Working in construction is an inherently dangerous job. Depending on your specific position, you might operate huge, heavy, powerful machinery. Lug enormous loads around. Spend your days hundreds of feet in the air. Perhaps all three.

The following are some of the most common causes of construction accidents in New York.

Watch Out for These Types of Accidents if You Work Construction

Falls – It doesn’t take more than a few feet to cause serious injuries, especially if a construction worker is not provided with the proper safety equipment, or lands a certain way. While some falls are caused by a simple misstep, construction workers should always be using the proper safety equipment, including harnesses and properly installed scaffolding, to prevent a long fall.

Falling Objects – Maybe you weren’t what fell. A falling object also brings risk of serious injury, even if the object is a smaller tool. On a grander scale, an entire building can fall and collapse on workers inside if proper care isn’t executed during a demolition. While hard hats and other safety gear can protect workers from some falling objects, heavier objects (and collapsed buildings) will still leave workers with serious injuries.

Other Equipment or Tool-Related Accidents – Maybe the guy working above you didn’t realize you were below him and shot a nail through your hand with a nail gun on you. Or maybe you were the one using the nail gun and it was defective.

Each piece of equipment you work with comes with risks. If you were allowed you to use a tool without being told about these risks, someone may be held liable for the damages that it caused to you. Job site owners and contractors may also be held liable if workers are provided with defective tools that have not been repaired or replaced.

Fires, Explosions, Respiratory Diseases – Not all dangers are visible to the human eye. Sometimes, an injury can result from a deadly mix of chemicals, or flammable substances in the air that catch on fire – we’ve all seen commercials for lawsuits over asbestos exposure.

There are so many dangerous chemicals that cause serious damage down the line. Whether a spark causes a fire in seconds, or lead poisoning leads to medical problems over decades, these chemicals, and their risks, should be made known to construction workers.

Overexertion – Sometimes, it just takes being outside for hours on end to cause an injury or illness. Repetitive motions like hammering or lifting heavy objects can cause strain on muscles or joint damage. Excess heat or cold can cause frostbite or heatstroke. Construction workers who work overtime are more susceptible to these injuries.

There are so many dangerous chemicals that cause serious damage down the line. Whether a spark causes a fire in seconds, or lead poisoning leads to medical problems over decades, these chemicals, and their risks, should be made known to construction workers.

Overexertion – Sometimes, it just takes being outside for hours on end to cause an injury or illness. Repetitive motions like hammering or lifting heavy objects can cause strain on muscles or joint damage. Excess heat or cold can cause frostbite or heatstroke. Construction workers who work overtime are more susceptible to these injuries.

Injured While Working In Construction?

Compared to other professions, though, they go wrong a lot – over 20% of all private industry worker deaths in 2015 involved construction. Clearly, a lot of these “accidents” aren’t just accidents.

Site owners and contractors have a duty to construction workers to keep them safe and aware of all of the risks of their job. If  you are put in a risky situation and you get hurt, you can may be able to hold them liable for the financial damages and pain and suffering that result from your injury.

Do not pay for someone else’s mistake. Contact a New York personal injury lawyer today to get started on your case.

No one wants to get into an accident in the middle of New York City. With so many people, cyclists, and property squeezed into every single block, accidents run the risk of injuring multiple people and racking up a lot of property damage.

Whether you’re driving, walking, or biking around the city, there are probably some areas where you feel more comfortable and some that make you nervous. Maybe you even avoid some streets or neighborhoods for fear of an accident. But do your fears match up with the statistics? Where are the most dangerous areas for getting into a car accident in New York?

Most Dangerous Areas in NYC Spread out Throughout City

TimeOut and the New York City data portal have recorded and organized the list of car accidents that have occurred in the first few months of 2017. The data shows that from January 1-April 3, New York has already seen over 53,000 accidents (600 per day) that have injured over 13,000 people and killed 11.

