from any witnesses.

Supplemental uninsured motorist coverage is worth the additional cost, especially if you work in an industry that requires you to maintain strong health to work and in which you are entitled to a pension following 20 years of service.

Speak To An Experienced Car Accident Attorney

The Law Offices of Darren T. Moore PC in New York can assist you after an accident by:

  • Filing a No-Fault application (within 30 days of your accident) to cover your medical treatment and bills
  • Filing the application for SUM (Supplementary Underinsured Motorist) Arbitration with the American Arbitration Association
  • Representing you during your examination under oath
  • Providing your insurance carrier with all the medicals and authorizations that they are entitled to, in order to help them with the claim evaluation process.

Call The Law Offices of Darren T. Moore PC and his team of car accident attorneys in Manhattan, NYC today at (917) 809-7014 for a free consultation. We continuously strive to achieve “MOORE JUSTICE” for all clients.

What Is Uninsured Motorist (UM) Coverage?

If you are injured in a car accident, you know that potentially you have a claim for compensation against the at-fault driver’s insurance policy. That compensation can include money for pain and suffering, past and future medical expenses and possible loss of earnings.

Unfortunately, In certain cases, people end up involved in an accident with a vehicle that has no insurance or they’re involved in a “hit and run” accident where the driver flees the scene of the accident without leaving their insurance information, that is, if they even had any insurance in the first place. According to the Insured Research Council (IRC), approximately 1 in 8 motorists (13.0%) in the United States in 2015 were uninsured. That percentage has been steadily increasing since it reached a record low of 12.3 in 2010. New York is widely recognized as one of the most accident-prone states in the United States shockingly an estimated 13.8% (1 in 7) of those motorists are uninsured.

The IRC also estimated in 2017 that the total bill for American motorists is approximately $12 billion per year. This sum excludes the cost to taxpayers of legal claims filed against uninsured drivers that aim to revoke their licenses or compel them to pay fines. A CBS News report from 2017 also estimated that uninsured drivers across the U.S. add $67 annually on average to an ordinary policyholder’s bill. This is significant given how high yearly premiums for auto insurance plans have become in recent years (over $900 in some cases).

What do I do if I’m involved in an accident with an uninsured vehicle?

Often, you won’t know immediately if the vehicle involved is uninsured so you should do what every person should do when involved in a car accident:

  • Get medical attention
  • Call the police – THIS IS CRUCIAL – you must alert the police of your accident within 24 hours in order to be entitled to uninsured motorist benefits.
  • Take photographs and/or videos of the damage done and any injury sustained, e.g. bleeding, cuts, scars
  • Obtain contact information for any witnesses to the incident

If it is established that the vehicle that caused your accident was uninsured, you are entitled to file a claim with your insurance company for UM (Uninsured Motorist) benefits. It’s important to note that filing a UM claim will not go against you nor should it lead to an increase in your premium. UM coverage is afforded to every driver in the State of New York who operates an insured vehicle and is there to protect our drivers from careless, reckless and dangerous drivers who operate vehicles without insurance. It’s important to seek the advice and direction of an experienced car accident attorney in Manhattan.

Speak To A Car Accident Attorney 

If you have been injured in a car accident, as stated above, be sure to seek medical attention immediately. This is important to do even if you haven’t sustained a serious injury (e.g. a bone fracture or severe disfigurement) as neck or back pain and other symptoms may not arise until several days after your accident. Shock and adrenaline can kick in immediately after an accident so it is important to be safe than sorry, go to the ER or even an urgent care to get checked out if you feel you have sustained any injury. Afterward, contact a reputable personal injury attorney in New York. The Law Offices of Darren T. Moore PC in New York can assist you extensively after such a setback. Our car accident attorneys take great pride in being there for our clients at what can be their hardest hour. Our car accident attorneys in Manhattan, New York will:

  • File your No-Fault application
  • File the application for Uninsured Motorist Arbitration with the American Arbitration Association
  • Represent you at your examination under oath
  • Take care of providing the insurance company with all the medicals and authorizations that they are entitled to, in order for them to evaluate the claim.

