As a construction worker, you already understand how complicated construction sites are, with everyone making efforts to complete their tasks. Unfortunately, even with compliance to the local, state, and federal safety standards, accidents happen. And one of the worst that can quickly turn tragic is a chemical accident.

Among the many chemical accidents is lead poisoning. Lead is an ever-present hazard in construction sites as it is found in paints, solvents, or even pipe components. If you suspect you’ve been exposed to lead, it’s time to seek immediate medical treatment and talk to Bronx personal injury lawyers to help you get compensated for any medical consequences brought by the exposure.

Unfortunately, you may suffer lead injuries without realizing it. But some of the early signs include constant headaches, aches and pains, feeling tired, constipation and stomach cramps.

What Steps Should I Take After Being Hurt in A Bronx Construction Site?

Lead exposure in the Bronx can cause devastating injuries. Some can be seen immediately, while others take time. Regardless, you have a right to a full and fair recovery. Once you discover you’ve suffered a lead-related injury on a Bronx construction site, you need to move swiftly and take action.

One of the reasons you need to act with speed is because you are more likely to gather all the necessary evidence for your case. Secondly, the faster you make a claim, the sooner you are likely to recover and actually avoid any further damage to your body system.

If you or a family member has been a victim of lead exposure on a New York construction site, you shouldn’t take the action alone. Instead, we advise you to seek the legal guidance and counsel of a qualified Bronx lead poisoning attorney. And at The Law Offices Of Thomas Lavin, we understand the heartbreaking effects of lead exposure on people.

What Are the Problems Caused by Lead Poisoning?

Lead poisoning can have long-lasting effects on the human body. As it builds up, the person may experience various symptoms, including kidney disease, cancer, heart disease, and neurotoxicity.

If you ingest or breath in the lead, you may exhibit some of these symptoms:

• Liver and kidney failure
• Chronic headaches
• Memory loss
• Hypertension
• Impotence
• Joint and muscle pain
• Issues with the central nervous system
• High blood pressure
• Miscarriage, premature births, stillbirths
• Mood disorders
• Abdominal pain
• Death is also a likely injury associated with lead exposure.

Sources of Lead Poisoning in Construction Sites

During demolitions, renovation and cleanup, lead particles are likely to be released. Welding metal alloys with lead can shed some of these particles, contaminating the welder. Demolition crews and painters are at the top of the list likely to suffer lead poisoning. But anyone involved in scraping, grinding, and blasting lead-painted structures could also be exposed to these injuries.

Lead smelters, iron, and steel production plants, and battery manufacturers are all areas likely to be contaminated with lead in the air, water and ground. If you or a loved one is showing signs of lead poisoning, take action and speak to a lead poisoning attorney in the Bronx. You deserve compensation.

What Mistakes Should I Avoid Making After the Lead Exposure Accident?

One of the top mistakes people who have suffered a construction work injury in New York or the Bronx is not speaking with an experienced Bronx personal injury lawyer. Your attorney is there to help you avoid making any mistakes that can deny you compensation.

Some of the mistakes to avoid include:

• Listening to an Employer’s Advice
  Your employer will do whatever is necessary to reduce the amount owed in compensation. They may even suggest certain doctors who can treat you “cheaply.” While some employers or even colleagues may give genuine advice, you can’t be sure if the advice is in your best interests. Talk to an experienced Bronx lead poisoning lawyer who has dealt with such cases and can offer you the best advice.
• Not Reporting an Injury
  The fear of employer retaliation may prevent some workers from reporting a workplace injury. But whatever the reason for not reporting, skipping this step prevents any effort to make the workplace safe and jeopardizes your recovery journey.
• Not Following On Medical Treatment
  Make sure you keep all your medical appointments and follow your doctor’s plan. Follow exactly what your doctor says as this is a rather sensitive kind of injury.
• Not Filing a Worker’s Compensation
  New York workers are entitled to worker’s compensation benefits for medical costs and lost wages. Your employer can’t retaliate because it’s illegal. Your lead poisoning attorney in New York can help your file this claim.
• Accepting A Settlement Without Any Legal Help
  Insurance companies have this habit of shortchanging accident victims with cleverly looking settlements that look enticing but are not in your best interests. You are entitled to past, current, and future damages.