Some of the areas with the most accidents include:

• Hope (and the rest of the West Bronx)
• Hunts Point
• Flatlands and Central Brooklyn
• Briarwood
• DUMBO
• Kips Bay

Most of these areas have something in common: they’re along the highway. So be extra careful when you’re on or near the highway – especially in these specific areas.

What Should You Do After a Car Accident?

Even if you travel safely and avoid areas with high rates of auto accidents, simply going out puts you at risk for getting injured. Because of this, it is important that you understand what you should do if you do get hurt.

Most people have a fairly intuitive understanding of the basics, but remembering the following tips can go a long way towards helping your claim and making the entire process go more smoothly.

Gather Thorough Evidence: Immediately after the accident, check to make sure everyone is safe and seek medical attention if necessary. If no one needs to head to the emergency room, the real work begins.

Collect evidence and record as much as you can about the car accident, from the road conditions to the testimony and contact information of witnesses who saw the incident take place. Having a full account of the accident from multiple sources will help later on when you are talking to your insurance provider – and if you need to go to court.

Begin to Track Expenses: Car accidents can rack up more bills than just trips to the hospital. If a car accident leaves you unable to work or drive, you may be able to receive compensation for those damages. Begin to keep a log of this information to provide to insurers or in court.

Report the Accident Promptly: Legal matters come with deadlines, even if you are busy seeking medical attention. Report the accident to your insurance company immediately.  Delays may cause problems with getting your medical bills paid and lost wages reimbursed.

While your claim is being investigated, you may have to provide photos of your car (or bike or yourself), submit proof of medical attention or give other forms of evidence. This is where thorough documentation of the accident and its aftermath starts to pay off.

Remember That You Have Options after Negotiations

Accidents caused through the fault of others may entitle you to money damages for your pain and suffering and lost wages.

Want to learn more about receiving compensation after an auto accident? Talk to a New York personal injury lawyer.

About the Author:

Richard Bell is a personal injury lawyer serving the community in the five boroughs, Long Island and Westchester with offices in Manhattan and Queens. His extensive knowledge of personal injury (including construction accidents, medical malpractice, auto accidents and falldowns) has resulted in great success for many of his clients during the past 34 years. In addition to winning his clients millions of dollars from personal injury lawsuits, he has been awarded for his pro bono work and is passionate about educating citizens about voting rights.

Even after you have physically recovered from an injury, the bills and damages associated with medical costs may still hurt.

Damages from an injury aren’t always in the form of medical bills. If you are injured due to someone else’s behavior or actions, you may be able to receive compensation for damages that include the following:

• Medical bills
• Lost wages
• Pain and suffering
• Wrongful death monetary loss for spouse and children
• Loss of parental guidance from wrongful death

If you have recently been injured and have considered filing any of the following claims, you are not alone. Below are some of the most common personal injury claims in New York.

Types of Accidents and Injuries Caused by Negligence

Slip and Fall/Trip and Fall Cases. People are caused to fall all the time. Why bother taking someone to court over it? Because what you may not realize is that many slip and fall/trip and fall accidents result in incredibly serious injuries (including traumatic brain injuries).

If the incident occurred due to the negligence of someone else (e.g. the employee at a grocery store, or the maintenance crew at an apartment complex), then it should be treated like any other personal injury case. In short, you shouldn’t have to pay if others were negligent in causing the accident.

Motor Vehicle Bodily Injury Claims (accidents involving cars, trucks, public transportation, etc.). Injuries that occur due to vehicle accidents are widespread and can be quite severe. If you are hurt in an accident because the other driver was acting in a careless or negligent manner (or, in the case of truck accidents and public transportation if the organizations engaged in these types of behaviors), you can hold them accountable for their actions and file a lawsuit for money compensation.

Medical Malpractice. There are few people we put more trust in than the medical professionals who treat us in hospitals, emergency rooms and doctors’ offices. Quite literally, they can be the difference between someone living and dying. It is a huge responsibility which is why they have to go through such extensive training.

Unfortunately, sometimes health professionals make mistakes that they shouldn’t make by violating medically accepted standards of care that cause harm. If this happens to you and you end up suffering further injury, illness or death, you may be the victim of medical malpractice. Common forms of medical malpractice include misdiagnosis or surgical mistakes.

