How to Know if Your Car is Totaled

By WRSMH on April 20, 2022

After a car crash or traffic accident, you, your insurance company, and all other parties involved may disagree about the payout owed for vehicle damages. The amount paid in automotive repairs can be based on several factors, including the age of the vehicle, cash value of the car, and nature of the accident. Unfortunately, because there are so many moving parts involved, recovering the total amount of money that you deserve can be a lengthy, burdensome, and confusing process.

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Posted in: Auto Accident

What Causes Runaway Truck Accidents in New York?

By WRSMH on April 10, 2022

Truck accidents often wreak far more damage to victims simply because of the size of them. Depending on where you’re driving on the road, trucks can weigh anywhere from 26,000-33,000 pounds, making them a dangerous weapon on the road. There are about 4,000 people killed and 130,000 injured in truck accidents in the United States every year, and the trucking industry is only continuing to grow.

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Posted in: Truck Accident

What Do I Do When a Coworker Causes My Injury?

By WRSMH on March 7, 2022

If a coworker caused your injury, you may be concerned about your right to workers’ compensation benefits. The workers’ compensation program is a “no-fault” system. If you are injured on the job in New York City, you have the right to benefits, but sacrifice your right to file a lawsuit, unless the employer has committed acts of gross negligence. If a coworker’s actions led to a serious injury while performing tasks at work, you have the right to workers’ compensation benefits.

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How Improper Training Leads to Construction Worker Injuries

By WRSMH on March 5, 2022

Construction workers are often seasoned professionals, familiar with OSHA and NYC Department of Buildings safety regulations – or could be new to the trade. With the endless construction projects in NYC, workers come from other states or countries, and must be trained in the proper methods and procedures to avoid accidents and injuries.

While construction accidents are frighteningly common in the city, most serious injuries and deaths could have been prevented had workers been thoroughly trained on the proper use of equipment and how to work safely around the many hazards on the site.

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Filing Lawsuits for NY Building Code or Safety Violations

By WRSMH on March 3, 2022

Property owners and developers are required to adhere to the safety regulations when building or improving property. These regulations are imposed by OSHA and under the NY Building Code.The commonly violated OSHA regulations reported by the U.S. Department of Labor, which could lead to a lawsuit brought by an injured worker include:

  • Fall protection violations
  • Respiratory protection violations
  • Hazardous chemical violations
  • Scaffolding violations
  • Ladder violations
  • Control of hazardous energy violations
  • Training requirement for fall protection
  • Eye and Face protection violations
  • Machinery and machine guarding violations

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WRSMH Foundation for Your Future Scholarship 2022

By WRSMH on March 1, 2022

At Wingate, Russotti, Shapiro, Moses & Halperin, LLP, we believe that college is a wonderful place to meet new people, gain valuable knowledge, and advance your career. That’s why we are proud to offer our Foundation for Your Future Scholarship 2022, a $2500 grant open to current college students and college-bound high school seniors across the United States.

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Posted in: Firm News

How Employers Try to Avoid Scaffolding Rules (Labor Law 240)

By WRSMH on February 18, 2022

New York has some of the most extensive scaffolding safety laws. Labor Law 240 was enacted in 1885, a period when state legislators had deep concerns about the safety of workers performing jobs at high elevations. During that era, there were many fatal worker falls – and in New York, these falls continue to plague the industry.

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Safety Precautions for Bricklayers

By WRSMH on February 11, 2022

Bricklayers have a specialized art, with their work enhancing buildings of all types. This job involves inherent risks, and bricklayers and masons are likely to suffer injuries and illnesses directly related to the work they perform. It is necessary to ensure that all safety precautions are in place on any worksite to reduce the risk of a serious or fatal accident.

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Why Construction Workers Are Reluctant to Report Hazards and Injuries

By WRSMH on February 4, 2022

Construction workers are in a difficult position when it comes to reporting an employer who has unsafe working conditions. The construction worker may be fearful of retaliation, losing employment, or be subject to peer pressure to keep quiet. Construction sites are dangerous at the best of times; when an employer is cutting corners and putting workers at risk, the dangers can be extreme. Failing to install all required barriers, provide safety equipment and tools in good working order, and ensure every worker on the site is protected as required by law can save money – but result in lost lives.

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When Is an Independent Contractor on a Construction Site Actually an Employee?

By WRSMH on January 17, 2022

Independent contractors

Employees injured on the job are entitled to workers’ compensation benefits. Companies are not required to provide workers’ comp insurance for independent contractors or self-employed construction workers. Under New York law, there are strict requirements for a worker to be classified as an independent contractor instead of an employee. In some cases, an “independent contractor” on a construction site may actually be an employee under the law.

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