Who Will Be Held Responsible for Lead Poisoning in A New York Construction Site?

Workers are barred from suing their employers but can sue other third parties for lead poisoning in New York.

• Site Owners
  Their job is to provide adequate handwashing points, break rooms, clean eating areas, and shower rooms
• General Contractors
  These include site managers who should offer protective gear, test the air for lead, ensure regular testing, and remove any worker from the site if they have above 40 mcg/dL of lead in their blood
• Subcontractors
  Workers suspected to be exposed to lead poisoning should be examined by a medical professional for blood tests. If this is not done, the third party may be liable.
• Product Manufacturers
  A manufacturer of a defective protective gear like clothing or respirator

Is There a Deadline for Filing a Lead Exposure Lawsuit In New York?

The statute of limitations in New York for such cases is three years from the date the injury was discovered or should have reasonably been discovered.

Aggressive Legal Professionals Fighting for The Injured in The Bronx

Many chemicals found on construction sites are strictly regulated. And some of these chemicals have extremely adverse effects as they continue to build up in the body. If a worker is exposed to lead, the negligent parties can be held liable for their negligence.

An experienced and compassionate New York personal injury attorney can fight for your compensation. More specifically, you need an attorney with the experience to prosecute lead poisoning cases. At our law firm, we have a 30-year record of success and therefore understand the challenges and concerns families face in such instances. Talk to us today and let us help you get the fair compensation you deserve.

It’s pretty easy to figure out who is at fault when you slip on a freshly mopped, but unlabeled, floor at the grocery store. But determining fault for a premises liability case becomes a little trickier when what you’ve tripped over is an uneven sidewalk.

Before you go worrying about who is at fault, it’s important to take a few steps immediately following your accident. After medical needs are taken care of, determining who is at fault will depend upon where it was that your accident took place. Afterward, the defendant will try to prove that you share some of the fault for the accident. Thankfully, New York is a pure comparative negligence state. More on that in a moment.

What Should You Do If You Trip On an Uneven Sidewalk in New York?

The most important thing to do after suffering from a slip and fall accident is to seek medical attention. If you are seriously injured, call 911. If you are able to get yourself to the hospital then this can be a more budget-friendly approach.

This step is important because it gives you professional and official documentation of your injuries. You have no case if you weren’t injured in some form, so seeing a doctor quickly allows you to get documentation of the injury right away.

Next, go back to the scene and take photos of the area. If you were with a friend or family member, it’s a smart idea to have them photograph the scene immediately while you get help. If possible, they could also ask around to see if there were any witnesses to the accident that you can contact at a later date.

When taking photos of the scene, focus on the exact location where the accident took place and how it relates to the buildings nearby. Make sure to also take photos of the uneven part that you tripped on, as well as the general conditions of the street at that time. Finally, take lots of photos of the injuries you sustained; it is even a good idea to keep a photo log of how they heal. All of this will give you more evidence to build a case on.

Who Is Responsible for Maintaining the Sidewalk in New York?

The responsibility of sidewalk maintenance will typically fall on the owner of the property that the sidewalk is connected to, as set out in New York City Administrative Code 7-210.. In cases where the sidewalk is in front of a multi-unit building then it will be the responsibility of the owner of the building, rather than the residents of the building.

However, this isn’t always the case. For example, if the sidewalk you tripped on was in front of a one, two, or three-family home then the responsibility will not fall on them. Note, though, that a three-family home must be used as a place of private residence for the owner to not be responsible for the upkeep of the sidewalk out front.

It used to be that the city itself was responsible in these situations but that changed in 2003 when it shifted sidewalk maintenance responsibilities to the property owners. But there are still some circumstances where the duty of upkeep falls to the city.