Construction Accidents. Construction workers are often the victims of some of the most horrific workplace accidents in New York City.  Few know that they have special protections under the law especially when they are caused to fall from a height (e.g. from a scaffold or ladder).  Building owners or general contractors related to the site construction may be held liable in many circumstances.  A lawyer experienced in construction accident cases can advise you of your rights in these cases.

Police Brutality. Between 2006 and 2011, settlements from police brutality lawsuits cost New Yorkers $348 million. Police brutality can range from unlawful arrests to unlawful deaths. An officer who violates the law and injures an innocent civilian may be held responsible if the victim decides to step forward and ask for money compensation.

Contacting a personal injury lawyer can help you navigate these claims and provide you with the best chance to win your claim case and get the money compensation that you deserve.

About the Author:

Richard Bell is a personal injury lawyer serving the community in the five boroughs, Long Island and Westchester with offices in Manhattan and Queens. His extensive knowledge of personal injury (including construction accidents,  medical malpractice, auto accidents and falldowns) has resulted in great success for many of his clients during the past 34 years. In addition to winning his clients millions of dollars from personal injury lawsuits, he has been awarded for his pro bono work and is passionate about educating citizens about voting rights.

Dear Friends:

I spent the  weekend before election day and election day outside polling sites in Broward County, Florida on behalf of the Clinton campaign in my role as a volunteer lawyer poll observer.  My job was to observe, resolve and report voting issues that could lead to disenfranchisement of voters (disproportionately, as always, African-American and Latino voters).  I’ll share more about my Florida experiences a bit later in this blog post.

We may share the same feelings of shock and devastation at the defeat of Hillary Clinton.  I feel both shame and disappointment for the country I love so much.  The majority of the electoral college vote (popular vote totals aside), whether out of frustration or anger, chose hate, fear, racism, xenophobia, anti-Semitism, misogyny, anti-immigrant fervor and bullying over our core values of equality, justice, fairness, diversity and generosity.  The seismic shock waves of this election will likely be felt for years to come by our fellow Americans and the world at large.

It is heartbreaking to imagine the nightmares that now may be realized by some of our most vulnerable neighbors.  Will the ignorant bullies at school feel even more emboldened to intimidate the little Muslim-American girl whose perceived threat to them is her different religion and culture?  Will the little Mexican-American boy whose parents are hard-working, undocumented immigrants lose sleep every night worrying that his parents will be taken away and deported?  Will the young African-American man continue to be the target of discriminatory profiling and violence both directly and systemically?  Will the vulnerable single mother lose her Obamacare and become a casualty of repeal without a plan?  Will the financially strapped blue collar worker become even more disheartened and disaffected if the promise of immediate  manufacturing and factory jobs turns out to be a hollow campaign promise?  Will the millennial entering the job market continue to drown under the debt of college loans?  Will the woman who now has choices have the clock turned back on Roe v. Wade and be denied the full services of Planned Parenthood?  Will respect for every woman be an ongoing casualty of the vile campaign run by the Republican President-elect?  Will our next generation’s environment be eviscerated by climate change deniers for the sake of fossil fuel energy company profits?

The frightening answers to these important questions and others do not only affect the above groups of Americans, but they affect every one of us who love freedom for all, justice for all, and equality for all.  In the words of the late civil rights hero Fannie Lou Hamer, “…NOBODY’S FREE UNTIL EVERYBODY’S FREE”.

My Florida poll observation experiences offer some insight into our challenges ahead.  On the bright side, my inside poll observer partner Liz and I were able to ensure that dozens of voters who were initially told by poll workers that they could not vote due to registration “technicalities” (a/k/a intentional or unintentional voter suppression) were eventually able to cast their votes after our interventions.

