Victims’ Compensation Fund – 9/11
If you or a family member were present in the NYC “9/11 crash site area” between 9/11/2001 and 5/30/2002, it is imperative that you register with the World Trade Center Health Program and the 9/11 Victim’s Compensation Fund as soon as possible, even if you are not currently sick or suffering from a 9/11 related condition. One of our lawyers can walk you through the process of registering to protect your rights to bring a claim if you do become sick now or in the future.
If you are now suffering from a qualifying medical condition (including one of over 70 forms of cancer), there is a good chance that free lifetime healthcare and a tax-free cash award are available to you, including for your potential lost earnings related to a 9/11 medical condition.
One of our lawyers can review your eligibility criteria with you, your presence in the NYC 9/11 crash site area, and the documentation you need to prove your presence, as well as additional medical or financial records you need to support your claim.
Child Victims Act/Child Sex Abuse
Victims of childhood sexual abuse suffer long term effects that may impact their health, well-being and job opportunities as well as their mental health in adulthood, including PTSD (post-traumatic stress disorder) and major depressive episodes.
On February 14, 2019, Governor Cuomo signed the Child Victims Act into law to protect these survivors of sexual abuse and to ensure that abusers are held accountable.
This law extended the time that some survivors have to report the abuse they were subject to as a child. Criminal charges can be brought until a survivor turns 28 years old, and civil lawsuits can be filed until a survivor is 55 years old.
The law also provides a new “look-back window”. This means that there is a one-year period for complaints to be filed that were previously barred by New York’s statute of limitations. It is extremely important that you contact an attorney immediately to protect your interests.
Frequently, child sex abuse is committed by someone the child knows, though not necessarily a family member. These predators use their trust and authority to coerce a child. Too often, these abusers are part of a larger organization that should be protecting children yet they are more concerned with protecting their organizational image rather than addressing accusations of devastating abuse.
When an organization (such as a church, school, agency, scout troop, or other group entrusted with the care of children) knows or has reason to know that abuse is taking place, it has a responsibility to step in and stop the abuse. If they fail to protect children in their care, they can, and should, be held liable. This means that the organization can be forced to pay civil damages, including paying for the ongoing pain and suffering, as well as the medical care a survivor requires.
It's a sad reality that some employers knowingly or unknowingly subject their employees to unsafe working conditions. Unfortunately, when this happens, workers can suffer in more ways than one. From life-altering injuries that demand ongoing medical treatment to lost wages, workplace accidents can hurt employees physically, financially, and emotionally.
Many injuries that happen at work are simple accidents. In these cases, you may be able to obtain workers compensation to alleviate some of the financial stress after you've been harmed. However, in limited circumstances, if you were injured because your employer knowingly exposed you to unsafe conditions or failed to take safety measures, you may be allowed to seek compensation by filing a lawsuit.
Moreover, if the negligence of a third party (a person or company other than your employer) contributed to causing your injury, you may be able to bring a lawsuit against that party-even if you're also receiving workers' compensation benefits from your employer.
Korman & Van Arsdale can help you determine whether you have grounds to file a lawsuit against a third party or even against your employer. If you do, you may be able to recover damages for lost income, medical expenses and pain and suffering.
After a workplace accident, you may feel as if you're alone and without options. Don't let these negative feelings consume you. Instead, empower yourself by contacting us for your free consultation.
In response to the COVID 19 pandemic, Governor Andrew M. Cuomo signed the “New York State on PAUSE” executive order, in order to assure uniform safety for everyone. This “PAUSE” included a new directive that all non-essential businesses statewide must close in-office personnel functions effective at 8PM on Sunday, March 22.
Unfortunately, this order has not provided “uniform safety for everyone”, and the hard-working men and women who have been deemed “Essential” have been disproportionately ravaged by the COVID-19 virus.
Our attorneys are still hard at work to protect the “Essential” work-force, and to help guide them. Benefits may be available to you, if you are unable to work or telework because:
You are subject to a governmental quarantine or isolation order related to COVID-19;
You have been advised by a health care provider to self-quarantine due to COVID-19 concerns;
You are experiencing symptoms of COVID-19 and are seeking diagnosis;
You are caring for an individual subject to governmental quarantine/isolation order or health-care provider recommendation (Even if this individual is not a family member);
You are caring for an eligible child under age 18 if school or place of care has been closed due to COVID-19 precautions;
Under these circumstances, you may have a right to Workers’ Compensation Benefits, Federal or New York State Paid Emergency Leave, New York City Earned Safe and Sick Time, and/or Westchester County Earned Sick Leave.
Our lawyers are members of professional associations that are currently working in Albany to include COVID-19 workplace exposure injuries for all workers, especially the “Essential” workers who are required to go to work each day and expose themselves and their family members to this deadly virus. The proposal currently being discussed in Albany would create a presumption that any “Essential” worker diagnosed with COVID-19 would be presumed to have contracted the virus as the result of work-related exposure. We will provide further updates as they become available.
In addition, you may have a potential lawsuit if you or a loved one are suffering from severe COVID-19 injuries or death due to the negligence of another person, company, or organization. This may include negligent exposure from a jobsite, healthcare facility, nursing home, and/or assisted living facility.
Medical malpractice occurs when a medical professional renders care that deviates from accepted standards or fails to render care that would normally be rendered under accepted medical standards. Hospitals, doctors, nurses and staff have a responsibility to provide quality care to every patient. If they fail in this regard, it often leads to catastrophic and fatal injuries.
