Published on:

By

Last month, Michael A. Bottar, Esq., a Syracuse work injury lawyer with Bottar Law, PLLC, secured $1,700,000.00 in compensation from two corporate defendants for injuries arising out of a 2006 incident that occurred at an Adirondack mine. The Syracuse construction site accident lawsuit alleged that the property owner failed to warn the worker about a rotten utility pole. The New York work injury lawsuit also alleged that the general contractor failed to provide the worker with safety measures to prevent injury should the utility pole break, and asserted that both defendants violated the New York State Labor Laws designed to protect injured construction workers. While the lineman was working on the utility pole, it broke at the base due to rot. He fell to the ground and was crushed by the pole.

The 44 year old plaintiff was permanently, totally disabled by his construction site fall. The recovery provided for nearly $1,000,000.00 in compensation for the worker’s past and future pain and suffering, as well as $700,000.00 for his medical bills and lost wages.

Published on:

By

Route 81, a highway running north and south through New York State, was closed for more than two hours on Wednesday due to a 15 car accident. The NYS Route 81 accident, which involved rear-ending a tractor trailer, occurred at the South Sandy Creek bridge, in Southern Jefferson County. The driver of the car that rear-ended the tractor trailer reported back pain. No other injuries were reported.

Route 81 is one of New York State’s most significant roadways. It runs north and south across the State, spanning just over 183 miles from the Pennsylvania border near Binghamton, to Canada near Wellesley Island and Alexandria Bay. The highway has more than fifty (50) exists in five (5) counties, including Onondaga, Cortland, Broome, Oswego and Jefferson. Route 81 is heavily traveled, there are accidents daily due to careless drivers and negligent truckers, including those who text message while driving (despite the fact that it is illegal under New York State law).
Continue reading →

Published on:

By

A Binghamton demolition project is underway at 39 Charlotte Street. Yesterday, Broome County workers began deconstructing the building to make way for new construction on the street. Charlotte Street is largely industrial. Binghamton residents are hopeful that removal of abandoned buildings will increase the potential for retail expansion into the area.

While demolition of the building is a step toward beautification of the City, it is a dangerous activity that places construction workers and manual laborers at risk for accidents, injuries and permanent disability. Injured demolition workers may be entitled to compensation.
Continue reading →

Published on:

By

Countless roadways weave through Central New York. Everyday there are accidents on the New York State Thruway, collisions on I-81 and crashes on I-87, I-88, 481 and 690. These accidents cause serious injuries and permanent disabilities. Texting while driving is a major cause of car crashes and tractor trailer accidents.

University of Utah researchers recently announced statistics from a study on driving while texting. The psychologists reported that drivers who text while driving are six (6) times more likely to be involved in a crash. The risk for crashing increases for two reasons: (1) because drivers who text are not looking at the roadway, and (2) because of the brain drain caused by switching between up-close texting driving.

Because the reaction time of texting drivers is as much as 30% slower than non-texting drivers, it is illegal to text and drive in the State of New York.
Continue reading →

Published on:

By

Yesterday, a New York construction worker was severely injured on the job when he was struck in the head by granite slabs intended for installation as a kitchen countertop. The injuries proved fatal.

The workplace death is under investigation by the Occupational Safety and Health Administration (OSHA). If there were OSHA safety violations, or of the worker was killed due to the negligence of anyone other than his employer, his family may be entitled to compensation for his pain and suffering and wrongful death.
Continue reading →

Published on:

By

Injured construction workers increase in number every day. Many workers injured on the job live in Syracuse, New York, and in surrounding Central New York cities and towns, including Watertown, Oswego, Utica, Herkimer, and Binghamton. Many injured workers file lawsuits for their injuries. Generally, those lawsuits are filed against general contractors or those who own the property where the injury occurred. Most involve claims of construction site falls, laborers struck by falling objects, scaffolding accidents and machinery accidents.

Earlier this week, the New York State Court of Appeals issued a decision clarifying New York State Labor Law Section 240, which provides that “[a]ll contractors and owners and their agents, except owners of one and two-family dwellings who contract for but do not direct or control the work, in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure shall furnish or erect, or cause to be furnished or erected for the performance of such labor, scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices which shall be so constructed, placed and operated as to give proper protection to a person so employed.”