On the dark side, Liz and I observed numerous instances of systemic voter suppression created by laws established by Republican politicians and executed (intentionally or inadvertently) by  allegedly “nonpartisan” poll workers.  All of the suppression that we observed solely affected African-American and Latino voters.  Proving intent is always a high legal bar, but it is beyond my imagination to think the disparate impact upon minority voters was a mere coincidence.

Voter suppression is not a particularly sexy issue for most members of the media.  When Trump supporters allegedly blocked voters at a nearby poll on election day, the media gave it coverage because there were available pictures and a reported police response.  When systemic legal/technical issues happened at polls like mine, media attention was virtually non-existent because it is a far more nuanced story that cannot be described in a sound bite or captured in a photo or video.  The latter type of voter suppression is a much more prevalent, pernicious and systemic problem that can easily result in hundreds of thousands  or more votes not being cast nationwide.  The very votes that are not cast due to under the radar voter suppression can easily turn a swing state from blue to red.

To its credit, the Clinton voter protection headquarters was very responsive to our concerns at our polling place.  There was a prioritized effort to involve the appropriate election officials.  At times during the day things improved, but at other times it reverted back to the same suppression problems that we recognized earlier.  Vigilance by all poll observers is a never ending requirement to ensure fair and free elections.

When the polls closed, I read reports of similar problems of legal/technical suppression issues that were occurring in Miami-Dade County and Palm Beach County simultaneously with our experiences in Broward County.

We will never know if voter suppression efforts – intentional or inadvertent – changed the ultimate results in Florida, North Carolina and other swing states.  We do know that one vote suppressed in our democracy is one vote too many.  All eligible voters should be allowed to vote and all votes should be counted.  That’s called a free and fair election.

The next four years are not likely to unfold as we imagined when the pre-election pollsters and pundits assured us that a victory for Hillary was at hand.  The next administration will test our confidence in our government institutions and democratic principles.  We must be vigilant, focused and more active than ever in our participatory democracy moving forward.

I have a passion for protecting voting rights that led me to voter protection volunteer work at the polls and in the courts during the past twelve years.  The Al Gore voting debacle in Florida in 2000 woke me up to this stain on our democracy.  I hope my volunteer work makes our democracy a little better every election year.

Your passion for helping others may involve issues of child protection, domestic violence, elder care, homelessness, racism, education, animal rights  or an infinite variety of other societal problems.  There are so many wonderful organizations that are begging for you to volunteer your services to help others.  Just a few of those that come to mind are NationaPopularVote.com (reforming the electoral college to honor the popular vote without the necessity of an act of Congress), NAACP, Planned Parenthood, ACLU, National Coalition for the Homeless, Brennan Center for Social Justice, Southern Poverty Law Center, and ASPCA.  Also, any local organization that provides services for the most vulnerable among us would love to have you as a volunteer to ensure that we as a society one day eliminate domestic abuse, animal abuse, poverty, discrimination of all kinds, injustice, homelessness, bullying, educational inequality, unequal pay for women and hatred in any form.

Remember, we’re all in this together.  Social change and social justice is only achieved when we all do our part.  Our fellow residents of America need help.  They need lots of help.  Freedom comes with responsibility.  We each need to do our part until equality, justice and fairness becomes a reality for everyone living in America. 

Let’s make everybody free.  We’re Americans.  We get up when we’re knocked down and come back twice as strong.  Adversity creates character and the American character has no peer.

I implore you to adopt my new post-election motto:  DON’T WHINE, VOLUNTEER.

Respectfully,

Richard C. Bell, Esq.

Dear Friends,

We all know that we face a very critical election on November 8th. The stakes are so high that every citizen needs to cast a vote and have it counted.

Every election day, besides casting my ballot, I also volunteer to do legal voter protection work at polling places  or represent disenfranchised voters at court hearings. In the past, I have volunteered in Ohio, Pennsylvania and New Jersey. This year, I will be proudly standing up against voter suppression in Florida.

Today’s message is simple. To ensure that you exercise your sacred right to vote, you must be properly registered. Please confirm that you are registered to vote by clicking onto the following link and if you are not registered, please do so immediately.

http://www.canivote.org/

There are many problems arising in today’s world and if you want to be a part of the solution let your voice be heard with your vote this November. It’s your right to vote. It’s your duty to vote. It’s your way of standing up and being counted in our democracy.

