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Mar 01
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Understanding Construction Negligence and Worker Rights in New York

By News, Workers Compensation

Construction work can be dangerous, and accidents on job sites often result in serious injuries. In New York, workers have specific rights and protections designed to keep them safe and ensure they are fairly compensated if something goes wrong. Understanding construction negligence and your rights is crucial for protecting yourself and your future.

What Is Construction Negligence?

Construction negligence occurs when an employer, contractor, or property owner fails to provide a safe work environment and that failure leads to an injury. Examples include:

  • Unsafe scaffolding or ladders
  • Improperly maintained machinery
  • Lack of protective equipment
  • Failure to follow safety regulations

Negligence can result from actions taken or not taken by those responsible for the worksite. Proving negligence often involves showing that the employer had a duty to maintain safety, breached that duty, and caused harm as a result.

Your Rights as a Construction Worker in New York

New York law provides workers with rights and protections to ensure they are supported after a workplace injury:

  • Workers’ Compensation: Most injured workers are entitled to medical care and wage replacement benefits under New York’s workers’ compensation system.
  • Third-Party Claims: In some cases, a third party, such as a contractor or equipment manufacturer, may also be held responsible for your injuries.
  • Legal Support: Consulting an experienced personal injury attorney can help you navigate the claims process, protect your rights, and pursue fair compensation.

Taking Action After an Injury

If you are injured on a construction site:

  1. Seek immediate medical attention.
  2. Report the incident to your employer as soon as possible.
  3. Document the scene and gather any evidence, such as photos or witness statements.
  4. Consult a qualified attorney to discuss your legal options.

Construction negligence can have serious consequences, but New York workers have rights designed to protect them. Knowing what constitutes negligence, understanding your rights, and seeking professional legal guidance are key steps to ensuring you are treated fairly and compensated appropriately.

At Losi & Gangi, our attorneys are committed to protecting injured workers and holding negligent parties accountable. If you or a loved one has been hurt on a construction site, contact us to learn more about your options and get the support you deserve.

Feb 04
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Common Injuries in Slip and Fall Cases and How to Document Them

By Personal Injury

Slip and fall cases are among the most common types of personal injury claims in New York State. With winter conditions increasing the risk of icy sidewalks, wet floors, and uneven surfaces, these incidents become even more frequent. Understanding the types of injuries that occur and how to properly document them is essential when pursuing a claim under New York law.

Slip and fall incidents usually occur on property owned, occupied, or controlled by someone else. Under New York premises liability law, property owners and occupiers have a duty to maintain their property in a reasonably safe condition. When hazardous conditions cause injury, the responsible party may be held legally liable. At Losi & Gangi, we help victims of slip and fall accidents pursue the compensation they deserve by building strong, well-documented cases in accordance with New York law.

Common Injuries in Slip and Fall Accidents

Slip and fall injuries can range from minor bruises to severe, life-altering conditions. In many cases, injuries may not be immediately apparent. Even so, it is critical to seek medical attention and document all injuries, as some conditions may worsen or develop over time, an important factor in New York personal injury claims.

Common injuries include sprained wrists and ankles, broken bones, hip fractures, concussions, and other traumatic brain injuries. More serious injuries may involve soft tissue damage, herniated discs, or spinal trauma, particularly among older adults. These injuries often result in significant medical expenses and long-term treatment, which may be recoverable under New York law.

Proving Negligence in a New York Slip and Fall Case

In New York, negligence occurs when a property owner or responsible party fails to take reasonable steps to prevent foreseeable harm. To succeed in a slip and fall claim, the injured party must establish negligence with clear and credible evidence. This includes proving duty of care, breach of duty, causation, and damages such as medical expenses, lost wages, or pain and suffering.

New York follows a pure comparative negligence rule. This means an injured person may still recover compensation even if they were partially at fault, although their recovery may be reduced by their percentage of fault.

The Importance of Documentation

Proper documentation is critical in New York slip and fall cases. Property owners and insurance companies often attempt to deny liability by claiming they lacked notice of the dangerous condition or that the injuries are exaggerated. Strong documentation helps establish liability, damages, and notice, making a claim harder to dispute.

