Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is a New York Plaintiff's personal injury law firm specializing in automobile accidents, construction accidents, medical malpractice, products liability, police misconduct and all types of New York personal injury litigation.

Articles Tagged with personal injury

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NYC construction workers Failure to provide fall protection to workers  continues to be the most frequent violation found by OSHA inspectors while visiting construction sites or any other work site of other industries. From October 1st 20017 to September 20 2018, OSHA issued 7,270 violations to employers who failed to provide their employees with appropriate fall protection. Falls are also the number one cause of death on American construction sites. One of the most serious violators was Kasper Roofing & Construction in Florida. OSHA proposed a fine of $134,510 after the death of a roofer. Roofers for this company were working with no protection at all and without any safety training on fall hazards.

The second most common OSHA citation was related to hazard communication. Companies using toxic or dangerous chemicals and substances are required by law to proprely identify and label these products. They have to make sure that their employees know about the potential danger of these products by providing them with appropriate training on how to work with or near these products. At the beginning of this month an employee at a drilling company in Alabama died after flammable welding gas stored in an unventilated storage container exploded when he opened the door of the container. The employer, Legend Directional Services LLC, was cited by OSHA for failing to train employees on hazards associated with flammable chemicals. The company is facing a $28,455 fine.

Scaffold violations were the third most common violation found by OSHA inspectors. 3,336 companies were cited over the last year for unsafely using scaffolds. The highest proposed fine was $120,320 to Appleton roofing contractor Hector Hernandez. Hernandez employees were neither trained on fall hazards nor provided with fall protection equipment. The contractor also failed to install an extension ladder for safe egress  and failed to provide required ladder jack scaffold components.

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preventing children injury in 2018The Center for Child Injury Prevention Studies (CChIPS) just released a compilation of their 10 most recent projects in their 2018 annual report. Here is a summary of their area of studies and findings:

  1. Some recent studies are questioning if  it may actually be safer for a child to be seated in a proper restraint system in the front passenger seat rather that in the back seat. The CChIPS conducted crash test studies with a child human body model called the PIPER. They found out that a six year old child seated in a high-back booster and forward-facing Child Restraint Seat (CRS) in the front passenger seating position was better protected from injuries in cars equipped with modern passenger airbags rather than cars with no airbags. These findings go against the common belief that airbags are dangerous for children. Additional tests are needed to validate these findings.
  2. Which booster seat design is best at protecting children from injury? Where should the belt be positioned? Would the addition of curtain airbag help prevent injuries in a car accident?
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In our previous blog we provided an overview of the cost of personal injury in the US based on various criteria mostly related to the patients. In part 2 we are going to look in depth at the cost of each particular type of injuries.

Unintentional injuries are by far the most common. More than 26 million people suffered unintentional injury in the US in 2013 according to the study “Incidence and costs of injuries to children and adults in the United States”. The total cost of these injuries almost reached $1.5 trillion.

Number-of-injuries-per-type
Cost of injury per type
Among the unintentional injuries, a third of them were falls. Every year more than 8 million people are visiting the emergency room after falling. More than 3 million are being treated because they were struck and approximately 2.5 million were motor vehicle occupants involved in a traffic accident. Another very common cause of unintentional injury is overexertion.

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What does an injury really cost, not only in terms of medical spending but also in terms of work loss and decreased quality of life? A recent study by researchers from Brown University and the Pacific Institute for Research and Evaluation and published in the Journal of Injury Epidemiology provides an economic analysis of the “real cost” of all 31,038,072 hospital-treated injuries in the US in 2013. While most previous studies on injury cost focus mostly on the acute medical cost they don’t address the cost of the burden of injury.

The study found that one American out of 10 visited the hospital for a non-fatal injury during the year under study. Medical spending including hospital and home care, emergency transportation, medicines and physical therapy for all of them came to a total of $168 billion. Future lost work from permanent disability came to a total of $223 billion and quality of life loss came to a total of $1,46 trillion.

The study also provide an in-depth analysis of the cost of injury by age, household income, payer, location, injury mechanism, intent and severity.

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diabetic-medicineThe rising prices of insulin has lead diabetes patients to cut back on insulin or to buy it on the black market putting them at risk of dangerous injury and even death. In 1996, a vial of Humalog insulin cost $21, it now costs close to $400. While the price of milk increased by 23%, over the last 20 years, the price of insulin increased by 1150%.

A mother interviewed by CBS New York said that even though she has insurance for her diabetic daughter, she has to pay $1300 out of pocket every 3 months. Other patients are turning to the black market where they can find insulin for much cheaper. This practice is dangerous as unscrupulous dealers might sell fake products that can have deadly consequences.