Please share the above link with friends, family and co-workers.

Thank you.

Best Regards.

Virtually not a day goes by without a report about a bicyclist being injured or killed on the streets of New York City. It seems to get worse with the warm weather and the stream of tourists renting bicycles who are competing for traffic space with the bicycle commuters and messengers/delivery persons.

Two recent incidents illustrate just how critical bicycle safety has become in the boroughs. According to the New York Daily News, Leah Sylvain, a scenic artist riding her bicycle in the Bushwick section of Brooklyn was killed when struck by a fuel truck allegedly making a left in front of her and failing to yield her the right of way. The driver was arrested for his conduct at the scene. Ms. Sylvain apparently suffered head trauma leading to her death. She was not wearing a helmet.  This tragedy is another chapter in the story of seemingly endless bicycle-vehicle crashes in the city.

Similarly, the Greenwood section of Brooklyn was the site of a serious crash between an SUV and a bicycle, according to the New York Daily News, wherein a bicyclist allegedly suffered head trauma. The driver claimed that the bicyclist illegally passed a stop sign and struck the driver’s side rear section of the SUV.

If personal injury lawsuits or wrongful death lawsuits result from these incidents, the fault of the drivers and/or bicyclists will be determined. However, it is clear that trucks, cars and SUVs are no fair match for bicycles on our streets.

Please, if you are a bicyclist keep in mind that the tons of weight of motor vehicles will always wreck havoc with your light bicycle if there is contact. You must use extreme caution, extreme awareness and extreme patience when bicycling in the city. These safety measures may be the difference between life and death as you ride the city streets. You don’t want to end up as another tragic statistic.

To learn more about your rights if you or a loved one were injured due to a bicycle-automobile accident, please call me toll free at (877) CALL-LAW® (225-5529) or (212) 714-0988

I was summoned to jury duty last week and it made me reflect on being on the other side of the lawyers’ and judge’s questioning today.

We have all likely received a notice to report for jury duty. While my professional life revolves around trials and courtrooms, most people are unfamiliar with the jury system.

It is the duty and obligation of every citizen age 18 and older to report for jury duty and serve as a juror if chosen. Not everyone likes this responsibility of U.S. citizenship, but everyone who has been a party to a lawsuit would tell you that they want fair people from their borough paying full attention to their trial.

A recent Queens juror, according to the Daily News, posted on Facebook during a jury trial that she was sitting on a trial and she was “dying from boredom”. She also made comments about her fellow jurors on Facebook during jury deliberations.

Not only did this juror’s use of social media to discuss a pending jury trial violate the direct order of the judge to all jurors not to discuss the case with anyone or on social media during the case, but her conduct resulted in a mistrial. That means that the case will have to be tried again before another jury after wasting  the time, money and efforts of fellow jurors, the parties, the judge, court personnel and the lawyers. This very serious violation of court rules resulted in $1000 fine against the juror by the judge.

The lessons to be learned here are clear. Show up at jury duty and take it as seriously as you would want jurors to take it if it were your own trial. Listen to the judge’s orders and follow them – that’s the law. Social media is what it says – SOCIAL. There is no place for public posting during a jury trial. It’s a time to pay attention, be serious, be fair and fulfill your obligation as a U.S. citizen. Facebook, Twitter and Instagram are not and should not be part of the jury process. Justice is a sacred right not to be taken lightly by jurors EVER. You certainly would want jurors to be pay full attention to your case if you were one of the parties to a trial. Do the same for others. Our legal system and country depend on it!

If You Want to Be a Real New Yorker Provide Accessible Cars to Include ALL New Yorkers-We Embrace the Civil Rights of the Physically Challenged Here!

Uber entered the New York City market quickly and in vast numbers. Some estimates have Uber blanketing New York City with over 30,000 vehicles. There is clearly a cab war going on here between Uber and yellow cabs.

