Posted by Powers & Santola, LLP | Construction & Workplace Accidents
The answer is that both set of rules apply. But, to understand how this affects safety practices on a New York construction site requires some basic information on just what the Industrial Code rules are. Long before OSHA became law, New York gave its Industrial Commissioner the power to create rules to promote safety practices …
Posted by Powers & Santola, LLP | Construction & Workplace Accidents
New York State is the only state that makes all those who are in control of construction projects, the owners and contractors they hire, personally responsible for unsafe construction practices which result in injury to workers. It does this through a set of laws found in Chapter 31, Article 10 — Building Construction, Demolition and …
Continue reading “Construction Accidents in New York State – The Scaffold Law”
Posted by Powers & Santola, LLP | Car Accidents
When the first major snow storm of the season hits Upstate New York, it is a good time to review what you can do to avoid getting into a car accident. This is true if you are new to the area, or even if you are a long-time resident who considers yourself to be a …
Continue reading “12 Tips for Driving in the Snow This Winter Season in Upstate NY”
Posted by Powers & Santola, LLP | Medical Malpractice & Errors
Traditionally, the plaintiff in a medical malpractice lawsuit must show that a medical professional’s negligence caused the person to suffer a specific injury. However, under another theory, a plaintiff can seek compensation if a doctor’s negligence diminished the plaintiff’s chance of survival. This is called the “loss of chance” doctrine. The doctrine often applies in …
Continue reading “What is the ‘Loss of Chance’ Doctrine in Medical Malpractice Cases?”
Posted by Powers & Santola, LLP | Construction & Workplace Accidents
The majority of injuries to workers on construction sites can be traced to inadequate safety provisions for construction workers. Employers are required to strictly adhere to workplace safety laws and can be fined by OSHA for violations, but even these penalties have not stopped injuries and fatal accidents from rising over the past few years. …
Continue reading “What Are the Main Causes of Construction Accidents in New York State?”
Posted by Powers & Santola, LLP | Car Accidents
Whiplash is one of the most common injuries individuals experience in car accidents. However, many people do not understand the condition, or know when to seek medical treatment for it. How long does it take to feel the effects of whiplash? While whiplash is sometimes a less-severe injury, it can often have very serious consequences. …
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Posted by Powers & Santola, LLP | Medical Malpractice & Errors
When a nurse gives someone the wrong drug, their mistake could severely jeopardize the patient’s health. While nurses have the demanding task of taking care of us when we’re sick or injured, we have the right to expect a high standard of care from them. Serious or fatal mistakes are never acceptable. Can I sue …
Continue reading “I Was Injured Because a Nurse Gave Me the Wrong Drug. Who Can I Sue?”
Can fault be determined by car accident damage? Damage to a vehicle can play an essential role in proving fault for an accident. However, it by itself usually isn’t enough to establish fault. Accident damage can tell investigators a vital part of a story, but it usually can’t tell the whole thing. If two drivers …
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Posted by Powers & Santola, LLP | Car Accidents
The aftermath of a car accident can be overwhelming, with many urgent and unexpected concerns suddenly emerging at once. One of the most important concerns is getting medical attention. How long do you have to go to the doctor after a car accident? Unfortunately, some accident victims either think they don’t need to see a …
Continue reading “How Long Do You Have to Go to the Doctor after a Car Accident?”
Posted by Powers & Santola, LLP | Car Accidents
New York is one of a handful of states nationwide that have “no-fault” insurance laws. This means that all drivers are required to purchase no-fault auto insurance, which includes Personal Injury Protection (PIP) coverage. If you are injured in a car accident in New York, your first resort for compensation must be your own insurance …
Continue reading “What Does No Fault Insurance in New York State Mean?”
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