Again it is important to reiterate and emphasize that in order to bring an Uninsured Motorist (UM) claim against your own insurance company, you must alert the police of your accident within 24 hours. To receive no-fault benefits and have your insurance cover your medical expenses (including an Emergency Room visit if this applies), be sure to file a No-Fault application within 30 days of your accident.

Call the car accident attorneys at the Law Offices of Darren T. Moore PC for free today at (917) 809-7014 or contact us online for more information and a free consultation.  Our motto is “MOORE JUSTICE” and we seek to accomplish this for everybody.

Injured as a Result of a Slip and Fall Accident? Snow and Ice case?

Premises accident lawyer New York

The winter months of each year in New York usually bring bone-chilling cold temperatures, numerous heavy downpours, and sporadic snowstorms. It’s nature and it’s a part of life, but with these weather conditions also comes dangerous conditions on roads and on foot. According to the CDC, more than a million people in the United States will visit the emergency room as a result of a slip and fall accident. You only need to walk into the local emergency rooms the days following any snowstorm, big or small, and you will be sure to encounter numerous people who have slipped and fallen on slippery sidewalks and icy conditions. The slippery and icy conditions can be an attraction for the young kids who can venture out with their sleds or go to the nearby ice rink, but for adults, these treacherous conditions pose many problems and dangers.

Deaths as a result of slip and fall accidents account for about 17,000 people each year. The scary reality is that these accidents can happen, no matter how cautious you are. A walk along a slippery and dangerous sidewalk can easily result in a fall and when you fall, it’s usually concrete, a subway grate or a cellar door that you fall on. A bang to the head can cause a traumatic brain injury and injury to any other body part can cause a fracture, spinal injury or torn ligaments. The effects of any of those injuries can be permanent, debilitating, and disabling.

If you’ve recently been injured as a result of a slip and fall accident on a sidewalk, then you should reach out to an experienced and knowledgeable  personal injury attorney in New York and you should contact the trusted New York slip and fall accident attorneys at the Law Offices of Darren T. Moore PC Our experienced personal injury attorneys have dealt with numerous slip and fall cases and are here to help you with your case.

What can cause a slip and fall accident?

  • Slippery sidewalk caused by a broken downspout or broken drain
  • A build-up of ice and snow on the sidewalk
  • Improperly shoveled snow and ice from the sidewalk

Who is Held Accountable for Injuries From a Slip and Fall Accident on a sidewalk in New York?

New York City Administrative Code section 7-210  is the section that applies and that is also commonly known as the New York City Sidewalk Law. The code applies to all accidents that have occurred since September 14, 2003, and it was enacted in order to shift responsibility for the condition of the sidewalks from the City of New York and onto the real property owners. The exception to that shift in liability is when the real property owner is a 1, 2 or 3-family home that is in whole or in part owner-occupied. In that situation, the liability provision does not shift to the owner.

The code states in part:

A It shall be the duty of the owner of real property abutting any sidewalk, including, but not limited to, the intersection quadrant for corner property, to maintain such sidewalk in a reasonably safe condition.

B Notwithstanding any other provision of law, the owner of real property abutting any sidewalk, including, but not limited to, the intersection quadrant for corner property, shall be liable for any injury to property or personal injury, including death, proximately caused by the failure of such owner to maintain such sidewalk in a reasonably safe condition. Failure to maintain such sidewalk in a reasonably safe condition shall include, but not be limited to, the negligent failure to install, construct, reconstruct, repave, repair or replace defective sidewalk flags and the negligent failure to remove snow, ice, dirt or other material from the sidewalk. This subdivision shall not apply to one-, two- or three-family residential real property that is (i) in whole or in part, owner-occupied, and (ii) used exclusively for residential purposes.”

This code, therefore, puts the responsibility for the condition of the sidewalks and area surrounding property within New York city on the property owner, with the exception of 1, 2 and 3-family homes.

It is, therefore, a property owner’s responsibility to make sure that their property is in a “reasonably” safe condition for guests, patrons, visitors, and everyday pedestrians. This includes in front of and around their premises, for example, the sidewalk around the premises and even car parks attached to the premises. If there is any dangerous condition and they have either actual or constructive notice and/or they caused and created the condition and that dangerous condition causes injury, they can be held liable.