If the sidewalk is on a public property or a public area, and if the sidewalk therein fails to be maintained to city standards, then the city could be at fault. The city is also responsible for maintaining safe walking areas near construction zones; a failure to properly mark the construction and leave notices can also make the city liable.

If you are looking to sue the city for damages then it is important to realize that you will have a much tighter schedule to work with. You’ll only have a small window of time to make the city aware of the accident; a failure to inform in time will leave you unable to pursue legal action for your trip and fall.

How Does Pure Comparative Negligence Affect the Outcome of My Slip and Fall Case?

Regardless of who is at fault, chances are high that they are going to attempt to defend themselves against your claims so that they won’t have to pay you any damages. Unfortunately, slip and fall cases of this nature can be quite difficult to win 100%. After all, there are many factors at play when it comes to tripping outside.

For example, the property owner may try to show the court that you were distracted by your cell phone and it was this inattention that led you to trip and fall on the uneven sidewalk on their premises. Or, another tactic, might be to show that it was a particularly windy day and it was this weather condition that was ultimately responsible for your fall.

It might be disappointing to hear this but in many slip and fall cases, it is true that there are multiple factors that work together to cause the accident. It is also common that the courts will agree with this assessment.

Thankfully, New York is a pure comparative negligence state and so you don’t need to show that the blame is exclusively that of the property owner. Instead, the damages you would be awarded will be reduced based on the percentage of blame you shared for the accident. So if the fault was 20% that you were looking at your cell phone but 80% the uneven sidewalk, then you would be awarded 80% of the damages.

What Should I Do If I Slip and Fell On a Sidewalk in New York?

First, follow the advice above for what to do immediately after tripping on an uneven sidewalk. Afterward, contact The Law Office of Thomas Lavin and speak with us. We’ll be able to see if you have grounds for a lawsuit and we’ll help you work through all of the steps necessary for you to get the damages you deserve.

Many tenants know that their landlords ought to keep them in premises that are safe, livable, and in no need of repairs. But most get confused when their lease or rental agreements read otherwise or when a manager, worker, repairers, contractor, or employee acts on the landlord’s behalf.

Tenants of absent, unconcerned, and unresponsive landlords have sustained injuries that have cost them a lot of time and resources to recover. Damages can be recovered from the landlord if personal injury lawyers in the Bronx represent you.

What Unsafe Conditions Can Warrant a Suit Against My Landlord?

Landlords in New York are responsible for maintaining the safety of their rental properties. Unsafe conditions can injure a tenant, who can bring a liability suit against the landlord.

Some of the common conditions in these premises include:

• Cracks in the sidewalk or driveway
• Broken steps on stairs
• Icy conditions
• Faulty handrails
• Poorly lit stairwells
• Slippery or wet floors

Remember that the unsafe condition has to be the sole reason you sustained the injuries for the landlord to be held liable. The injuries need to be serious and lead you to incur accrued or financial damage. You must also prove that the accident would have been avoided if the landlord had exercised their duty.

Are Dog Bites the Landlord’s Liability in New York?

Dog owners are essentially judgment-proof and have no insurance to compensate victims if their dogs bite other people in a rental property. If a neighbor’s dog bites you in New York, Bronx premises liability attorneys can help you explore the chances of getting compensation from the rental property owner.

It is worth noting that, the presence of a vicious dog in the rental property is a dangerous condition, similar to faulty handrails and poorly lit stairwells. Liability might fall on the landlord if he/she had been aware of the danger and failed to take action to remove or confine the dog.

Vicious dogs have propensities that can be remedied before they cause further harm. An example is when a landlord is notified of a bulldog biting another dog on the property. If he doesn’t act until the same bulldog bites a tenant, they can be considered negligent and, thus, liable for the tenant’s injuries.

What Happens When the Landlord Was Not Aware of the Danger?