Lost in this business competition is Uber’s apparent disregard  for wheelchair-bound New Yorkers. According to two self-professed disability rights advocacy groups, United Spinal Association and United for Equal Access, there are ZERO wheelchair accessible Uber cars on the road in New York City. If true, this is a disgrace in a city that practically invented diversity and cherishes civil rights for all of its residents, visitors and workers. According to its website, United Spinal Association reached an agreement a few years ago with the City of New York “to make half of yellow cabs accessible by 2020.” This agreement will become meaningless if  Uber continues to grow in New York City and does not replace those 50% accessible yellow cabs with accessible Uber cars.

Uber, you don’t need politicians to cajole you or lawsuits to force you to become a good New York City citizen. Demand of your drivers that most of them have wheelchair accessibility by 2020 and the rest by 2023. I don’t know about the values in other places where you operate, but in New York City we demand and expect all people be treated equally all of the time. If you want to do business here and profit from the country’s largest market then be a concerned corporate citizen in return. Accessibility for all New Yorkers in Uber cars is not a suggestion, it’s the way we operate here. The melting pot of the world excludes no one.  Remember that the next time you tell wheelchair-bound New Yorkers that Uber has no cars for them. Uber, do the right thing.

For further information, please call me toll free at (877) CALL-LAW® (225-5529) or (212) 714-0988 for a free consultations.

Today, March 3, 2016, is the 30th anniversary of the founding of the Law Offices of Richard C. Bell.

Thank you very much to all of the wonderful clients, former clients, office colleagues, family, friends and supporters who have made this day possible.

I pledge to always make you proud of our daily fight to seek justice for those in need against the powers that be – insurance companies, corporations, individuals, landlords, government entities, doctors, hospitals and others – who bring harm to innocent victims due to negligence.
Richard C. Bell

Construction Companies May be Responsible for Money Damages and be Subject to Criminal Charges When Construction Workers are Injured or Killed.

It is tragic that construction workers in New York City often pay the price with their limbs or lives because completing a job quickly at a lower cost is more important to construction companies than worker safety. I have seen this in my own construction accident cases as well as in other reported cases in the media. There is no excuse for many construction accidents other than the lack of safety enforcement by construction companies who often try to cut corners for financial gain at the expense of workers’ safety.

Last year, according to the New York Post, at least 10 construction workers died in New York City in the first 8 months of 2015. It was alleged in one 2015 death case that a construction worker was crushed by a collapsing wall inside a pit two hours after an engineer told two supervisors to halt work in the pit. Reportedly, the two supervisors ignored the engineer’s warning and the pit collapsed killing a 22 year-old construction worker. The Manhattan District Attorney in 2015 charged the supervisors and their company with manslaughter, among other charges, and proclaimed “when supervisors at construction sites take shortcuts, they take lives.”

In a related development arising from that same worker’s death, the CEO of the company that employed the two supervisors was also criminally charged recently with fraudulently concealing $3 million in payroll to get back over $1 million in insurance premium breaks. Manhattan District Attorney Cyrus Vance again warned this week that, “In the construction industry, a lax approach to following proper procedures may be characteristic of a much more dangerous disregard for workers’ safety. Dishonest business practices hinder oversight and create potentially life-threatening hazards for workers and residents.”

In addition to the criminal case, the family of the deceased worker, Carlos Moncayo, is likely entitled to bring a personal injury/wrongful death civil lawsuit for money damages.

I have taken testimony from many construction company employees in construction accident cases and it was clear numerous times that tragic construction site accidents were caused by the familiar theme of profits over people. Enforcing safety practices to protect workers from injury or death was not as important to those construction companies as was rushing a job to finish it with the highest amount of profit.

Workers’ safety should always come first. Unfortunately, based on the many injured construction workers that I have represented over the years, that is often not the case in the minds of construction companies and site owners.

For further information about construction site accident cases, please call me toll free at (877) CALL-LAW® (225-5529) or (212) 714-0988 for a free consultations.