The following are some commonly seen medical malpractice claims:
Failure to diagnose a medical condition, such as cancer or heart disease;
Failure to diagnose a medical condition in time to render potential treatment and care;
Diagnosing the wrong condition (“Misdiagnosing”);
Birth injuries, including brain damage, Erb’s palsy, physical disfigurement, or wrongful death;
Hospital and/or Emergency Room errors;
Surgical errors, including errors before, during, and after surgery;
Nursing home abuse.
If you were injured or believe you were injured by a medical professional, it is important to know how the law protects you and your family. Our attorneys can help you figure out if you have a claim, how to get access to quality medical care, how to deal with medical bills, loss of income, and if you have a claim to recover compensation for your pain and suffering caused by your injuries.
Toxic Exposures/Work-Site Exposures
Exposure to toxic chemicals, asbestos, mold, contaminants, and other particulate is a constant risk for many people working in and around New York City, especially in the construction industry. Asbestos, lead, and carbon monoxide are often negligently released into the atmosphere and can cause serious injury without proper safety precautions and remediation.
These types of exposures can be due to sudden, traumatic events like an explosion or collapse of a structure, or other such industrial accident. These exposures can also be the result of exposure and inhalation over time.
The consequences of these exposures can be permanent, life-changing, and fatal. Frequently, hard working individuals who are required to work in unsafe environments suffer from work-related respiratory issues, including asthma, COPD, pulmonary fibrosis, pleural plaque, asbestosis, and mesothelioma.
Our lawyers can help you navigate the complex legal and factual issues surrounding exposure injuries and claims.
Motor Vehicle Accidents
Being involved in an auto accident is a frightening experience that can drastically change your life within seconds. A car accident can cause debilitating physical injuries, emotional trauma, and costly property damage. Furthermore, a serious car accident injury that prevents you from returning to your job (or that limits the number of hours you can work) can be financially devastating. Even an accident that occurs at a low speed, or that doesn't result in much damage to your car, can cause physical injuries.
If you've been involved in a car accident, it's important to take steps to protect your legal rights, before it's too late. If you've recently been hurt in a motor vehicle accident, Korman & Van Arsdale can help you by:
Attorneys like John and Rachele can help you find peace of mind after your accident so that you can move forward with your life. Call today to set up a free consultation.
Personal Injury/General Negligence
In life, accidents and injuries can happen at any time. Whether you're at work, walking down the street or driving to the store, there is always a chance that you may be involved in an accident that can change your life in an instant. If you were recently involved in an accident that left you with painful injuries or emotional distress, you may be entitled to file a personal injury lawsuit. Victims who win or settle their personal injury claims may collect compensation for their:
You may have a great deal on your mind during this difficult time, but your recovery needs to be your first priority. With Korman & Van Arsdale serving as your supportive litigators, you can focus on your rehabilitation while a lawyer concentrates on obtaining any compensation to which you are entitled. If you have been hurt in an accident please call us today to set up your free legal consultation.
Construction Accident Litigation
Construction work is very dangerous. Workers risk their safety and their lives every day on the job. Statistics show that construction workers make up approximately 5% of New York City’s total workforce, but they account for 27% of work fatalities.
Construction workers often have to work at dangerously high levels with heavy equipment, tools and materials. They face slipping and tripping hazards in passageways, work areas, staircases, and throughout their job sites. Many workers also have to frequently change job sites and work activities, and when they do, they encounter unfamiliar settings. Furthermore, construction projects often involve different trades performing different work in the same areas and at the same time. As a result, work areas can get crowded and debris, tools, materials and equipment can accumulate and scatter.
New York has enacted several laws to protect workers on construction sites because their work is so dangerous. These laws were passed by the Legislature and the Governor to protect the health and safety of workers. The law commands general contractors and owners of job sites to keep their work sites safe. There are not supposed to be any tripping, slipping or falling hazards on any construction site. And all work being performed is supposed to be properly scheduled and coordinated so that the work of one trade does not create a hazard for a worker of another trade.
Unfortunately, worker safety laws are often ignored and, as a result, workers get seriously injured and killed. If you or a loved one suffered an injury on a construction project, it may have been because laws meant to protect workers were ignored and a choice was made to prioritize profits over safety.
We have decades of experience representing injured workers in Courts throughout New York City and New York State for all sorts of construction site accidents. We have successfully litigated countless falls from ladders, scaffoldings, roofs, shafts, lifts and stairways. We have also litigated hundreds of slips and trips, exposures to harmful and toxic substances, injuries caused by falling objects and debris, defects on work sites, crane accidents, shocks and electrocutions, defective machinery, and other accidents.
According to OSHA, the majority of fatal construction injuries occur due to four main causes: 1) Falls -38% of all construction injury deaths in 2016; 2) Being struck by objects - 9.4% of construction industry deaths in 2016; 3) Electrocutions - 8.3% of all construction fatalities in 2016; and 4) Crush accidents or workers becoming trapped - 7.3% of all deaths in 2016.
Do not become a statistic! Call us to learn your rights and protect yourself, your family and your fellow workers. We have helped hundreds of injured construction workers. If you have been injured while working on a construction site please contact us for a free consultation.
Please consult an attorney for advice about your individual situation. This site and its information is not legal advice, nor is it intended to be. Contacting us does not create an attorney-client relationship.
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