A landlord cannot use his/her lack of knowledge on the dangerous conditions on the premises as a defense. They are required to carry out reasonable periodic inspections of the common areas of the property. And when a tenant vacates, he/she ought to inspect the vacant housing unit to look out for unsafe conditions.

As they inspect the premises, the landlord ought to take precautions to prevent injuries, and repair known faults, or those he/she ought to have known. If they have actual knowledge of concerns in already occupied premises, they must act in the shortest time possible.

How Long Should Landlords Take to Fix Unsafe Conditions?

There is no requirement for landlords to fix an unsafe condition as soon as they discover it, or as soon as they are notified. However, reasonable wear and tear need to have been done within a reasonable time frame. But as soon as they become aware, the landlord needs to have adequately warned the tenants of the condition to avoid injuries.

If you feel like the landlord took too long to carry out the repairs or failed to put proper warnings of the impending danger, you can sue them for damages. A year, for instance, would be too long for tenants to stay in an unsafe environment. A premises liability attorney in the Bronx can help you evaluate the reasonability of the time taken for repairs.

What Damages Can One Recover from a Liable Landlord?

You could get compensation if a landlord’s negligence resulted in the significant injuries you sustained in New York. Bronx premises liability attorneys can put together evidence to demonstrate that the liable party failed on their duty to keep you safe. You can receive damages for:

• Personal property damage
• Emotional distress
• Disfigurement or disability
• Suffering and pain
• Lost wages
• Medical bills
• Future damages, punitive damages, and treble damages depending on the case

However, to get these damages, you must file your case within the required time limit. Waiting past three years to file might be unfruitful because the law will have locked you from seeking damages. It is safer to begin the process as soon as it happens to give room for thorough investigations and case filing.

What Happens When the Landlord has Liability Insurance?

Some mortgage providers require landlords to insure the properties, and others get insurance even when they are not repaying any loan. Landlords insurance covers liability related to the property, and protects the rental property owner from digging into their pockets when they are found at fault.

Notably, the insurance company will not compensate the victim without a good fight. Besides, the coverage allows them to hire an attorney to represent the landlord in court. So, make sure that you are also represented by seasoned Bronx premises liability attorneys.

If your New York personal injury case is stronger than their defense, the insurance company might compensate you up to the limit of the landlord’s policy. Only an attorney that understands New York liability laws can align your case correctly and get you compensation for all your injuries.

Lawyers Advocating for Clients’ Rights to Fair Compensation

Injuries sustained in unsafe premises are expensive to treat, not forgetting the days you will miss work to nurse the injuries. If a negligent landlord can compensate you, the burden will be less-weighty on you and your family. But most won’t willingly compensate you, until you fight for it in court and the judge awards it to you.

A winning case needs putting pieces of evidence together and experience in legal representation. The attorneys at the Law Offices of Thomas Lavin can do just that, to ensure that you recover compensation, and we will never settle for less. Get in touch today to begin your journey to compensation.

One of the most painful experiences in life is losing a loved one in an incident that could have been avoided. Justice ensures that survivors of these victims get financial compensation for the death that shouldn’t have occurred.

The laws regarding wrongful death in New York are quite different from what is followed in many other states. It is a bit more complex with regards to who can file and who cannot. Personal injury lawyers in the Bronx can guide you at every step and advocate for your rights.

Can Any Family Member File a Wrongful Death Claim?

It isn’t a must for a family member to file a wrongful death claim in New York State. The law mandates the executor or the personal representative of the deceased to take the course to court. But note that the executor or personal representative can be a family member of the victim.

So, if you are having conflict on who should file the case, Bronx wrongful death attorneys can help you solve the issue lawfully. The case can be challenged if the wrong person files, and such mistakes can prolong the lawsuit, and cost more money.

Even though family members aren’t required to file a lawsuit, they can benefit from a successful case. Some of the people that can receive damages include:

• Spouse of the deceased
• Parents of the deceased
• Children of the deceased
• Siblings of the deceased in some cases
• Cousins of the deceased in some cases

What Proof is Needed for a Wrongful Death Case to be Won?

