Personal Injury

Published on: March 10, 2016

Firefighters save NYC family suffering from carbon monoxide gas poisoning

A whole family was injured by a carbon monoxide gas leak in NYC early morning yesterday. Initially called for a fall accident, the firefighters arrived to a Flushing home in Queens and found the mother unconscious in the bathroom and the dad circling the apartment and talking in a way that didn’t make sense. One of the two kids was crying. An elderly man was also present in the house. The FDNY checked the house for carbon monoxide and found that the level of CO was at 755 parts per million, an extremely high and fatal level. The family was immediately transported to the hospital to be treated. They are now in stable condition.

The family had recently moved into the Queens house. They hadn’t installed CO detectors which are mandatory in New York City. According to the FDNY, the gas leak was coming from a defective heating unit that was venting CO in the house. The FDNY told the NY Daily News that “some work was recently done to the furnace and it wasn’t done to code”.

Carbon monoxide is a very dangerous gas because it has no smell and no color. The first symptoms of CO poisoning are upset stomach, vomiting, headache, chest pain, dizziness and confusion. Further intoxication can make people pass out and ultimately die. People who are sleeping or who are drunk may die without even feeling the first symptoms.

Continue reading →

Published on: March 8, 2016

Work related injuries exacerbate income inequality

By GGCRBHS&M

Personal injury attorneys representing construction workers that have been injured at work understand too well the economic consequences of such accidents. When a worker is injured he will not only have direct costs such as medical expenses but also indirect ones such as lost wages and fringe benefits as well as lost home productivity.

A recent study published by the American Journal of Industrial Medicine provides an analysis of the economic consequences of workplace injuries in the United States. The authors of the study , Xiuwen Sue Dong DrPH^1,*,Xuanwen Wang PhD^1,Julie A. Largay MPH¹and Rosemary Sokas MD, MOH² estimated that in 2007, the total of the direct and indirect costs of all reported work injuries in the US cost $250 billion, higher than the $219 million spent on cancer. Worker’s compensation covers an average 44.5% of the direct medical costs but this amount represents only 20.7% of the total costs. The difference is being shifted onto the workers and their families, insurance carriers and the government.

The study finds that following an injury, an injured worker’s family will suffer income loss because of the lost wages and his or her disability. The study also shows that Union workers are better protected in case of an accident and will suffer a moderate income loss compared to a non union worker who suffers the same work injury. Income disparity will persist in the long term.

Published on: March 8, 2016

Musculoskeletal disorders and Injuries are the main cause of permanent disability among Construction Sheet Metal Workers

By GGCRBHS&M

Among all construction workers, sheet metal workers have one of the highest risks of personal injury. Some of them are injured so badly that they are permanently disabled. A recent study published in the American Journal of Industrial Medicine provides an Analysis of Permanent Work Disability Among Construction Sheet Metal Workers. The authors Gavin H. West MPH^1,*, Jaime Dawson MPH², Claire Teitelbaum BA¹, Rebecca Novello BA¹, Katherine Hunting PhD, MPH² and Laura S. Welch MD^1,2 analyzed the pension records of disabled sheet metal workers to compare the causes of disabilities. They found out that 47% of the disabilities were related to Muskuloskeletal disorders (MSDs). 14% of them were related to circulatory diseases and 10 % were related to other injuries suffered at work.

Sheet metal workers are construction workers installing, repairing and maintaining heat and AC units or installing signs, rain gutters or roofs. They have one of the highest rate of non fatal personal injury among construction workers. The study indicates that these injuries are often related to working at heights and overexertion as well as manual material handling.

Author Information

Continue reading →

Published on: March 8, 2016

Teenager injured in a car accident in Brooklyn

By GGCRBHS&M

A 14 year old boy suffered personal injury in a NYC car crash last Saturday. 14 year old Luiz Cruz stole a car with another teenager and went for a joy ride in Coney Island. The police spotted the car speeding on Surf Ave near West 23rd Street and began to chase them. The police tried to pull them over before the driver lost control of the vehicle and hit a cement median and several parked cars. The driver fled the scene of the accident leaving his friend injured on the passenger seat. The police are still looking for the driver.

Read more in the NY daily News

Published on: March 7, 2016

Despite Vision Zero efforts, the last four months saw an increase in pedestrians dying and suffering personal injury in car accidents in NYC

By GGCRBHS&M

There are usually less personal injuries and deaths related to motor vehicle accidents in New York City during the month of January than during most other months. This January there were 17,798 traffic accidents compared to 15,977 in January 2015, 16,597 in January 2014 and 15,599. Even though motor vehicle accidents decreased from January 2014 to 2015 the number of monthly accidents has been on an increasing trend. It is the first time that the number of traffic accidents is above 17,000 for the month of January.

Despite an increasing number of traffic accidents the number of injuries and deaths related to theses accidents have decreased. This is hopefully related to the introduction of various initiatives to make the streets safer launched under the NYC Vision Zero project. As motorists are driving slower and in a safer way, accidents still happen but less road users are injured or die.

3,624 people were injured in a traffic crash in New York this past January. This is more than in January 2015 (2,449) but less than in January 2014 (3,899) and in January 2013 (3,993). Globally over the last 3 years the monthly number of people injured in NYC auto accidents has been decreasing. However during the last few months, the number of injuries have been picking up again. For example, In December 2015 there were 4,519 people injured in auto accidents in NYC compared to 4,117 in December 2014 and 4,277 in December 2013. It was the first time that the number of injuries related to traffic accidents in NYC was above the trend line in December.

