Shooting Victim Passes Away After Car Crash

Each day senseless acts of violence change the lives of individuals and their families forever. For those victims who have paid the ultimate price of violence with the loss of their life, their families are left trying to pick of the pieces. One such instance is believed to have occurred last month in Jamaica, Queens.

A Nightclub Shooting

On Monday, June 11, a 59-year-old man was shot at a Queens nightclub. The man attempted to drive home after the incident but did not make it very far. Only a half a block away, he crashed his car at about 3:30 am. The crash occurred near Liberty Avenue and Liverpool Street. He was found slumped over his steering wheel. A Good Samaritan witnessed the accident and attempted to assist but sadly, it was too late for the man.

It is believed that the victim may have been shot while leaving Jouvay Club by people who were firing shots outside. The authorities do not think that he was the intended target.

The victim was rushed to Jamaica Hospital where he was pronounced dead. He leaves behind a wife, four children, and three grandchildren. He is remembered by his wife as a kind man who would help to mediate problems between friends.

An investigation is being conducted but there are currently no arrests made in connection with the incident.

If you have suffered the loss of a loved one due to the negligence of another individual you may be able to file a wrongful death lawsuit. Seek the help of an experienced New York City personal injury attorney to determine what your legal options are at no cost or obligation.  

If you or a loved one was injured  and want to pursue a personal injury lawsuit, contact us at:

Lipsig, Shapey, Manus & Moverman

24-20 Jackson Ave #208
Queens, NY 11101
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New Safety Requirements For Construction Workers In NYC

Construction safety is an ongoing concern in New York City which seems to always have new buildings being constructed or old ones being renovated. More construction work sadly means more accidents and injuries for workers and even innocent bystanders so New York City has continuously been looking for ways to improve the safety surrounding various construction sites.

Safety Requirements

Earlier this month New York City’s Department of Buildings (DOB) announced via a press release that there would be an adjustment to the safety training requirements. These new requirements have been built upon the already existing practices put in place by OSHA (Occupational Safety and Health Administration). These new requirements will apply to anyone working on a project that the DOB instructed site safety managers, site safety coordinators, and superintendents must be present. Workers are now required to complete a mandatory 40 hours of safety training. Supervisors are required to have 62 hours of safety training under the new regulations. 10 of these hours should have already been completed by March 1, 2018. By December 1, 2018 workers must have 30 hours completed and supervisors must have the 62 required hours completed. All hours of training should be completed by May 1, 2019.

Education Options

OSHA is offering a 30-hours course to assist workers in completing the necessary safety requirements as well as several other education options. All safety training courses must be approved by the DOB which will be guidelines for course providers to use to build their curriculum. Several other free education options are being made available for those interested in finding work in construction. The DOB has received praise for their efforts to creating a safe work environment for all construction workers and the implementation of these new safety requirements. The hope is that this additional training will decrease the number of casualties that occur in the industry and promote a safe work environment for all.

If you or a loved one was injured on a construction site and want to pursue a construction accident lawsuit, contact us at:

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Pedestrian Dangers Near Construction Sites

Anyone that work in the construction industry or knows someone that does, is well aware of the risks that are involved when working in such a dangerous job field. New Yorkers are also well aware of the constant construction activity that is going on in the city as it continues to develop and issues are corrected. Yet while many are aware of the dangers present for the many construction workers, especially those in New York City, few stop to consider the dangers construction sites often present to pedestrians simply passing by.

Sadly, pedestrians going about their daily business frequently fall victim to construction accidents. Many of these accidents result in terrible injuries that could have been avoided in the first place, had rules and regulations put in place for safety purposes, only been adhered to.

New York Scaffolding Accident

One such unfortunate event occurred on Saturday, April 14. As construction crews were disassembling scaffolding in Brooklyn near Borough Hall, a 20-foot section of material collapsed on Joralemon Street. The falling metal poles and panels caused chaos on the streets. People were running and screaming trying to avoid being hit from the falling debris. Three people were injured as a result of the accident, one construction worker and two pedestrians.

A Resulting Mess

One of the entrances to the subway station from Borough Hall was closed for the majority of the day as crews cleaned up the scene and the New York City Department Buildings issued a citation the construction company that was working at the site. The citation was for failing to safeguard the property and persons while conducting a construction operation and a $25,000 fine comes along with this citation. The accident is still under investigation and the cause of the collapse is currently unknown.

If you or a loved one was injured on a construction site and want to pursue a construction accident lawsuit, contact us at:

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Queens, NY 11101

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Fatal Queens Construction Accident

It is fairly well known that construction jobs are very dangerous. Various types of construction related jobs can be found on lists of top 10 most dangerous jobs due to the number of injuries and fatalities regularly suffered by those that work in the field.  This is one of the reasons there are so many strict safety rules and regulations put in place in the construction industry. When these regulations are not followed it leads to an even higher rate of injury and death.