Now, the words “actual notice”, “constructive notice” and “cause and create” are legal terms that in essence mean that; (i) they, meaning the owner, knew about the dangerous condition = “actual notice”; (ii) the condition existed long enough that even if the owner didn’t know about the condition, they should have known about it = “constructive” and (iii) Defendants by their actions or failure to take action, caused the condition complained of = “cause and create.”

If the property owner fails to correct, repair or remedy a dangerous condition that they know of, should know of or that they caused and that condition causes injury, then they will be held responsible for someone’s injuries as a result of a slip and fall incident.

What about snow and ice on the sidewalk?

Injury from slipping on snow and ice as stated above can be debilitating and even life-threatening. Snow and ice accidents on a New York City sidewalk require an experienced personal injury attorney Manhattan to evaluate all of the surrounding facts and circumstances to be able to identify if you have a case. Whether or not a property owner is responsible will depend on (i) how long the condition itself has existed, (ii) whether anyone tried or attempted to remove the snow and ice prior to your accident, (iii) when it last snowed prior to the accident and (iv) is there a “storm in progress” defense.

In New York, New York City Administrative Code Section 16-123 deals with the responsibility of a property owner when it comes to the removal of snow and ice from in front of and around their premises.

The section states in part that

“Every owner, lessee, tenant, occupant, or other person, having charge of any building or lot of ground in the city, abutting upon any street where the sidewalk is paved, shall, within four hours after the snow ceases to fall, or after the deposit of any dirt or other material upon such sidewalk, remove the snow or ice, dirt, or other material from the sidewalk and gutter, the time between nine post meridian and seven ante meridian not being included in the above period of four hours.”

The section essentially states that every owner, lessee, tenant, occupant or other person has four hours from when the snow stops to begin to remove the snow and ice from the sidewalk in front of their premises. This requirement does not, however, apply between the hours of 9pm and 7am.

It’s because of the applicability of the different sections of the New York City Administrative Code and the sidewalk law in New York that you need to seek the advice and counsel of an experienced and knowledgeable personal injury attorney New York who is skilled and familiar with the area of slip and fall accidents.

What is the “Storm In Progress” defense?

The “storm in progress” defense shields property owners from liability where the accident complained of, occurs during a storm. The basis for the defense is that the Courts have held, and rightly so, that it would be unreasonable to expect that a property owner go out and attempt to remove the snow and ice from the sidewalk in front of their property while a storm is ongoing. This is reasonable and makes sense and is also why the Courts have enacted the above section 16-123, which gives property owners the 4-hour window to begin snow and ice removal.

It’s the reckless and careless property owners who leave the snow and ice accumulating and sitting on their sidewalks for more than four hours after cessation and at times for days on end that are held responsible for causing injuries to pedestrians and patrons.

The slip and fall accident attorneys in Manhattan at The Law Offices of Darren T. Moore. PC will thoroughly investigate your case, identify the causes, and help you determine whom to hold accountable for your injuries.

What will a personal injury attorney do for me?

  • Investigate the facts of your case and identify which laws may or may not apply
  • Obtain pictures of the condition if they were taken or still exist
  • Seek witnesses
  • Check the certified weather data
  • Find out who the owner is and identify responsible parties

Don’t Let Yourself Be Taken Advantage Of!

If you or a loved one has been injured as a result of a slip and fall accident, on a sidewalk because of an icy condition or because of a snow and ice incident, you should seek out an experienced, knowledgeable personal injury attorney. You should call the Law Offices of Darren T. Moore PC for a free consultation. Our team of highly experienced slip and fall accident attorneys in New York will be there to evaluate your case and help you every step of the way to make sure you receive the compensation you deserve.

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.

Construction Accidents: What Is The Labor Law And How Does It Apply To Me?

Construction accidents, unfortunately, remain a common occurrence in the United States, and especially in New York City. According to the NYC Department of Buildings (DOB), there were 586 injuries and 11 deaths related to construction accidents in the city in 2019. Six of the deaths happened in Manhattan. Even more shockingly, these fatalities can sometimes be underreported when official statistics are compiled each year.

