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Essential Steps to Take Following a Construction Accident Injury

By Workplace Safety

Experiencing a construction accident can be overwhelming, but knowing the right actions to take afterward is crucial. At Losi & Gangi, we’re committed to ensuring you understand your rights and receive the support you deserve after such incidents. In the aftermath of a construction accident, following these steps diligently can help protect your rights and facilitate the process of obtaining the support and compensation you need for recovery. Here are the key steps to follow:

  • Prioritize Medical Attention: The first and most critical step is to seek medical help immediately. Your health and well-being are paramount, so ensure your injuries receive prompt and proper medical care.
  • Notify Your Employer: It’s imperative to inform your employer about the accident as soon as possible. Notifying them promptly is essential for initiating the necessary reports and ensuring eligibility for workers’ compensation benefits.
  • Collect Vital Information: Gathering relevant details is pivotal for building a strong case. Obtain contact information from witnesses, take photographs of the accident scene if feasible, and retain copies of medical bills and receipts for expenses incurred due to the injury.
  • Document Evidence: Recording evidence is crucial for establishing the extent of your injuries and any negligence on the part of your employer. Maintaining thorough medical records and seeking legal assistance can significantly strengthen your claim.
  • Consider Legal Recourse: If you’ve sustained a severe injury in a construction accident, seeking legal guidance is advisable. An experienced attorney can help you navigate the complexities of filing a claim and ensure you understand your rights and entitlements.

At Losi & Gangi, we offer complimentary consultations for personal injury and workers’ compensation cases. Contact us today or call 716-854-1446 to schedule your free consultation and take the first step towards seeking the compensation you deserve.

Promoting Construction Worker Safety in 2024

By Workplace Safety

As we enter the new year, it’s critical to prioritize the safety and well-being of those working in construction. Construction is a high-risk, dangerous job, where workers are frequently injured due to factors like unsafe working conditions, insufficient training, and more. The new year presents a great opportunity to refresh workers on training and safety procedures, as well as introduce any new measures to improve the safety and effectiveness of workers. In this blog, we cover essential construction safety tips workers should adhere to for maximum safety and protection in 2024.

Review and Update Safety Training:

Regularly refreshing safety training is vital to keep it at the forefront of workers’ minds. January marks an opportune time to revisit existing safety protocols and introduce any new regulations to enhance worker safety in the upcoming year.

Weather Preparedness:

As Western New York is known for its  harsh winters, workers must be adequately equipped for snow, high winds, and frigid conditions. Providing proper clothing, gear, and equipment is essential to protect against cold weather, rain, and extreme cold.

Health and Wellness:

Acknowledging the rising concerns about mental health in the construction industry, employers should emphasize the well-being of their employees. This involves promoting a culture that prioritizes regular breaks, hydration, and proper nutrition to mitigate the toll that demanding job requirements can take on workers.

Emergency Procedures:

In the event of an emergency, swift and informed action is crucial. Employers should ensure that all workers are familiar with emergency procedures, including the locations of first aid kits, fire extinguishers, emergency exits, and more.

Regular Safety Inspections:

Conducting scheduled safety inspections is a proactive measure to identify and address potential hazards, preventing accidents. These inspections should encompass equipment, workspaces, and adherence to safety protocols. Any identified hazards should be promptly addressed to create a safer working environment.

At Losi & Gangi, our commitment is to protect the well-being of workers. If you’ve suffered a job-related injury, you are entitled to compensation. Our trained attorneys are ready to guide you through the process. Contact us today at 716-854-1446 for a free consultation and let us help you get the compensation you deserve.

The Role of an Expert Witness in Personal Injury Cases

By Personal Injury

The presence of an expert witness is critical in personal injury cases, as they can significantly help influence and shape the outcome of legal proceedings. These professionals bring impartial opinions and testimony to the forefront, serving as instrumental assets throughout the litigation process.

The qualifications of an expert witness are important to their effectiveness in court. It is imperative that these individuals possess a high level of credibility, and possess extensive experience, specialized education, and relevant professional certifications. Their expertise and credentials not only enhance their standing but also bolster the weight of their testimony.