Construction Site Violations

One example of construction sites not following proper safety procedures with disastrous results has just occurred at a Queens construction site. On Tuesday, March, 13, a 34-year-old man was killed when he was crushed against a wall by a forklift. He died at the scene of the accident.

The brother-in-law of the deceased worker stated that he had been told numerous times by the worker that he was concerned to go to work because of how dangerous it was to work there. In fact, since September the jobsite had received several safety violations and stop work orders. The man is survived by his brother-in-law and two sisters who live in Jamaica, Queens.

Work Site Violations

The construction site was for a luxury high rise building by the Chetrit Group. The records show some of the violations and stop work orders included a partial stop work order on Sept 27 after a worker fell one floor down from collapsed plywood. A full stop work order was issued on December 7 for construction not conforming to plans for demolition. Two other stop work orders were issued in December and there are currently 37 open Environmental Control Board violations. 

If you or a loved one was injured on a construction site and want to pursue a construction accident lawsuit, contact us at:

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Queens, NY 11101

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Why Do We Have Construction Safety Week?

Construction has been around for centuries, from the building of the pyramids to today's modern and beautiful buildings and connecting highways. As construction evolves so does the need for safety on the construction sites. However, as LipsigQueens.com notes many serious workers have suffered serious injuries on the job and this leaves room for improvement in the industry.

Origins Of Construction Safety Week

The need for change in safety awareness came to light in 2014, when numerous deaths were reported on construction sites in the New York area. More than 60 national and global construction firms came together and created the (CISI ) or The Construction Industry Safety group and the (IIF) Incident and Injury Free Forum, and together they created the first U.S. Construction Safety Week, which is held during the first full week of May since 2014.

The Reason Behind The Week

The Bureau of Labor Statistics found that in 2015 there were 937 deaths in the construction industry. Overall roughly 150,000 people are injured yearly in construction site accidents. The BLS construction industries "Fatal Four" statistics showed:

Falls — 364 out of 937 total deaths in construction in CY 2015 (38.8%)
Struck by Object - 90 (9.6%)
Electrocutions - 81 (8.6%)
Caught-in/between* - 67 (7.2%)
(*This category includes construction workers killed when trapped or compressed by equipment or objects, and struck, caught, or crushed in collapsing structure, equipment, or material)

With the statistics like these, it is apparent that safety on the job site needs to be at the forefront of every company.

Mission Of The Week

The creation and activities surrounding Construction Safety Week encourage employers and employees to take their safety and the safety of their co-workers into their hands, by bringing together as many construction companies as possible to focus entirely on safety on the worksite, also making sure that while shaping America they also make it home safely to their families

Construction Safety Week Events

During Construction Safety Week, companies stop production to have safety meetings and events; the events are not mandatory. However, workers are encouraged through incentives to join in and focus on one of the most important things in the construction industry which is safety not only for themselves but also their co-workers.

During Construction Safety Week sites from all over hold training sessions, seminars and participate in emergency action drills and inspections. Fun activities such as safety games, scavenger hunts, and lunches are used to encourage participation in this week long event.

Participation Grows

In 2015 there were 40 companies that sponsored Construction Safety Week. In 2017 there were 58 companies and at least 25 alliances with groups such as OSHA, NAOSH, and CCS to name a few. Along with these alliances, there are several large insurance companies that are also getting involved in this movement. Everyone is encouraged to join in, and together they hope to change the status quo.

If you or a loved one was injured on a construction site and want to pursue a consutruction accident lawsuit, contact us at:

Lipsig, Shapey, Manus & Moverman
24-20 Jackson Ave #208
Queens, NY 11101
929-239-4664


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Leggings Becoming A Product Liability

Though leggings are something that women have worn for years, there is now controversy surrounding them. This is in light of at least one recent lawsuit against clothing brand LuLaRoe. You may now be worrying that any leggings you own may cause you problems.

One unidentified customer in Oregon reported that three or more pairs of leggings she purchased from Lula Roe had developed holes in the back of them. As a result, a class action lawsuit was brought against LulaRoe in an attempt to get the company to stop selling their leggings in the state.

Defective Leggings Lawsuit Details

The plaintiff in the case stated that she had purchased several leggings at $25 each. Every pair she purchased allegedly wore out very quickly. According to the plaintiff's attorney she requested that the company refund her money for the defective leggings and the refund was denied because she had worn them. Details of the lawsuit include other complaints from customers that had the same experience.