Although the number of construction-related injuries in NYC has declined relative to previous years, these figures remain higher than those from 2015 and construction is still considered the most perilous industry in NYC, per a story from CBS Local published in 2019. Fatalities are up 33% relative to 2015.

Causes Of Construction Accidents

The four most frequent types of construction-related injuries are falls, being struck by an object, being caught under or between an object, and electrocution. Common causes of construction accidents include:

  • Defective ladders and scaffolds
  • Improperly built scaffolds
  • Falling objects that should have been secured
  • Partial building collapses
  • Sharp objects (like saws, nails, and broken glass) left lying around within passageways
  • Improper use of cranes and forklifts

Other more intangible and organizational causes of construction accidents include:

Profit over people and budgeting decisions: One common way of cutting budget costs involves reducing the workforce and circumventing safety procedures, which is evidently risky.

Deadlines: Especially in the construction industry, you hear them say “this needs to be done yesterday.” Contracts may include late fees and penalties so impending deadlines can lead to shortcuts especially when it comes to how work is done and worker safety.

Improper training: Whether it’s complying with OSHA 30 or even attending the toolbox talks on site, some contractors and job sites adhere to it and unfortunately some don’t.

New York’s Construction Labor Laws

Under New York State labor laws, construction company owners and contractors are required to ensure that all areas they control are “reasonably safe” for all workers, per Labor Law 200. That includes the job site itself, the equipment and machinery that is being used and also the methods by which the work is being done. Section 200, is in essence, what we call “common law negligence.” This section of the Labor Law is narrow in that you need to show that the owner and general contractor on the job site in some way controlled and directed the work that resulted in the injury that a construction worker suffered and in many cases, the work that was being done at the time is usually controlled and directed by one’s own employer and not by the owner or the General Contractor. In addition to the work that is being done, the owner and general contractor are responsible for dangerous conditions on the job site like structural defects and conditions as long as they knew about the condition, or the condition existed for such a sufficient period of time that they should have known, observed or identified the condition.

Section 240(1) of New York’s labor laws, which is commonly referred to as the “Scaffold Law” provides protection for a construction worker in relation to what the courts refer to as “gravity-related” incidents, i.e. falls from a height such as a ladder or a scaffold, scaffold boards collapsing and causing construction worker to fall, falling through a hole on the job site and also falling object cases, for example where an object that should have been secured falls, strikes and injures a construction worker. This section of the labor law provides great protection to the worker and holds the owner and general contractor on the site, absolutely liable for a gravity-related incident as long as the worker was not 100% at fault for his own incident. WHAT DOES THIS MEAN? It means that even where the construction worker may have contributed to the incident if it’s shown that he/she wasn’t afforded proper protection, the owner and general contractor are 100% at fault. A simple example of this would be where a construction worker who is on a ladder that can’t be tied off or doesn’t extend the requisite three (3) feet above the roof or parapet falls from the ladder when he/she overreaches to grab a tool. The worker, in that case, contributed to his accident in overreaching but the fact that the ladder couldn’t be tied off or didn’t extend above the roof is a violation of the labor law and the owner and general contractor are then held completely at fault. Once it can be shown that there was a violation of any type, irrespective of whether the owner and general contractor was even aware of such a violation or dangerous condition, they ( the owner and GC ) will be held 100% at fault for the incident and the resulting injury. This section of the law was brought in to provide great protection to construction workers and by holding the owner and general contractors responsible, the law imposes upon them the responsibility of making sure that all contractors and subcontractors on-site work safely and in conjunction with the rules and regulations for construction.

The third major section is Labor Law Section 241(6), which relates to construction, excavation, and demolition on sites. The section states that “all areas in which construction, excavation or demolition work is being performed shall be so constructed, shored, equipped, guarded, arranged, operated and conducted as to provide reasonable and adequate protection and safety to the persons employed therein or lawfully frequenting such places.”

This section provides and requires that work is performed in a safe manner and protects workers from exposure to safety hazards that can result in serious construction injuries. This section of the Labor Law specifically refers to Section 23 of the New York Industrial Code which lays out and specifies the rules related to construction, demolition and excavation activities. Whether it relates to the height a ladder can extend above a roof, the maximum weight or load allowed on a scaffold, the condition of a construction site passageway, the sufficient amount of lighting required in a construction site area and the proper condition of power-operated equipment, this section lays out specifically the rules and requirements for each contractor and construction site to operate by. In order to be successful under this section, you must prove a violation of a sufficiently specific provision of the Industrial Code. This is where an experienced construction accident attorney is needed, someone who can navigate the specific sections of the Labor Law and in particular Section 23 of the Industrial Code.

