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June 2016 Archives

Work with experienced advocate when navigating fact-finding process in litigation

In our previous post, we began looking at a bill that was recently struck down by New York lawmakers which would have extended the statute of limitations for medical malpractice patients. As we noted, the benefit of the bill for patients is that it would have leveled the playing field between patients and providers in terms of timing for filing a medical malpractice lawsuit.

Legislature again refuses to expand statute of limitations for medical malpractice claims

New York lawmakers have, for the second year in a row now, shut down a bill that would have given medical malpractice victims a larger window to bring claims to court. Lavern’s Law, as the measure was known, would have established a statute of limitations for medical malpractice claims which begins tolling when the patient learns of the error.

What do I do after a workplace injury? P.2

In our last post, we began discussing in general outline the claims process associated with workers’ compensation, putting particular emphasis on the need for injured workers to understand their obligations in the claims process to ensure they can claim the benefits to which they are entitled.

What do I do after a workplace injury?

In most cases, workers’ compensation is the sole remedy available to workers injured on the job. Given the importance of workers’ compensation benefits, it is important for injured workers to understand their obligations when they are injured so that they don’t miss out on critical benefits.

Obtaining workers' compensation for chronic job-related pain

In our last post, we continued our discussion of work-related chronic pain and the Medical Treatment Guidelines governing treatment of chronic pain. Different guidelines apply for different conditions, including: carpal tunnel syndrome; shoulder and knee injuries; mid and low back injuries; and shoulder injuries.

Obtaining workers' compensation for chronic job-related pain

In our last post, we began looking at the problem of opioid abuse in connection with workplace injury. The problem, of course, is not only seen among injured workers, but it is an issue that workers' compensation insurers are working to address, partially to cut costs and partially to ensure more effective treatments and better prevention for workers.  

Workplace injury: addressing the problem of opioid abuse for chronic pain

Opioid use and abuse has become an important issue in the United States, not only in the health care industry but also in the criminal justice system. The U.S. Department of Health and Human Services has declared an opioid epidemic, partly because of the great number of fatalities associated with opioid use. According to the Centers for Disease Prevention and Control, 78 Americans die every day due to opioid overdose.

Are Livery Cabs in NYC Worth It?

Sometimes being a trial lawyer requires you to question things . . . to test the validity of certain parts of the world we live in. The Trial Lawyers at Block O'Toole & Murphy are frequently weighing the value of services provided to consumers. A fatal Brooklyn crash involving a livery cab has triggered an analysis of their worth to society versus the dangers they present.

Construction Company Owner Indicted On Homicide Charges

As lawyers who fight for the rights of construction workers (BOM Attorneys), we have long been pointing to worker safety violations and characterizing them as "Civil Rights Issues.' Now a member of law enforcement is taking the rarely employed, but welcome, step of criminalizing a failure to provide appropriate safety devices to workers at a construction site. Indeed, he is charging the accused with a homicide.

Construction accident liability and third party litigation, P.2

Last time, we began discussing the possibilities available to workplace accident victims in terms of third party litigation. As we noted, there are a variety of parties that may be liable for a workplace accident, particularly on construction sites. Another possibility for obtaining compensation when there is a failure of equipment or an accident that occurs in connection with dangerous equipment is product liability litigation.

Construction accident liability and third party litigation, P.1

In our last post, we took a very brief look at the exclusive remedy doctrine as it applies to workers' compensation claims in the state of New York. As we noted, there are few circumstances in which a injured worker may be able to sue an employer for the employer's role in causing the injury. Two possibilities are failure to secure workers' compensation coverage and committing an intentional tort against a worker.