Lipsig, Shapey, Manus & Moverman

Wednesday, November 23, 2016

What Is Retaliation After Filing A Lawsuit For Work-Related Accidents?

When work-related accidents happen employers are required by law to pay the medical bills, a portion of the lost wages or pay for permanent disability an employee might get in the line of work. This could be of benefit to both the parties; however, the employers might become dissatisfied and particularly unfriendly especially with the concept of workers' compensation.

Actions That Are Considered To Be Retaliation By Your Employer


Employers tend to become hostile towards the employees to the extent that may be subjecting them to resistance and backlash. Retaliation by employers can involve engagement in illegal activities in a bid to punish you such as demotion, firing, salary reduction or job shifts, unwanted disciplinary actions, obstruction of the workers' compensation claim process and employers' egregious conduct. Despite you being protected against retaliation, proving it could be difficult.

What To Do In Situations Of Retaliation


In case you want to file for retaliation claims against your employer, you should do it soon after the has happened, such as few weeks or a month. This can be done by contacting an attorney. An attorney comes in handy because late filing for a retaliation can be detrimental. If you fail to file within the stipulated time limit, you might lose your rights to take action against your employer's retaliation.

How To Prove You Were Retaliated Against In Violation Of The Workers' Compensation Law


For you to win, you are required to prove that these actions were primarily because of your protected activity. You will also be required to:
  • Determine whether you were illegally discriminated by your employer.
  • You were legally an employee entitled to workers' compensation claims.
  •  That you filed a claim for compensation. 
  • That you were directly affected by the employer's retaliation actions such as change in employment status.
If you or a loved one has suffered a work injury on a Queens New York construction site you can contact the following lawyer:

Lipsig, Shapey, Manus & Moverman
24-20 Jackson Ave #208
Queens, NY 11101

929-239-4664

 


Friday, October 28, 2016

Ensuring Forklift Safety On Construction Sites

A forklift is one of the most common heavy machines used in construction. Forklifts are used by construction workers to lift heavy loads and move them from one point to another within the construction sites. Nevertheless, forklifts pose significant safety and health hazards to construction workers.

Forklifts accidents usually involve:
  • Collision with obstacles.
  • Load falling from the forklift on construction workers.
  • Tip-over due to overloading.
  • Forklift hitting or running over workers due to loss of control.
  • Improper use like using the forklift to lift people or driving with load elevated.
On average, one of every ten forklift is involved in accidents. Also, about 96,000 construction workers in the US sustain injuries from forklift-related accidents every year. It is, therefore, imperative that construction site managers understand the measures that have to be taken to ensure that forklift operators and other construction workers are adequately protected from the risk of injuries that could arise from forklift accidents.

Below is a rundown of tips that site managers and construction workers can use to improve forklift safety on construction sites.

 1. Understand The Risk

Just as in solving any other problem, the solution to forklifts safety hazards begins with understanding the risk. It is important to understand that forklifts are more hazardous when carrying heavy weights. Heavy load makes the machine less stable and harder to maneuver. A fully loaded forklift weighs up to five tons. Speed is also a factor that influences the likelihood of forklift accidents. Nevertheless, accidents can still occur even at low speed. In case the operator is unable to avoid an obstacle or a person, or a heavy load falls on a construction worker, serious injuries can occur. All in all, understanding these risks is the most fundamental step towards preventing them.

 2. Make Sure That Operators Are Licensed

As a site manager, you must ensure that your forklift drivers are licensed. Licenses are issued to forklift operators after a rigorous training process. Thus, a license implies the forklift driver is qualified for the job and has a clear understanding of safety procedures when operating forklifts.

 3. Maintain The Forklift 
 
 Like any other heavy machine, a forklift has to be properly maintained. Repairs have to be done to done in such a way that they meet the manufacturer's standard. Furthermore, any work on the forklifts must be done by qualified professionals.

 4. Respect The Limits
 
Forklift operators and site managers have to understand the limitations of forklifts regarding capacity and the environment with which they operate. The load weight carried should be within the limit that the forklift and the floor can hold. The speed should also not exceed the limit beyond which maneuverability is compromised.

 In conclusion, it is apparent that although forklifts are vital in construction work, they pose safety hazards at construction sites. However, operators and site managers can observe the above-discussed tips and improve forklift safety at their construction sites.

If you or a loved one has suffered a forklift injury on a Queens New York construction site you can contact the following lawyer:

Lipsig, Shapey, Manus & Moverman
24-20 Jackson Ave #208
Queens, NY 11101

929-239-4664

Friday, September 2, 2016

Common Scaffolding Injuries And Accident Compensation

A scaffold is the temporary structure built around construction. Its main purpose is to support the work crew. Despite having so many strict laws protecting workers and making sure of their safety they can't protect them from accidents.

In construction accidents do happen regularly, and in some instances the injuries are severe and may take long time to heal and a lot of finances for treatment or worse permanent damage. In other cases, these accidents may result in death. Most of these accidents happen while using the scaffold.

Most common injuries from scaffolding accidents are:
  • Amputation
  • Elbow and arm injuries
  • Neck and back injuries
  • Spinal cord injuries
  • Death
 So what happens when a scaffolding accident occurs?

When And Where To Claim


In the past, construction workers lacked a lot of legal protection, today there are laws to protect them. As a construction worker in New York today you can make a claim for any injury sustained during construction work. Most construction sites insure everything including the workers. This makes it even easy to make your claim.

How Much Should You Be Compensated?


Construction workers are protected by the Department of Labor's office of workers compensation programs. They are supposed to help the victim claim compensation. The compensation is supposed to cover wages lost and bills and death in case it happens. The Scaffolding Law in New York protects everyone who gets injured from a scaffold. This is despite the injury sustained during the accident. However, the compensation that one is entitled to depends on the magnitude of the injury.

Medical Compensation


New York law demands that any compensation is done after two weeks especially when it is a cash payment. However, medical care is entitled to any incurred injury despite its magnitude. Additionally, medical care is provided however long the disability lasts. It should be noted that medical compensation only covers the injury that is directly related to the injury sustained.

Compensation laws can be confusing all over, and New York is no exception. While seeking legal help, it is advisable to seek experienced attorneys who specialize in this field. With his/her knowledge you will be able to secure a good settlement plan.

If you or a loved one has suffered a scaffolding injury on a Queens New York construction site you can contact the following lawyer:

Lipsig, Shapey, Manus & Moverman
24-20 Jackson Ave #208
Queens, NY 11101

929-239-4664

Friday, August 5, 2016

Lipsig, Shapey, Manus & Moverman

Lipsig, Shapey, Manus & Moverman

24-20 Jackson Ave #208
Queens, NY 11101

929-239-4664

http://lipsigqueens.com/personal-injury/personal-injury-attorney-queens-ny/

Lipsig, Shapey, Manus & Moverman is a personal injury law firm based in Queens, New York. Our personal injury attorneys in Queens, NY helped accident victims recover compensation after being injured in car accidents, construction accidents and other personal injury accidents.