On Behalf of Simon & Gilman, LLP | Nov 8, 2021 | Construction Accidents |
While you enjoy working in construction, you understand you work around certain risks. Many construction workers use scaffolding to perform job duties. How do you stay safe when working up high?
The National Center for Construction Education & Research explores scaffolding safety tips. Keep yourself safe, and understand when your employer may drop the ball.
Common issues with scaffolding
A good way to protect yourself while working on scaffolding is to understand its risks. Construction companies should ensure they do not put too much weight on scaffolding. The elements cause wear and tear, so scaffolding should be well-maintained. Your employer should also perform thorough structure inspections.
OSHA standards
Construction companies must also follow current OSHA scaffolding regulations. Safety procedures include letters of interpretation, directives, training and potential solutions. Directives help ensure construction workers follow safety standards and conduct proper scaffolding inspections. Scaffolding material should support its own weight and at least four times the total intended load transferred or used.
Does your employer use OSHA’s Construction Packet Guide? It describes solutions and risks associated with commonly cited construction safety standards.
Staying safe
Your employer should ensure you receive proper training before letting you work on scaffolding. Instructors must have the right credentials and experience to teach others. Instructors ensure employees understand load limits and how to handle specific materials. The discovery of additional hazards may require retraining. Also, someone should always inspect scaffolding before workers use it.
Construction companies must keep workers safe. If construction accidents happen, getting the facts on scaffolding safety may help protect employee rights and your right to compensation.
How does drowsiness contribute to a crash?
On Behalf of Simon & Gilman, LLP | Oct 22, 2021 | Motor Vehicle Accidents |
In this day and age, drivers who text behind the wheel get almost as much flack as intoxicated drivers, and for good reason. But did you know that texting while driving is not the only extremely risky and common distracted driving behavior of the day?
Drowsy driving is another common and equally dangerous distracted driving behavior that can greatly increase the chance of getting into a serious or even fatal crash.
Drowsiness shares similarities with intoxication
The Sleep Foundation discusses how drowsiness contributes to crashes. Specifically, drowsy driving can increase the chance of a driver getting into a serious or fatal crash and increases the potential of involvement from other vehicles, cyclists or pedestrians in the area.
Drowsy driving shares similarities with intoxicated driving and texting while driving. In specific, drowsy drivers often struggle with concentration and cannot focus. They have slowed reflexes and do not react to unexpected dangers in their surroundings quickly or smartly. It is also hard for drowsy drivers to predict the behaviors of drivers around them or notice potentially risky changes in their environments.
Experiencing microsleep
On top of that, drowsiness can culminate in falling asleep at the wheel or micro-sleeping. Microsleeping involves falling asleep for very short periods of time, usually only a few seconds. But if a driver is on the freeway when this occurs, they still travel the distance of a football field every three seconds. This can easily lead to cars careening off the road, drifting into other lanes, or even crossing a meridian into oncoming traffic.
Any of these reasons can create or lead to a crash, and a potentially fatal one at that.
What are common spinal cord injury symptoms?
On Behalf of Simon & Gilman, LLP | Oct 11, 2021 | Slip, Trip And Fall |
After falling in a New York store, you want to know the extent of your injuries. Could the aches and pains you feel in your back indicate a spinal cord injury?
Mayo Clinic explores common spinal cord injury symptoms. Let medical professionals help build your slip-and-fall case and protect your legal rights.
Injury severity and location
Where you hurt your spine and the injury’s severity determine your ability to control your limbs. Patients experience complete severity if they cannot control or feel their limbs below the spinal cord. If they have some feeling or control below the injured area, they have incomplete severity symptoms.
Common symptoms
Common spinal cord injury symptoms include trouble breathing, loss of movement and severe stinging sensation. A person may also lose the ability to feel heat or cold and lose bladder and bowel control. Patients may notice shifts in sexual sensitivity and function.
Emergency symptoms
Depending on symptom severity, you could need emergency care. Emergency symptoms include difficulty breathing, severe neck pressure, trouble maintaining balance and paralysis. Losing feelings or experiencing tingling in your extremities could also require emergency care.
Even if you do not think you have emergency spinal cord symptoms, consider seeing a doctor sooner rather than later. Patients do not always realize when they have a serious spinal cord injury, and they may experience incremental paralysis. How long you wait to receive treatment after sustaining a spinal cord injury also affects your recovery.
You cannot afford to take chances with your spine’s help. Recognizing spinal cord injury signs helps you recover damages from the at-fault party.
How do helmets help with crash injuries?
On Behalf of Simon & Gilman, LLP | Oct 1, 2021 | Motor Vehicle Accidents |
Motorcyclists will almost always face a higher chance of injury – especially serious or lethal injury – when involved in a crash with other vehicles. This is especially true when it comes to injuries of the head, neck and brain.