There are several advantages of incorporating an expert witness into a personal injury case. One of the primary benefits lies in the ability of these experts to fortify the plaintiff’s claim. By presenting solid evidence and leveraging their professional insights, an expert witness can thoroughly assess the nature of injuries sustained and project their long-term impact on the individual’s life.

Moreover, expert witnesses take into account a variety of factors that contribute to the overall evaluation of damages. This includes a meticulous examination of medical expenses, lost wages, pain and suffering, and the discernible decline in the quality of life experienced by the injured party. Through their specialized knowledge, these experts provide a comprehensive understanding of the multifaceted repercussions of the injury, thereby contributing significantly to the plaintiff’s case.

In essence, an expert witness’s ability to provide unbiased, informed opinions, and offer their expertise makes them highly valuable individuals to assist with personal injury cases. At Losi & Gangi, our attorneys fight hard to ensure you get the compensation you are entitled to and deserve. For a free consultation, contact us today or call 716-854-1446 today.

Returning to Work After a Workplace Injury: Your Rights and Options

By News

Understanding your rights and available choices is vital when resuming work after a workplace injury. Rushing your recovery process can lead to potential re-injury. In this blog post, we will explore essential considerations when returning to work following a workplace injury.

Keep Your Employer Updated: It’s essential to maintain open communication with your employer throughout the recovery process. This includes sharing information about your progress, attending medical appointments, and providing updates on your condition. Keeping your employer informed allows them to make necessary accommodations when you do return to work.

Do Not Return Until Your Doctor Clears You: Returning to work prematurely, before your doctor has declared you fit to do so, can pose serious risks. It may lead to a re-injury or prolonged recovery. Always follow your healthcare provider’s recommendations and wait for their clearance to ensure a safe and successful return to work.

Ask for Accommodations: If your workplace injury has resulted in permanent or long-term limitations, it’s essential to request reasonable accommodations. The Americans with Disabilities Act (ADA) requires employers to provide accommodations to employees with disabilities, including those arising from workplace injuries. Discuss potential accommodations with your employer to help you perform your job effectively.

Return-to-Work Programs: Many employers have established return-to-work (RTW) or stay-at-work (SAW) programs to support injured employees during their transition back to the workplace. These programs are designed to facilitate a smooth and safe return. Contact your Human Resources department to learn more about the specific RTW or SAW policies and programs available at your workplace. 

If you’ve experienced a workplace injury and are concerned about your rights during the return-to-work process, it’s crucial to seek legal guidance and support. Losi & Gangi is here to help. We are committed to ensuring that you receive the compensation and accommodations you are entitled to.

For a free consultation and to learn more about your rights, please contact Losi & Gangi at 716-854-01446. Our experienced team is ready to assist you in navigating the complexities of workers’ compensation and advocating for your best interests. Your well-being and legal rights matter to us, and we’re here to guide you through the process.

Source: https://www.wcb.ny.gov/returntowork/injured-worker.jsp

The Significance of Recording Your Injuries and Costs in a Personal Injury Lawsuit

By Personal Injury

When dealing with a personal injury lawsuit, maintaining a comprehensive record of your injuries and associated expenses holds significant importance. The presence of solid evidence and substantiated records of your injuries greatly enhances the strength and success of your legal case. Our team of personal injury attorneys at Losi & Gangi can help walk you through the process, and inform you on what you need to know.

Three Key Reasons Why Comprehensive Medical Documentation Holds Crucial Importance in a Personal Injury Lawsuit:

Establishing Injury Existence and Attributes: Thorough medical documentation serves to confirm the occurrence, nature, severity, and origin of your injuries. This documentation forms the bedrock of your case, enabling you to establish a direct causal link between the accident and the injuries sustained due to the defendant’s actions or negligence

Addressing Pre-existing Conditions: Medical documentation is instrumental in two facets concerning pre-existing health conditions. It can validate that the plaintiff had no previous health concerns related to the injury prior to the accident. Conversely, it can also assist plaintiffs with pre-existing conditions in proving that their injuries are indeed fresh and are a result of the accident.

Determining Appropriate Compensation: Medical records play a pivotal role in determining the fitting amount for settlement or judgment. This encompasses not only quantifiable economic damages but also intangible non-economic damages like psychological distress or persistent pain.