The Court of Appeals held that the statute applied to the case, even though the plaintiff did not fall from a height. Rather, the plaintiff was injured when a heavy reel fell from a height and, because he was holding on to a rope wound around the reel, was propelled horizontally and sustained severe injuries to his hands. New York State’s highest court ruled: (1) that the worker’s injury was elevation-related, and (2) that the worker did not have to be struck by the falling object (reel) in order to recover under Labor Law 240.
Continue reading →

Published on:

By

This week, the New York State Court of Appeals ruled in that a law protecting police officers from liability for police patrol car accidents does not apply if the police officer files a private lawsuit against another driver.

The law at issue protects policy officers from lawsuits if they are negligent (but not if they are “grossly” negligent). The facts were presented to the Court of Appeals were unique. A Broome County Deputy was injured while making a u-turn in his patrol car. His emergency lights were on in order to chase down a speeding driver. The deputy sued the driver who struck him. The driver alleged that the deputy was partly at fault. The deputy argued that he could not bear fault under New York State law. The Court of appeals disagreed with the deputy.
Continue reading →

Published on:

By

Every day, thousands of UPS truck travel on our Central New York roadways, delivering packages to/from residents and businesses in Syracuse, Watertown, Utica, Oswego, Herkimer, abd Binghamton. From time-to-time, UPS trucks crash and drivers are injured.

Earlier today, a United Parcel Service truck was struck by a moving train at a highway intersection. According to local police department, the UPS truck had stopped for the train tracks, but was struck by the train before it cleared the tracks. The driver of the UPS truck was injured. Fortunately, there were no fatalities.
Continue reading →

Published on:

By

tPA is a drug used to treat patients suffering from a stroke. It is available in most New York State emergency rooms, including Crouse Hospital, St. Joseph’s Hospital Health Center, Community General Hospital and SUNY Upstate Medical University (University Hospital). Failure to administer tPA may be medical malpractice.

More than 800,000 strokes occur every – making strokes the third most common cause of disability. Most strokes are caused by a clot that blocks blood flow to a part of the brain. Common stroke symptoms include a “thunderclap” headache, dizziness, numbness, blurred vision and difficulty speaking. In 1996, tPA (tissue plasminogen activator) was developed. If tPA is prescribed soon after symptoms of a stroke emerge, the clot may resolve and blood flow to the brain may return.

While tPA has been around for more than one decade, fewer than 5% of stroke victims receive the drug in time to prevent permanent brain damage. If you are having a stroke, how long do you have to receive tPA? The answer is three hours.

While tPA may not work for everyone, stroke specialists believe that it should be administered to patients suffering from a stroke in order to decrease a patient’s chance of long-term disability.
Continue reading →

Published on:

By

Syracuse jobsite accidents causing workplace injuries are common. According to the Department of Labor, countless workplace injuries occur every year, leading to tens of thousands of injured workers. Those most likely to suffer a workplace injury include construction workers, those working around machinery, and those involved in manufacturing and transportation.

According to a new study by the United States Government Accountability Office, many company doctors under pressure from employers are concealing workplace injuries. In extreme cases, company doctors are providing inadequate medical care to injured workers. According to a GAO survery:

* 1/3 of company doctors interviewed reported being directed by employers to provide inadequate care to injured employees to improve the appearance of company injury report logs;

* 1/2 of company doctors interviewed reported receiving pressure from company officials to minimize worker illnesses and laborer injuries; and

* 2/3 of company doctors interviewed reported knowing about employees who did not report workplace injuries because they feared company discipline.

One example of collusion between company officials and company doctors to better company safety records is the treatment of cuts. Workplace lacerations that are closed with stitches must be reported to OSHA. However, cuts that are closed with a bandage are not reported. Another example is the certification of a workplace injury, even a very serious injury, as one that requires only “first aid.” Injuries treated by “first aid” need not be reported.

Tom O’Connor, executive director of the National Council for Occupational Safety and Health, commented on the GAO’s findings. He stated that they were “dramatic,” adding: “If healthcare professionals are being asked to not record injuries properly, then we have a pretty broken system.”
Continue reading →

Contact Information
Syracuse Office
120 Madison St #1300
Syracuse, NY 13202
Toll Free: (833) 268-8277
Main: (315) 422-3466
Fax: (315) 422-4621
Satellite Office: Albany*
90 State St
Albany, NY 12207
Toll Free: (833) 268-8277
ATTORNEY ADVERTISING
* By appointment only

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2014 – 2024, Bottar Law, PLLC
JUSTIA Law Firm Blog Design