Many unhappy consumers have joined the LuLaRoe "Defective/Ripped/Torn Leggings and Clothes" claims on a Facebook group that over 25,000 people joined. It has been reported that the company refuses to respond to their unhappy and dissatisfied customers. According to those unhappy customers the company is well aware that they are known for using weak fabric that can easily be ripped and that the weakest part of their leggings is the part that covers one's rear end. There have been many reports that LuLaRoe leggings often suddenly form holes when consumers are wearing them out in public.

The company's response to the woman who brought this lawsuit was that the leggings are subjected to a brushing process that softens the fabric. Unfortunately, the same process that makes them softer also weakens them.

Ultimately the woman wants LuLaRoe to pay her court fees and wants a judge to bar the company from selling leggings in Oregon.

If you or a loved one have encountered a defective product and want to pursue a product liability lawsuit, contact us at:

Lipsig, Shapey, Manus & Moverman
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Common Causes Of Burn Injuries On Construction Sites

Burns are among the most common and painful injuries experienced on a construction site. They can range from moderate to severe injuries and can cause unbearable symptoms such as nerve damage, chronic pain, permanent disfigurement, psychological trauma and even worse- death of the workers. Burn injuries might require costly surgeries, physiological therapies, and in extreme cases psychological treatments.

As a construction worker, you must know your rights and seek compensation through the help of an experienced attorney.

Circumstances Leading To Burn Injuries

Check out some of the incidents that might lead to burns on construction sites:

Fire and Explosions

This can occur when you are exposed to open flames such as a welding torch. The burns can also be due to explosions from defective fuel lines, fuel tanks, gas lines, or construction products.

Electrical Exposure

Electricity is the third leading cause of fatalities on construction sites. You can be exposed to overhead power lines, faulty (exposed and incomplete) wiring, or unmarked electric hazards. Furthermore, you might be working around high-powered machines or high-voltage equipment that poses electrical burn risks.

Scalding Liquids and Steam

You can sustain burn injuries if you are exposed to liquids at high temperatures or vaporized liquids (steam). Such injuries can result in pain, redness, and damage to deep layers of the skin.

Hot Solid Objects or Molten Material

According to OSHA, contact with hot objects is one of the major factors that put workers at greater risk of sustaining injuries. Also, at the construction site, you might be working with hazardous molten materials that can cause painful burn injuries.

Harmful Chemicals

Exposure to bases, acids, oxidizers, or solvents, all of which are found in most construction materials can result in injuries. While some chemicals cause instant burns, others react at a slower rate and can cause damage over a longer period.

Contact With Radiations

These are burns caused by exposure to alpha, beta, or gamma radiations. These burns (also known as radiological burns) can cause damage over an extended period. Acute and chronic exposure however requires emergency medical care.

Consulting An Attorney

An experienced and qualified personal injury lawyer is the professional you need to handle your burn injury claims. An attorney will guide you, advocate on your behalf, and offer expert advice on what you can get after a burn injury or death.

If you or a loved one suffered burned injuries on a construction site, contact us at:

Lipsig, Shapey, Manus & Moverman
24-20 Jackson Ave #208
Queens, NY 11101
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Construction Accidents By The Numbers

It has been documented that each day two construction workers die because of work related injuries in the United States. To be specific, one in five workplace fatalities is construction related. The most commonly reported causes of these construction related fatalities are falls, electrocution, struck-by an object and caught between objects accidents. Below are the statistics of these construction related accidents.

Accident Statistics

Falls 

Falls account for 36.9 per cent of construction related accidents. What leads to these falls are wall openings, unprotected sides, floor holes and ladders that are not used correctly among other things.

Struck-By-Object

Struck-by-objects account for 10.3 per cent of construction accidents. The name says it all and struck-by-object accidents ted to be caused by vehicles or falling or flying objects on the site.

Electrocutions 

Common factors of electrocutions on construction sites are contact with power lines as well as a lack of ground fault. Electrocutions account for 8.9 per cent of accidents on site.

Caught Between Objects

Caught between objects accidents reportedly add up to 2.6 per cent. Some of the causes for these accidents are a lack of protective systems and a failure to inspect trench and protective systems.

Other Construction Accident Risk Factors

Other injuries that are likely to occur following one or some of the accidents listed above include:

• back or neck injuries
• amputated limbs
• blindness
• deafness
• serious scarring
• death

An employee needs to be well versed in knowing whether or not to sue an employer or file a workers' compensation claim instead. It does stand to reason that sometimes the owner of the premises, the general contractor or other contractors can be held liable in circumstances where employees have been injured on the job.

If you or a loved one was injured on a construction site, contact us at:

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When Can You Sue For A Workplace Injury?