Continue reading →

Published on: March 4, 2016

Elderly man suffers critical personal injury after being knocked off his electric scooter by hit and run driver in Brooklyn, NYC

By GGCRBHS&M

A 70 year old man was critically injured by a speeding hit an run driver yesterday afternoon in Brooklyn, NYC. The man who was riding his electric scooter was in the crosswalk at the intersection of 25th Avenue and 85th Street when he was side-swiped by a speeding white SUV. The impact knocked the elderly man off of his scooter. Jennifer Fahmy, a teenaged pedestrian was standing nearby and witnessed the accident. She told NBC News that the driver almost hit her as well. As he was fleeing witnesses said he ran several red lights.

Jennifer immediately ran to the victim to assist him. She said that he was critically injured and was barely moving. She called 911.

The elderly man was rushed to the hospital in life threatening condition.

Continue reading →

Published on: March 3, 2016

A bicyclist and two pedestrians died while two others were critically injured in five separate hit and run accidents in NYC early morning last Sunday

By GGCRBHS&M

The NYPD are actively looking for five negligent hit and run drivers who killed a bicyclist as well as two pedestrians and injured two other pedestrians.

The first accident took place Sunday morning in the Bronx around 1:30 am. 63 year old Jose Contreras was attempting to cross Webster Avenue at the intersection of 175th street when he was struck by a grey SUV. The driver never stopped. The victim who had just attended his sister’s birthday at a nearby catering hall was found by his son. He suffered severe trauma and was rushed to the hospital. He didn’t survive. The police are looking for a 2001-2006 gray suburban Cadillac Escalade. More information about the accident can be found on the ABC7NY website.

The second accident occurred less than an hour later in Queens, NYC. A 22 year old woman was crossing Guy R. Brewer Boulevard at 118th Road in South Jamaica when she was hit by a silver minivan. The driver never stopped. The police found the young pedestrian unconscious on the ground. She was taken to the hospital where she was diagnosed with critical head trauma.

Continue reading →

Published on: March 3, 2016

A pedestrian died after being hit by a livery cab driver who failed to yield while making a left turn

By GGCRBHS&M

A 77 year old woman died after being hit by a car in New York. The pedestrian accident occurred at the intersection of Madison Avenue and 36th Street around 8:30 am on Monday morning. 77 year old Carol Dauplaise, a Manhattan jeweler, was crossing Madison Avenue from east to west. She had the green light and was in the crosswalk. As she was crossing, Buddhi Gurund, a limo driver for Tel-A-Car, made a left turn onto Madison Avenue from 36th street and struck her. Other pedestrians who witnessed the accident rushed to the rescue and lift the car off to try to save the woman. She was transported to the hospital where she later died from her injuries.

Carol Dauplaise was a successful jeweler who had developed her own business into a multi million-dollar business. She started her own company in 1979 with only two other employees: a sales person and a design assistant. Her company is now employing 50 people in New York City. Her store was located a block away from the accident on 37th Street.

The limo driver told the police that he didn’t see the victim. According to the Gothamist he was arrested and charged with failure to yield to a pedestrian and failure to exercise due care.

Continue reading →

Published on: March 3, 2016

Ministerial Versus Discretionary Acts or Omissions in Child Welfare Litigation

By GGCRBHS&M

Many children in the welfare system suffer personal injury or or are even killed because they weren’t provided with stable and secure care. When a child is harmed while under the care of child welfare services, that child may have a viable cause of action in state or federal court. In the article “Ministerial Versus Discretionary Acts or Omissions in Child Welfare Litigation” recently published in the Capital University Law Review, 44(1), 103-125* Andrea MacIver, J.D., DePaul University College of Law, Appellate Judicial Clerk for the Honorable Nathaniel R. Howse, Jr and Daniel Pollack, M.S.S.A. (M.S.W.), J.D., Professor at the School of Social Work, Yeshiva University in New York City, and a frequent expert witness in cases involving child welfare and developmental disabilities, focus on state claims.

Published on: February 29, 2016

Two construction supervisors involved in separate fatal NYC construction accidents had their licenses revoked by the Department of Buildings

By GGCRBHS&M

After a construction worker died and four others suffered personal injury in a construction accident in Brooklyn, NYC, in 2011, the negligent “special instructor” who failed to perform crucial safety inspections on the site of the accident had his license revoked by the New York City Department of Buildings on Friday.

Back in 2011, Steven Schneider, an engineer, was hired as a special safety inspector on the construction site of a 14-unit condo building in Brighton Beach. As part of his duties Schneider was required by the code to perform structural tests such as testing of steel and masonry construction, structural stability and underpinning of adjacent buildings. Investigations show that Schneider never performed any of these tests and therefore didn’t notice that construction workers had improperly poured concrete on unstable steel structures. This gross negligence led to the collapse of several floors of the building. During the accident several workers were buried in the debris. Among them was Ivan Lende, a 54 year old worker from the Ukraine who died in the accident. Four of his colleagues were injured. Investigation results also show that Schneider was unable to provide inspection documentation at many other NYC sites where he had been hired as a safety instructor. Not only did Schneider have his license revoked by the NYC DOB but his case was also referred to the state for “further disciplinary action”.

The DOB also announced Friday the revocation of the plumbing license of Andrew Trombetta. Andrew Trombetta is a master plumber who was involved in the East Village gas explosion that killed two people and injured many others in March 2015. Andrew Trobetta rented his licensed to the unaccredited plumber who installed the illegal hook up that led to the explosion. Earlier this month he was charged with falsifying inspection reports while four other people were charged with manslaughter and criminally negligent homicide.

Continue reading →