A recent study by Yale  researchers also found out that many patients are cutting on their insulin dose to try to save money. As a result they are exposing themselves to dangerous levels of glucose in the blood which ultimately can lead to death.

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school sport can lead to injuriesOveruse Injuries often occur when young athletes are pushed by their parents, their teachers or their coach to be highly specialized in one sport at an early age. As kids get back to school, many of them will be lead to focus on one specific chosen sport only. Supported by their parents and their teachers, they will try to develop into great athletes. However a recent study in Pediatrics shows that athletes below the age of 18 who are highly specialized in one sport only have a much higher risk to develop overuse injuries and to ultimately quit sports.

Most elite athletes practiced several sports as kids before they specialized in one sport in late adolescence

Social pressure to develop kids into superstar athletes has led parents to believe that early sport specialization and more practice is beneficial for their children. While focusing intensely on one sport in an early age may give a temporary advantage to a child, it may sadly result in an increased risk for injury that ultimately may cause the child to miss time from playing or to quit. Additionally the idea that elite athletes started to specialize at a young age is a misconception. Studies show that most of them participated in multi sports in their early teens and only specialized in one sport in late adolescence.

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Our Medical Malpractice Attorneys Jeffrey Bloom and Ben Rubinowitz represented the family  of Joan Rivers after she died during a routine endoscopy at a Manhattan surgery center. Sadly many other patients have died following complications or surgical errors at this type of center as many States still do not have regulations that may prevent them. For example in most of the country there is no law that prohibits a doctor who was laid off by a hospital for misconduct to open a surgery center.

A recent USA TODAY NETWORK and Kaiser Health News investigation found that a surgery center in Arkansas 3 people died during colonoscopy procedures in 15 weeks and none of them were reported to an oversight authority. Patients coming for procedures were obviously not aware of these deaths either. This must change.

The lack of oversight continues to kill patients at surgery centers

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Opiod deaths in constructionConstruction workers have one of the highest risk of suffering from personal injury during their activity. According to the National Safety Council, more than 70,000 construction workers are injured every year in the US with back injuries and hand injuries being the most common. Nearly all construction workers will suffer at least one occupation related injury during their lifetime. Researchers also found that a construction worker that has a career longer than 45 years has a 75% risk of suffering a disabling injury.

Therefore it is not surprising that construction workers are being prescribed a lot of opioids to treat the pain caused by these injuries.

Usually workers receive compensation during the time that they are injured but it is often not enough to make up for lost pay. Therefore many injured construction workers are using opioids to get back to work faster.

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Motorized scooter can cause injuryOver the last months, personal injury lawyers have been receiving an increasing amount of calls regarding motorized scooter accidents. Scooter accidents involving pedestrians as well as single scooter crashes are on the rise in the US with new scooter rental companies setting up shop all over America.

In various cities, especially on the West Coast, companies like Bird and LimeBike are proposing dock-less motorized scooters that can be unlocked with a phone app for an initial fee of one dollar and a rate of 15 cents an hour. Motorized scooters can reach up to 15 miles an hour and are now a common feature in Santa Monica and Washington DC. Motorized scooters are growing in popularity and in many cities in the US they can be seen weaving through vehicular traffic or through pedestrian areas.  Over the last months, in cities where motorized scoooters are legal, personal injury lawyers have also been receiving an increased number of calls from pedestrians who have been hit by motorized scooters and from riders who injured themselves in single scooter crashes caused by a malfunctioning tires or brakes or by road hazards.

Emergency rooms doctors confirm that motorized scooters are leaving behind them a trail of injured riders and pedestrians. Doctors have seen an increased number of patients who suffered head, wrist, elbow and hip injuries after they got involved in a scooter accident. Riders are supposed to wear a helmet but most of them don’t. They are also often wearing earbuds which isolate them further from their surroundings.

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firearm injuries and childrenFirearm injuries are one of the leading causes of hospitalization for children and teenagers in the United States. A recent study by Bradley R. Herrin, Julie R. Gaither, John M. Leventhal and James Dodington compares hospitalization rates by age in urban settings (metropolitan counties of <50,000),  micropolitan settings (population 10,000-49,999) and rural settings (nonmetropolican nonmicropolitan counties of <10,000) . The searchers used the Kid’s Inpatient Database data from 2006, 2009 and 2012 to analyze 21,581 hospitalizations for firearm injuries. They excluded the children who died in the emergency room.

The study found that:

  • More than 77% of hospitalizations for pediatric firearm injuries were teenagers from 15 to 19 year old living in urban settings