The general rule when it comes to injuries in the workplace is that only workers' compensation insurance is what you need to pursue. However, this is not entirely true. Workers' compensation can provide some financial relief, that financial relief is usually quite low and issues like pain and suffering are not well compensated for. This is why a personal injury lawsuit is a better option in order to receive punitive damages. Here are some of the situations where you can pursue a personal injury lawsuit for injuries caused on the job.

 Defective Product Injuries

Defective product injuries are classified as injuries that happen because a machine or some equipment is defective, failed to work properly or is inherently dangerous. The manufacturers of the machine or equipment can be held liable in such circumstances if they knew that their equipment was faulty. If the manufacturers did not warn of any possible dangers, they would have to compensate an injured worker for things such as lost wages, medical bills and pain and suffering. An injury due to a defective product calls for you to speak to a qualified attorney about your rights and the right action to take.

Injured By A Toxic Substance

Substances such as asbestos, benzene, chromium compounds, silica, and radium can cause a toxic reaction in workers that makes them sick or cause serious injuries and illnesses. If such injuries or illnesses related to toxic substances can be subject of a lawsuit.

There are two types of injuries that can happen due to toxic exposure and they are acute injuries and latent injuries. Acute injuries are the ones you see immediately and latent injuries can take years to appear and can be in the form of cancers and lung diseases. Acute injuries can include chemical burns and poisonings. When a worker is exposed to toxic substances a lawsuit can be rightfully pursued.

If you have been injured by a defective product or made sick by toxic substances, you can sue your employer with the correct legal guidance.

Lipsig, Shapey, Manus & Moverman
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Queens, NY 11101
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Dangerous Construction Equipment

Power tools and construction go hand in hand and they can always be very dangerous on sites. Although power tools are going to be on site, sometimes workers are not fully equipped to use these tools and they can create dangerous situations and injuries for them and other workers around.

Top 3 Dangerous Construction Tools

 

Chainsaw 

Chainsaw are as deadly as they appear to be in horror movies and even more probably. Chainsaws are among one of the most common causes of serious injuries on construction sites. They can lead to severed limbs among other injuries. What makes chainsaws dangerous is their size and weight and the cutting saw operating at high speed. All these factors make this power tool very dangerous.

Nail Gun

Yes, just like the name sounds, it works like a gun and fires out nails with incredible force that penetrates inches into hard wood. A lot of injuries on construction sites are also attributed to nail guns and sometimes those injuries happen because the safety mechanism on them can become defective. It is very important that a nail gun is never pointed at anyone on site and extra caution is taken while using one.

Ladders

Although ladders are not power tools they still need to be recognized for the potential harm they can cause.Whether old, broken, or weak, ladders can give way at any time. A ladder that falls apart can result in major injuries due to a fall. If a ladder is not placed correctly it can easily slip and give way under the person on it. Another dangerous issue surrounding ladders is the type of ladder it is. Metal ladders can be a problem if used while conducting electrical work as it means that any shock received while working will be carried through the metal after passing through the body. Caution does need to be taken when using a ladder.

If you have been injured while using a power tool, contact us at:

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Understanding Product Liability

Although manufacturers generally try to produce safe products, sometimes things can go wrong, and you could be injured by a defective product. Product Liability is a specific set of laws, separate from general injury laws, that cover these specific incidents. A more detailed explanation of product liability visit LipsigQueens.com.

Causes

Typically product defects fall into one of three categories:

• Design defect - a defect inherent in the very design of the product, meaning the defect could manifest in any copy of the product.
• Manufacturing defect - a defect resulting from when the product was built, leading to potential issues.
• Marketing defect - a defect resulting from inadequate or inaccurate instructions and/or safety warnings, creating the possibility of improper use and thus injury.

Who's Responsible?

There are actually several possibilities as to who the responsible party could be, because of the laws of strict liability. This means not only could the manufacturer be held responsible for making a defective product, but the retailer could also be responsible for selling the product. Typically though, the manufacturer will likely be the main defendant.

Res Ipsa Loquitor

This Latin phrase, which means "the thing speaks for itself" is also a legal practice used in the case of negligence, which forces the defendant to prove they were NOT negligent in the manufacturing of the product, making it much easier for the plaintiff to win the case. Usually this is the option to look into in the case of a design defect.

What To Do?

It's probably no surprise that, should you be injured by a defective product, the first thing you or your family should do once you're able, is speak to a lawyer about your options. Product liability laws actually vary from state to state (there's no federal law for it), so consulting an expert is the best thing to do as soon as possible.

If you or a loved one has suffered a defective product injury in Queens New York you can contact the following lawyer:
Lipsig, Shapey, Manus & Moverman
24-20 Jackson Ave #208
Queens, NY 11101
929-239-4664
 

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
 

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

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