Just like all other cases, evidence is necessary for you to win a case. Judges and juries make decisions based on proof brought by the petitioner. So, putting together the right pieces of evidence is instrumental in you getting the compensation that the deceased’s family deserves. An attorney can help you gather proof showing that:

• The victim of the incident died
• The beneficiaries or the estate suffered damages
• At least one devisee, dependent, beneficiary, or heir is alive
• Had the victim survived, he/she would have a legal claim against the negligent defendant
• The death resulted from intentional acts like crimes, medical malpractice, or negligence-based acts such as car accidents

What Damages Can One Recover for Wrongful Death in New York?

You can receive the damages for losing your loved one with the help of a Bronx wrongful death attorney. The kinds of damages you will get depend on the specifics of the incident leading to the victim’s death.

But the common losses that people get damages for, include:

• Interest on the compensation, calculated from the date the victim dies
• Conscious pain and suffering suffered by the victim due to their final illness or injuries
• Survivors’ lost inheritance
• The value of parental guidance, care, and nurturing missed by the surviving children
• The value of services and support the deceased would have given his family
• The financial support the deceased’s family would have received
• Reasonable healthcare expenses accumulated from the deceased’s final illness or injury
• Funeral and burial expenses

Remember, you cannot recover compensation for your own pain and suffering, loss of companionship, or mental anguish in New York State. Consult with wrongful death lawyers in the Bronx if you want to know the specific damages applicable for your wrongful death case.

How is the Compensation for Wrongful Death Distributed?

After the battle has been fought aggressively and won in court, just compensation will be awarded. However, knowing how it should be distributed can eliminate unnecessary conflicts among family members of the victim.

• Spouse and No Children. The whole amount is given to the spouse with no children.
• A Spouse and Children. If the victim receives $450,000 and has four children, the spouse gets$50,000, and the children get $50,000 each.
• Children and No Spouse. The sons and daughters ought to be split the compensation equally amongst themselves.
• One or Both Parents, No Spouse, No Children. The whole amount is given to the surviving parent or parents.
• The Parents’ Children and No Spouse, Parent, or Children. The compensation is divided equally among the parents’ children.

When there are children of different generations, priority will be given to those that are closest to the victim. And if one of them is already deceased, the person’s children will get their share distributed equally.

When is the Last Day to Present the Claim in Court?

Similar to personal injury cases where the victim survives, wrongful death cases also have a statute of limitations. Two years since the day the victim dies, the executor might not be able to file the lawsuit in New York State court.

However, here are a few exceptions to this time limit:

• Medical Malpractice. Wrongful deaths related to medical malpractice in New York State have two and a half years to file. Counting begins on the date that the victim breaths their last.
• Other Pending Criminal Case. Apart from the wrongful death claim, the negligent party might have another pending case related to the events leading to the incident. In such cases, you need to file before a year lapses from the day the other criminal case ends.

It would be unfair to let the deadline pass before you bring a lawsuit to court. Besides, a case would have a better defense, if your attorney and their team get adequate time to prepare. So, the earlier you speak to a specialized legal expert, the higher the chances of getting full compensation.

Elite and Aggressive Legal Professionals in the Bronx

Losing someone is devastating enough, and navigating the court system alone is the last thing you need. New York State has specific requirements for filing, and mistakes can cost you both time and money. The help of a Bronx personal injury attorney can lessen your burden and accelerate how fast you get justice.

At The Law Offices Of Thomas Lavin, we never settle for less compensation than our clients deserve. And the earlier you explore legal options, the more alternatives you might have. Talk to us to discuss the wrongful death case in the Bronx.

Discrimination is a serious issue that affects many across the nation. Whether you are concerned about being treated differently by an employer after filing a worker’s comp claim or you have been offered an unfair settlement amount and believe you may have been discriminated against, Attorney Thomas Lavin explains how discrimination may affect your personal injury claim – and what you can do to fight back.