If you or a loved one have been involved in a construction accident, call the construction accident attorneys at the Law Offices of Darren T. Moore PC for a free consultation.

What To Do After A Construction Accident

Firstly, we tell each and every client that we speak with, if you have been injured in an accident of any kind, seek medical attention. 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
  • Take photos and videos of the area and circumstances of your accident, or ask someone to take pictures for you if you are unable to due to injuries
  • Gather all relevant information from any witnesses, including names and contact details, or ask someone to do it for you if you are unable to due to injuries.
  • Request that your employer alert workers compensation of your accident

As soon as practicable, 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.

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. The types of compensation you can potentially recover include damages related to:

  • Pain and suffering
  • Past and future medical expenses
  • Past and future loss of wages, earnings, and benefits

Reasons To Hire A Car Accident Attorney In New York City

Car Accident Attorney Lawyer in New York

According to the New York City Police Department there were 228,047 car accidents in 2018 across the metropolitan area. New York City is a vibrant, fast paced city and from dawn to dusk, it’s crowded with traffic, pedestrians, motorists and cyclists to name a few. For these reasons, accidents involving cars, cyclists, and pedestrians can and do happen, anywhere and at any time. Even when we try our best to exercise caution, an accident can occur. If you or a loved one has been injured in a car or pedestrian accident in New York City, then you’ll need the experience of a highly trained car accident attorney in New York. That is why the Law Offices of Darren T. Moore are the trusted car accident law firm in New York, because they will fight for the compensation and rights you are entitled to. If you’ve been involved in a car accident, it’s important that you consult a car accident attorney.

First and foremost, if you or a loved one are involved in a car accident, the most important thing to do is to look after your physical well-being. That may include calling the EMS, receiving treatment from the EMS and going to the nearest ER or urgent care facility. Your health is your wealth so take care of your physical well-being at all times.

Make sure that you notify the police about the incident and this enables the police to generate a police report. If you can, make sure to take pictures of the vehicles involved and any damage done to the vehicles. Lastly, if you can, obtain the contact details for any witnesses that are present.

Car Accidents Need To Be Properly Documented


As above, gathering information and what we call the “evidence” at the time of the incident is crucial and that is one of the reasons why calling the police and EMS is very important as they will also diligently document all the necessary information related to the incident.

After gathering this information and getting immediate medical attention, one of the reasons you should call an experienced car accident attorney is to assist you in filing a “No-Fault” application.

What is No-Fault?

New York State follows a “no-fault” insurance system. In the event of a car accident, irrespective of whether you have personal insurance or insurance through your job, you are entitled to No Fault insurance coverage through your car insurance – that is the car you were in at the time of the car accident – irrespective of which vehicle is at fault for the accident. Through the No-Fault Insurance policy on the vehicle you were in at the time of the accident, you are entitled to receive coverage for all medical treatment and partial payment for lost time from work up to a maximum of $50,000. The purpose of the No fault protection is to protect motorists, bicyclists and pedestrians irrespective of fault and to obtain such coverage you don’t have to prove the other driver or driver’s negligence in order to collect benefits. 

Cost of car accident related injuries can be costly, and some injuries depending on the severity can lead to more chronic problems for victims, including disability or sometimes even death. 

Once your application is filed with the insurance company, your EMS and ER bill will be covered and you can then proceed to receive the medical treatment, care and diagnostic testing that you need to help you throughout the recovery process and if applicable, payment for lost earnings for the time you are out of work.

This is also where the experienced car accident attorneys and firm of The Law Offices of Darren T Moore can help. Our office prides itself on helping car accident victims and guiding them along the path to recovery. This can include referring you or your loved one to the right doctor and/or specialist and making sure that you know that your not alone on this path. We can assist with filing for and obtaining lost wages, making sure that your medical bills are covered and also, where necessary, arranging for home health care and assistance.