Fortunately, helmets provide a reduction to some of the worst of these injuries. But how exactly do helmets make this possible?
How helmets protect the skull
The National Library of Medicine examines the way helmets provide protection to the skull and brain. They essentially act as an exoskeleton for the skull, creating an external layer of protection through padding and plastic that helmet-makers place strategically to maximize protection. In theory, when the helmet takes a blow, it will absorb as much of the force as possible, reducing the strain placed on the actual skull.
In practice, helmets still have room left for improvement. For example, while helmets can reduce skull fractures by up to 71 percent, they also reduce intracranial hemorrhaging by a comparatively low 53 percent. This shows that while some damage certainly ends up absorbed by the helmet as intended, other injuries can still occur.
The importance of the right helmet
However, a reduction in the chance of getting injured serves a purpose no matter what the percentage. Even 53 percent is better than no protection at all. On top of that, even if a helmet does not prevent injury entirely, it will almost always help reduce the severity of the injury.
It is important for motorcyclists to get the proper helmet, though. Only a well-fitted helmet worn properly can reach its fully maximized potential and protect riders to the best of its ability.
Can footage from dashcams be used in court?
On Behalf of Simon & Gilman, LLP | Sep 25, 2021 | Motor Vehicle Accidents |
You are probably familiar with at least one instance of a crime, accident or some other altercation caught on camera. This is happening with increasing frequency due to the widespread use of personal recording equipment.
If you have been in an accident and are planning on seeking compensation for damages, you may be wondering if footage caught on a dashboard camera or cell phone can assist you with your claim.
How can video help?
New York is notorious for busy streets, crowded sidewalks and rushing pedestrians. This combination can be hazardous and may even cause collisions and falls. How do you prove what really happened in these situations?
Dashboard cameras, or dashcams, are often useful for proving liability in car accidents. These recordings usually include time stamps and sound, offering many details of the incident in question. You can also use this type of footage to contest a traffic ticket if you believe you are innocent of the charge.
Mountable action cameras, which are often used by cyclists and bikers and attached to their helmets, can also provide useful recordings in traffic and accident cases.
Is this admissible evidence?
This video proof is almost always admissible. Whether the recorded by a cell phone, dashcam, or action camera, chances are high that there is valuable evidence of what occurred on the footage.
Regardless of what type of accident you have been in or what type of injury you have sustained, recorded video of the incident may make the difference between winning and losing your court case.
What to do after a hit and run
On Behalf of Simon & Gilman, LLP | Sep 15, 2021 | Personal Injury |
A hit and run accident can leave victims feeling as if there is no one who can compensate them. In the aftermath of this type of accident, one person’s negligence and criminal wrongdoing can have a devastating impact on a person’s health and finances. Without being able to identify who is responsible, there is likely to be some uncertainty about where help can come from.
It may be possible to initiate a claim with one’s own insurance carrier or an alternative benefits provider. Here are ways that you may be able to get help after a hit and run accident.
Uninsured motorist coverage
Having an auto policy that covers accidents when the other driver does not have insurance or is not adequately insured can prove to be invaluable. The cost of uninsured/underinsured motorist coverage is relatively affordable. Adding this key benefit onto a policy is well worth its potential utility.
Accident indemnification benefits
New York’s Motor Vehicle Accident Indemnification Corporation provides compensation to accident victims who do not have insurance because they do not own a car. Both drivers and pedestrians can make a claim with the MVAIC. If the accident meets certain threshold criteria, claimants may be eligible to receive no-fault benefits to pay for medical costs or other expenses. It is essential that claimants file for benefits before the time limit to do so expires.
Ultimately, it is important to act quickly after a hit and run accident. You may have remedies available to you that could make the process of recovering from an injury more manageable.
Statistics on large truck and bus crashes
On Behalf of Simon & Gilman, LLP | Sep 10, 2021 | Motor Vehicle Accidents |
You need to look out for many hazards on the road, from drunk drivers to bad weather. However, accidents involving large trucks and buses are especially dangerous. Sadly, due to the size of these vehicles and other factors (such as difficulty bringing a large truck to a stop), those involved in large truck and bus crashes sometimes lose their lives or sustain major injuries.
It is helpful to take a look at statistics on accidents involving large trucks and buses in order to recognize how prevalent these collisions are.
The prevalence of large truck and bus collisions
The Federal Motor Carrier Safety Administration reports that between 2016 and 2018, large truck and bus accidents resulting in injuries increased by 8%, with 121,000 such accidents taking place in 2018. In 2015, 97,000 large truck and bus accidents resulted in injuries.
When it comes to fatal accidents, more than 5,000 deadly crashes involved large trucks and buses during 2018. This figure also represents a significant increase in comparison to previous years. During 2009, 3,432 fatal large truck and bus crashes took place.