In essence, the abundance of medical documentation amassed by you and your legal representative significantly bolsters your position. Legal professionals utilize these medical records to calculate a suitable compensation figure that adequately addresses your pain and suffering.

Types of Medical Records to Gather:Your medical records should encompass a range of items, such as:

  • Official diagnosis from medical professionals
  • Detailed itemized medical bills
  • Elaborate notes from medical appointments

Important to Keep in Mind: During the process of gathering medical records, it’s advisable to include any material even remotely relevant to your case.

Inclusive List of Bills and Expenses: Your documentation should encompass various expenses, including but not limited to:

  • Costs incurred for surgical procedures
  • Fees associated with ambulance services
  • Expenses related to blood tests or scans
  • Medical consultations and appointments
  • Expenditures for physical therapy and rehabilitation
  • Outlays for prescribed medications
  • Charges linked to diagnostic imaging like X-rays or CT scans

Moreover, don’t overlook out-of-pocket expenses. The aftermath of a severe injury involves a protracted and often costly recovery journey. These out-of-pocket expenses can rapidly accumulate, heightening the financial strain on the victim. Keep meticulous track of expenditures like medication, medical supplies, healthcare services, and requests for medical documents.

Capturing Injuries Through Photography:

Harnessing the power of visual evidence, photographs hold remarkable sway within your personal injury case. Snap images of any visible injuries—bruises, fractures, cuts—and remember to regularly update these pictures as your injuries progress toward recovery.

A combination of bills, thorough medical documentation, and photographic evidence collectively shapes the foundation for a compelling personal injury case. If you’re seeking assistance, our team of personal injury attorneys at Losi & Gangi can help guide you through the process. Contact us today for a free consultation.

Source: https://www.hg.org/legal-articles/what-medical-documentation-do-you-need-for-a-successful-personal-injury-claim-51768

10 Essential Tips for Preventing Workplace Injuries

By Workplace Safety

Ensuring the safety and well-being of employees should be a top priority for any business. With proactive measures and a strong commitment to safety, employers can establish a secure work environment for their team. Continue reading to learn 10 essential tips to help prevent personal injuries in the workplace.

  1. Establish a Comprehensive Safety Program: Develop a robust safety program that covers all aspects of your business operations. The program should include safety policies, procedures, and guidelines tailored to the specific risks associated with your industry and work environment.
  2. Prioritize Employee Training: Invest in thorough and ongoing employee training. Ensure that all staff members are well-versed in safety protocols, know how to handle equipment properly, and understand potential hazards unique to their roles.
  3. Conduct Regular Safety Inspections: Schedule regular safety inspections to identify and address potential hazards promptly. Keep detailed records of these inspections and follow up on any issues that require attention.
  4. Provide Personal Protective Equipment (PPE): Supply employees with appropriate personal protective equipment, such as helmets, safety glasses, gloves, and ear protection. Ensure that employees use PPE consistently and that it is replaced when worn out.
  5. Encourage Open Communication: Create an environment where employees feel comfortable reporting safety concerns or near-miss incidents without fear of reprisal. Encouraging open communication will help identify potential risks and address them before accidents occur.
  6. Implement Ergonomic Practices: Promote ergonomic practices to reduce the risk of musculoskeletal injuries. Adjust workstations to promote good posture and invest in ergonomic chairs and tools where necessary.
  7. Maintain Equipment Regularly: Regularly inspect and maintain all machinery and equipment. Proper maintenance reduces the risk of accidents caused by equipment malfunctions.
  8. Foster a Culture of Safety: Lead by example and foster a culture of safety throughout your organization. Show that you prioritize safety, and encourage employees to do the same.
  9. Plan for Emergencies: Establish clear emergency plans, including evacuation procedures and designated assembly points. Conduct regular drills to ensure employees know how to respond in case of an emergency.
  10. Seek Legal Advice When Needed: In the unfortunate event of a workplace injury, consult with a workers’ compensation and personal injury attorney immediately. Our experienced attorneys at Lost & Gangi can guide you through the legal process, protect your rights, and ensure you are getting the compensation you are entitled to.