The complexities, deadlines and procedural requirements involved means that the risks are too great for you not to seek the professional expertise of a car accident attorney. If you’ve been injured in a car accident, our professional attorneys at The Law Offices of Darren T. Moore will help to make sure you have complied with all the deadlines and requirements.

Don’t Let Yourself Be Taken Advantage Of! 

If you or your loved one has been injured as a result of a car accident, you should reach out to The Law Offices of Darren T. Moore for a free consultation. Our professional and highly trained car accident attorneys will help you every step of the way with your case, to ensure you get the justice you deserve. 

Our Motto is “MOORE JUSTICE!” 

And if you don’t believe us, simply take a look at our reviews and testimonials on our website, Google and Avvo. 

Call us today at (917) 809-7014.

Injured As A Result Of A Defective Or Dangerous Escalators?

Escalator accident lawyer in New York

Escalators are everywhere, especially in a major city like New York. We use them each and every day, at the subway station, local mall, in our office buildings’, schools’ and sometimes even in our apartment buildings. Even though we use escalators on a daily basis, be it as part of our daily commute or venture to the local mall, we can tend to overlook the fact that they can be incredibly complex and dangerous pieces of machinery when they aren’t maintained properly.

Incidents involving escalators seriously injure over 6,000 people each year in the United States, according to data provided by the U.S. Bureau of Labor Statistics and the Consumer Product Safety Commission.

It’s because of these statistics and the complexity of the machinery involved that there are local ordinances and state laws that dictate the manner in which escalators are maintained and serviced. Escalators have to be regularly maintained, serviced and must pass regular inspections to prevent accidents and consequently, serious injury. The majority of escalator accidents are simply caused by improper maintenance and lacklustre servicing of the escalator and its parts.

Things like

  • broken or missing steps
  • Faulty wiring
  • gaps between the “comb plate” and the step at the bottom or top of the escalator
  • unsecure handrail
  • clothing caught in the steps, side panels and skirt guard of the escalator
  • improper calibration of the escalator leading to sudden stops, “jolts” or changes in the speed of the escalator
  • Debris caught in the steps or comb plate

The above are just examples of what can occur when an escalator is improperly serviced, maintained or repaired and it’s these situations that can lead to serious injuries on escalators.

Building owners have what is called a “Non Delegable duty” to keep its premises and it’s parts in a reasonably safe condition and that includes it’s escalators and this means that they can’t simply pawn off responsibility for the escalator’s condition on a 3rd party. In a lot of cases, there will also be an escalator maintenance company, hired by the building pursuant to a contract who are responsible for the inspection, upkeep and maintenance of the escalator. That is where, an experienced escalator attorney like the attorneys from the Law Offices of Darren Moore PC step in and take care of everything. At the Law Offices of Darren T Moore PC, our escalator attorneys’ will conduct a thorough and diligent investigation which includes:

  • Visiting the location and taking pictures
  • Speaking to witnesses
  • Obtaining surveillance footage
  • Requesting all complaints, notices of violation, inspections and reports from the New York City Department of Buildings
  • Requesting that the escalators control system data is maintained
  • Reviewing all service contracts and 3rd party contracts to identify who else may be responsible

If a building owner fails in it’s NON-DELEGABLE duty to provide a reasonable safe premises which includes it’s escalators and as a result, you or a loved one has been injured, you may be entitled to compensation and should pick up the phone and call our office for a FREE CONSULTATION. A severe injury can keep you or a loved one from working and even lead to permanent disability.  At the Law Offices of Darren T. Moore our firm and escalator accident attorneys will work thoroughly to investigate your accident and seek any benefits that you are entitled to. It is important that you begin working on a claim without any delay. Personal injury claims can be complex and time-consuming and that is why you should seek the counsel of a personal injury attorney to help you with your case. Call our office and we will happily guide you through the process.

If you or a loved one has been injured while using an escalator, you should reach out to the Law Offices of Darren T. Moore for a free consultation. Our professional and highly trained escalator injury attorneys will help you every step of the way with your case and help you seek the justice you deserve. Our motto is “MOORE JUSTICE!”

Call us today at (917)809-7014