Factors that contribute to large truck and bus accidents
Traffic accidents involving large trucks and buses occur for a host of reasons. Sometimes, drivers operating these large vehicles are drowsy as a result of working for too long. Other risk factors include the use of alcohol or drugs, distractions and aggressive driving. If a negligent truck or bus driver caused an accident that left you injured, you need to take a careful look at resources that could help you recover from the crash.
What are concurrent benefits?
On Behalf of Simon & Gilman, LLP | Aug 27, 2021 | Firm News |
Navigating the government’s entitlement programs can be a complex business. If you have worked for several years and sustained an injury that is debilitating, you may be eligible for SSDI or Social Security Disability Insurance.
However, there is another benefits program that assists disabled Americans. This program is SSI or Supplemental Security Income. According to the AARP, in certain situations, you may be eligible for “concurrent benefits,” which is when the government awards you both SSDI and SSI.
What is the difference between the two programs?
SSDI will give you money regardless of your current financial situation. Everything depends on your work history. The longer your work history is and the more that you contributed to Social Security during your healthy work years, typically the bigger your monthly SSDI payment will be.
SSI, on the other hand, is a needs-based program. It does not consider your employment history at all; persons who have never worked a day in their lives may be eligible for SSI. However, it is possible to have “too high” of an income for SSI.
How can I get both?
Because SSI is a needs-based program, it is somewhat rare for a person who gets SSDI to still have a low enough income for it. For instance, if you get SSDI benefits over $814 a month, you will not be eligible for SSI. If the government gives you less than this in SSDI, you are eligible for SSI but the amount will depend on how much SSDI you have. However, if you have a limited work history or a low-income one, it is possible for the government to award you both SSDI and SSI.
What are the dangers of nighttime driving?
On Behalf of Simon & Gilman, LLP | Aug 12, 2021 | Motor Vehicle Accidents |
Constantly changing conditions, such as the weather or the amount of traffic on the road, can affect your risk of a motor vehicle accident. There are specific hazards associated with driving at night.
With autumn comes the end of Daylight Savings Time. Fewer daylight hours mean that your daily commute is more likely to take place before sunrise or after sunset. The National Safety Council describes some of the specific dangers you might encounter while driving after dark.
Fatigue
Driver fatigue is responsible for approximately 100,000 crashes reported to authorities. Over one-third of all drivers admit to having fallen asleep at the wheel at some point in their lives, demonstrating that this is a common problem. Your own fatigue or another driver could cause an accident.
While there is little you can do about other drivers’ fatigue, you can control your own by getting at least seven hours of sleep per night and stopping to rest every two hours during a long drive. If you have been awake for at least 16 hours, refrain from driving at all until you have a chance to sleep.
Impaired drivers
Driving late at night increases the risk of encountering drivers impaired by alcohol or other substances. This is especially true on weekends between midnight and 3:00 a.m. These days, you are more likely to encounter a driver under the influence of drugs as these numbers have increased even as the number of drunk drivers has declined.
As with drowsy driving, there is little you can do about other drivers’ impairment. Therefore, you must stay sober and alert so you can react quickly to the erratic behavior of others.
Compromised night vision
As you get older, your ability to see well in low-light conditions decreases. Regular eye exams can identify any changes in your eye that might affect your driving. Minimizing distractions and reducing your speed can help compensate for compromised night vision.
It may not be possible to avoid driving in the dark during fall and winter. However, you can adapt your habits for improved safety.
On Behalf of Simon & Gilman, LLP | Jul 29, 2021 | Motor Vehicle Accidents |
Even the most minor fender bender is an annoyance. However, any variety of accidents, no matter how minor, quickly becomes a major headache if the other person involved in the accident decides to speed away from the scene.
Even though hit-and-run accidents are very frustrating, the good thing is that dealing with the aftermath of a hit-and-run is not terribly different than accidents of the “regular” variety. According to State Farm Insurance, you absolutely should not give chase after the culprit and you should try to get in contact with any eyewitnesses to the accident.
Stay put, stay safe
It may be tempting to hop in your own vehicle and drive off after the culprit, but under no circumstances should you do this. If eyewitnesses see two cars getting into an accident and then both cars speed off after each other, the witnesses will not be able to discern who is at fault.
Instead, engage in normal post-accident procedures. Move your car out of the path of traffic if it is possible and necessary. Call 911 if anybody in the area sustained an injury as a result of the accident. If not, phone the non-emergency police number to file a police report. This will assist you with insurance matters after the fact.
Asking eyewitnesses for help
Witnesses are useful in any accident scenario, but they are particularly important in hit-and-runs. Given that so many people have smartphones, it is possible that an astute eyewitness realized a hit-and-run was happening. It is possible that this eyewitness decided to take video or photo footage of the culprit as he or she drove away. If so, this will help the police locate the culprit.
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