By implementing these ten essential tips and prioritizing the safety of your employees, employers can create a secure work environment and reduce the likelihood of injuries on the job. If you have been injured at work, do not hesitate to get the workers’ compensation you deserve. Our experienced attorneys at Losi and Gangi will make sure you are represented fairly throughout every step of your case. Call us today at 716-854-1446 for a free consultation.

Keeping Workers Safe in the Heat

By Workplace Safety

With June being National Safety Month, it is essential to highlight the significance of prioritizing safety in the construction industry, particularly during the warm weather of the summer season. As temperatures rise, construction workers face increased risks of heat-related issues. In this blog post, we have outlined essential tips for construction workers to follow while working out in the heat.

Stay Hydrated: One of the most important steps to prevent heat-related illnesses is proper hydration. Encourage workers to drink plenty of water throughout the day, and provide easy access to cool, clean drinking water on the construction site. Be sure to promote regular breaks in shaded areas to allow workers to rehydrate.

Schedule Smart: Plan work schedules to minimize exposure to extreme heat. Consider adjusting start times to avoid the hottest parts of the day. Utilize early mornings or late afternoons for more physically demanding tasks, reserving indoor or shaded areas for midday breaks or less strenuous work.

Provide Protective Gear: Supply appropriate personal protective equipment (PPE) for hot weather conditions. Lightweight, breathable clothing and wide-brimmed hats can help shield workers from direct sunlight. Additionally, high-visibility vests or shirts that incorporate moisture-wicking materials can enhance worker comfort and visibility.

Training and Education: Ensure all workers receive comprehensive training on heat-related illnesses, their symptoms, and preventive measures. Educate them about recognizing the signs of heat exhaustion and heatstroke and emphasize the importance of reporting any discomfort promptly. Encourage workers to look out for one another and create a culture of safety and support.

Shade and Rest Areas: Set up designated rest areas with shade where workers can take breaks and cool down. Install temporary shelters or canopies to provide relief from direct sunlight.

Heat Stress Monitoring: Consider using heat stress monitoring devices or apps that can provide real-time information about weather conditions and heat stress levels on the construction site. This data can help supervisors make informed decisions regarding work breaks, adjustments to tasks, or even temporary suspension of work if necessary.

At Losi and Gangi, we want to ensure you are protected and safe. If you experienced a heat-related illness while on the job, contact us or call us today at 716-854-1446 for a free consultation. Our experienced attorneys will make sure you are represented fairly throughout every step of your case.

Understanding the Difference Between Workers Compensation and Personal Injury Cases

By Workers Compensation

 

In New York State (NYS), workers’ compensation and personal injury cases are two distinct types of legal claims that provide injured individuals with different avenues for seeking compensation for their injuries.

Workers’ compensation is a system designed to provide benefits to employees who suffer work-related injuries or illnesses. These benefits can include medical treatment, wage replacement, and other types of financial assistance. In NYS, most employers are required to carry workers’ compensation insurance, and employees who are injured on the job are generally eligible for benefits regardless of who was at fault for the accident.

Personal injury cases, on the other hand, are lawsuits brought by individuals who have been injured as a result of someone else’s negligence or intentional misconduct. These cases can arise from a wide range of situations, including car accidents, slip and fall accidents, medical malpractice, and product liability. In a personal injury case, the injured individual (the plaintiff) seeks compensation from the person or entity responsible for causing their injuries (the defendant).

One of the main differences between workers’ compensation and personal injury cases is fault. In a workers’ compensation case, fault is generally not a factor. As long as the injury occurred while the employee was performing their job duties, they are generally eligible for benefits regardless of who was at fault for the accident. In a personal injury case, on the other hand, the plaintiff must prove that the defendant was negligent or engaged in intentional misconduct that caused their injuries.

Another key difference is the types of damages that are available. In a workers’ compensation case, the benefits are typically limited to medical expenses, wage replacement, and certain other types of financial assistance. In a personal injury case, however, the plaintiff may be able to recover a much wider range of damages, including compensation for medical expenses, lost wages, pain and suffering, and more.

It is important to note that in some cases, an injured individual may be able to pursue both a workers’ compensation claim and a personal injury lawsuit. For example, if an employee is injured on the job due to the negligence of a third party (someone who is not their employer or a co-worker), they may be able to file a personal injury lawsuit against that third party while also receiving workers’ compensation benefits.