Can My Employer Discriminate Against Me After a Workers’ Comp Claim?

According to N.Y. Work. Comp. Law § 120, it is unlawful for any employer to fire or “in any other manner discriminate against an employee as to his or her employment because such employee has claimed or attempted to claim compensation from such employer, requested a claim form for injuries received in the course of employment, or claimed or attempted to claim any benefits provided under this chapter or because he or she has testified or is about to testify in a proceeding under this chapter and no other valid reason is shown to exist for such action by the employer.”

While you can be fired for other reasons (such as the employer needs to fill your position because you are unable to work for six months), the law forbids an employer from firing you or discriminating against you just because you filed for worker’s compensation. Employees have up to two years to report the discriminatory incident and any employer deemed to be in violation of section 120 may be fined from $100 to $500 dollars.

Does Discrimination Count as Emotional Distress on a Lawsuit?

Title VII of the Civil Rights Act of 1964 prohibits discrimination prohibits employers from engaging in discriminatory acts in any circumstance of employment – hiring, promoting, firing and any other situations pertaining to an employee. A worker cannot be discriminated against or treated differently based on their race, gender, color, religion, pregnancy or national origin. In addition, as mentioned above, Worker’s Compensation laws prevent employers from discriminating against employees just because they have filed a claim.

Individuals who feel they have been discriminated against by their employers may seek compensation for emotional distress as part of their employer discrimination lawsuit under Title VII. If you decide to take this route, be prepared to support your claim by presenting enough evidence to prove that the discriminatory acts of your employer have caused emotional harm such as depression, anxiety, mental anguish or reputational harm, for example. The evidence required may include medical records and witness testimonies. Title VII limits the amount you may be eligible to recover for emotional damages at $300,000.00, but your personal injury attorney may be able to file suit under a different set of federal, state or local laws that have no settlement cap for emotional damages.

Can My Race And Gender Affect the Size of My Settlement?

Unfortunately, in some instances, injured victims are offered extremely low and inadequate settlement offers. While it is common practice for insurance companies to offer anyone a low settlement in an attempt to quickly dismiss a claim while incurring the lowest cost possible, some personal injury claimants may have reasons to believe their race and/or gender may have played a role in the size of their proposed settlement.

Forensic economists play a major role in determining the amount a personal injury victim may receive. They calculate the potential income a victim could have made if they had not been injured. Historically, women and persons of color have received significantly lower wages than other segments of the population. When a forensic economist relies on those statistics, the result is that an individual may end up receiving less compensation in a personal injury case simply due to the fact of belonging to a minority and based on what they are likely to earn.

What Should I Do If I Believe Discrimination is Affecting My Personal Injury Claim?

If you believe you have been a victim of discrimination either in an employment setting or during the process of receiving a personal injury settlement offer, consider speaking to a skilled discrimination attorney to learn the best course of action for your case. If you are dealing with an insurance company that offered an inadequate settlement amount, the most important thing to be aware of is that you are not obliged to accept their low settlement offer, regardless of what they may say to pressure you into taking their offer.

If you are a victim of any type of workplace discrimination, it is in your best interest to collect as much evidence as possible to prove that you are being discriminated against as well as to document the extent to which the discriminatory acts are affecting you, both economically and emotionally. It may be beneficial to show that you have tried to help yourself and worked with your employer to try and resolve the situation, and sought medical attention to try and remedy the psychological effects of the discrimination, but haven’t been able to reach a positive outcome.

The Law Offices of Thomas Lavin have helped many clients fight back after being discriminated against in New York. We understand how upsetting and overwhelming it might feel to be dealing with discrimination when you are injured or when you are simply trying to earn a living. We have the knowledge and expertise necessary to help bring justice to discrimination victims and to maximize the chances that they will receive a fair, equitable settlement offer for their claim. Contact us for a free consultation to learn your options.