Overall, the differences between workers’ compensation and personal injury cases in NYS can be significant. If you have been injured and are considering your legal options, it is important to consult with an experienced attorney. Our professional attorneys at Losi & Gangi can help you understand which type of claim is appropriate for your situation and help you get the compensation you deserve. Contact us today or call 716-854-1446.

Common Mistakes to Avoid When Filing a Workers Compensation Claim

By Workers Compensation

Filing a workers’ compensation claim can be a complex process, and mistakes made during the process can result in delays or even denial of benefits. Here are some common mistakes to avoid when filing a workers’ compensation claim:

  1. Failing to report the injury promptly: If you delay reporting your injury, it may raise questions about the legitimacy of your claim. Most states have a specific time limit for reporting workplace injuries, so make sure to report the incident to your employer as soon as possible.
  2. Not seeking medical treatment immediately: Even if your injury seems minor, you should seek medical attention as soon as possible. A delay in treatment can lead to the injury worsening and can hurt your claim’s credibility.
  3. Failing to disclose all injuries: You must disclose all injuries related to the incident, even if they seem minor. If you fail to report an injury, it may raise questions about the legitimacy of your claim.
  4. Not following doctor’s orders: If you receive medical treatment, you must follow the doctor’s orders. Failure to do so can be seen as a lack of cooperation, which can harm your claim.
  5. Failing to provide detailed information: It’s crucial to provide as much detail as possible about the incident and the injury. Failing to do so can lead to delays or a denial of your claim.
  6. Not seeking legal assistance: Workers’ compensation laws can be complicated, and it can be challenging to navigate the process on your own. Consider consulting with an experienced workers’ compensation attorney who can guide you through the process and help you avoid making mistakes that can harm your claim.
  7. Failing to meet deadlines: Each state has specific deadlines for filing workers’ compensation claims, and missing a deadline can result in a denial of benefits. Make sure you understand the deadlines in your state and file your claim on time.

In summary, to ensure that your workers’ compensation claim is successful, report your injury promptly, seek medical attention immediately, disclose all injuries, follow your doctor’s orders, provide detailed information, seek legal assistance, and meet all deadlines. If you have been injured at work, do not hesitate to get the workers’ compensation you are entitled to and deserve. Our experienced attorneys at Losi and Gangi will make sure you are represented fairly throughout every step of your case. Call us today at 716-854-1446 for a free consultation.

Workers’ Compensation Settlements 2022

By Settlements & Verdicts

An East Aurora, NY woman sustained injuries to multiple body sites while involved in an incident at her workplace. She received an $85,926.96 settlement with lifetime medical benefits. 

A West Seneca, NY woman received a settlement of $87,000.00 with lifetime medical benefits after she sustained multiple injuries from a fall on ice outside her place of employment.

An LPN from Lockport, NY settled her claim for $113,500.00 after injuring multiple body sites at her workplace while pregnant. Her settlement provides for ongoing medical benefits.

An Allegany, NY LPN received $85,270.00 in a settlement that includes lifetime medical benefits after injuring her back while tending to a patient. 

A drywaller from Cheektowaga, NY settled his claim for $225,500.00 after he injured his neck at work. His settlement includes a set-aside for future medical treatment. 

An Angola, NY worker injured her back while doing heavy lifting at her job, resulting in surgery. Her settlement of $119,000.00 includes a medical set-aside for future treatment, as well as an annuity.

A Niagara Falls, NY bakery clerk suffered multiple injuries and a concussion, after which she settled her claim for $128,824.46. The terms of her settlement include a medical set-aside of $42,591.00.

A registered nurse from Amherst, NY sustained numerous injuries while assisting a patient in the ER. She settled her case for $241,239.06, with $105,758.00 of these funds being set aside for her future medical needs.

A West Seneca, NY man received an indemnity settlement of $145,000.00 after he suffered hearing loss, migraines and PTSD following an explosion at his workplace.

A construction worker from Buffalo, NY sustained several injuries while finishing concrete, resulting in a $127,500.00 settlement. His agreement also includes a set-aside of $15,000.00 for future medical expenses.

A Cherry Creek, NY healthcare worker sustained multiple injuries while caring for a patient, requiring several surgeries, settled her claim for $135,049.25. Her medical benefits will continue for life.

A Buffalo, NY maintenance worker injured multiple parts of his body, eventually resulting in a $140,250.00 settlement. Per the terms of his agreement, the insurance carrier will cover his related medical bills for life. 

This worker from Williamsville, NY injured his neck and left shoulder while doing heavy lifting as a construction manager. He received a settlement of $127,500.00, with his medical benefits continuing for life. 

A West Seneca worker sustained numerous injuries in a fall at her job at a furniture store and was awarded a settlement of $127,500.00. Her medical benefits remain open.  

An HVAC technician from Newfane, NY sustained numerous injuries when he fell from a ladder while on the job, requiring multiple surgeries. A $486,478.26 settlement was reached, with a set-aside of $40,226.40 for his future medical needs. 

A quality control inspector from Tonawanda, NY who sustained injuries to her back settled her claim for $119,890.70. An allocation of $34,037.00 was set aside for her future medical expenses.

A Buffalo, NY registered nurse suffered multiple injuries to several body sites while assisting a patient and required surgery. She received a settlement of $136,000.00, and the settlement provides for the continuation of medical benefits throughout her life. 

A North Tonawanda, NY truck driver who sustained a back injury while in the course of his employment received a settlement of $301,741.00, of which $126,741.00 is to be set aside for his future medical expenses.  

A Blasdell, NY man injured his neck and right shoulder while working as a delivery driver, requiring surgery. He settled his claim for $104,737.00, and his settlement provides for the continuation of medical benefits throughout his life.

A Rochester, NY man suffered a serious injury when working as a finisher/cutter and the radial arm saw he was working at malfunctioned, resulting in amputation at the left wrist. He settled his claim for $92,806.63, with lifetime medical benefits to continue.

A Buffalo, NY nursing assistant was injured several body sites assisting an inmate at a correctional facility. She was awarded $110,500.00 in a settlement that provides for lifetime medical benefits. 

A Buffalo, NY laborer sustained neck and arm injuries from repetitive motion at her place of employment, resulting in a settlement of $141,450.00. Her medical benefits remain open for the course of her lifetime.

A truck driver from Rochester, NY who injured his thoracic spine and shoulder at work received a settlement of $174,178.00, with $78,280.00 set aside for his future medical needs. 

A Randolph, NY truck driver who was injured while loading trucks, requiring surgery, was awarded $185,704.00 in a settlement that includes a set-aside of $43,204.00 to be allocated for the injured worker’s future medical needs.

An Alden, NY RN injured his back on the job, requiring surgery, and settled his case for $148,750.00. His settlement includes an allocation of $6,076.91, set aside for future medical needs.

A North Tonawanda, NY man who suffered a major industrial accident involving a conveyor belt received a settlement of $136,000.00, with lifetime medical benefits continuing.

A Lakewood, NY bus driver who was injured in a head-on collision received a settlement of $90,819.00, inclusive of a $16,819.00 allocation for her future medical expenses.

A phlebotomist from North Tonawanda, NY injured multiple body sites when she fell on ice while loading a truck at her place of employment. Her settlement of $137,068.00 includes a medical set-aside of $41,365.00, as well as an annuity for future medical expenses.

A Cheektowaga, NY man developed and sustained a low back injury while lifting an overhead door, resulting in a settlement of $247,512.00, with a set-aside of $31,123.00 to be allocated toward future medical needs. 

A Buffalo, NY assembly line worker who injured her low back received a settlement of $85,000.00, with medical benefits continuing for life.

An EMT from Hamburg, NY sustained injuries to his neck and spine when transferring a patient to a stretcher and the stretcher dropped. He was awarded a settlement of $103,700.00, with lifetime medical benefits continuing. 

A laborer from Olean, NY injured his shoulder, arm, and wrist when he fell on ice while pulling a heavy wheelbarrow of charcoal at his place of employment. He settled his claim for $125,831.23, with an allocation of $20,449.30 set aside for his future medical needs.

A Niagara Falls, NY assembly worker who sustained serious back injuries on the job settled his claim for $97,558.00. His settlement provides for continuing medical benefits for life.