Key evidence to collect includes photographs of the hazardous condition, witness statements, and detailed medical records documenting the nature and extent of injuries and treatment received.

Slip and Fall Injuries at Work vs. Personal Injury Claims

It is important to understand the difference between a personal injury claim and a workers’ compensation claim under New York law. If a slip and fall occurs while you are performing your job duties, you generally cannot sue your employer directly, even if unsafe conditions contributed to the injury. These cases are typically handled through New York’s Workers’ Compensation system, which provides benefits such as medical coverage and partial wage replacement.

Personal injury claims usually apply when a slip and fall occurs on property owned or controlled by someone other than your employer, such as a retail store, apartment building, or public walkway. In those situations, you may be able to pursue compensation for damages including pain and suffering, in addition to medical expenses and lost income.

Because each case is unique, determining whether your claim falls under workers’ compensation, personal injury law, or both can be complex. Speaking with an experienced attorney can help ensure your claim is handled correctly from the start.

At Losi & Gangi, we focus on New York personal injury cases, including slip and fall accidents. If you have been injured due to a property owner’s negligence, we are here to help. Our team is dedicated to guiding you through the legal process and advocating for your rights. Contact us today for a free consultation so we can review your case and discuss next steps.

Jan 01
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Looking Back at 2025

By News

As we welcome 2026, we at Losi & Gangi are taking a moment to reflect on a year dedicated to advocating for individuals who have been injured at work or through accidents of all kinds. Throughout 2025, our team remained focused on securing fair compensation, protecting access to medical care, and guiding clients through both workers’ compensation and personal injury matters with care and determination.

A Year of Meaningful Outcomes

This past year, we handled a wide range of cases, supporting clients facing workplace injuries, motor vehicle accidents, premises incidents, professional negligence claims, and more. Many matters resulted in strong recoveries that provided financial relief, long-term medical protections, and a path forward during difficult times.

Whether helping an injured worker navigate complex claim requirements or representing an individual hurt due to another party’s negligence, our priority remained the same: ensuring every client received dedicated advocacy and the best possible outcome.

Looking Ahead to 2026

As we enter the new year, our mission continues to stand up for individuals who need trusted legal support after an injury. We look forward to expanding our reach, serving new clients, and continuing to provide experienced representation across both workers’ compensation and personal injury cases.

At Losi & Gangi, we’re proud to work hard for those who rely on us during some of life’s most challenging moments.

If you find yourself or someone you know in need of legal representation for a workplace injury or personal injury case, please contact us. We are here to help.

Dec 01
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Winter Hazards: Legal Considerations for Personal Injury Claims in New York

By News

As winter blankets New York State, icy sidewalks and snow-covered walkways become prevalent hazards. If you or someone you know has suffered a slip and fall injury due to these conditions, it’s crucial to understand your legal rights and the steps to take.

Premises Liability in Winter Conditions

Property owners in New York have a legal obligation to maintain their premises in a safe condition. This includes promptly addressing hazardous conditions like snow and ice accumulation. If a property owner fails to clear walkways, steps, or parking lots within a reasonable time after a storm, they may be held liable for injuries resulting from these hazards.

Who Can Be Held Responsible?

Liability for slip and fall accidents can extend beyond homeowners. Potentially responsible parties include:

  • Property Owners and Landlords: They must ensure their property is safe for tenants and visitors.
  • Business Owners: Commercial property owners have a heightened duty to maintain safe conditions for customers and employees.
  • Municipalities: Local governments may be liable if they fail to maintain public sidewalks or streets in a safe condition.

Statute of Limitations for Personal Injury Claims

In New York, the statute of limitations for most personal injury claims, including slip and fall accidents, is three years from the date of the accident. However, if the incident occurred on public property and you intend to sue a municipality, you must file a Notice of Claim within 90 days and initiate a lawsuit within one year and 90 days of the accident.

Steps to Take After a Winter Slip and Fall Injury

  1. Seek Medical Attention: Even if injuries seem minor, it’s essential to get checked by a healthcare professional.
  2. Document the Scene: Take photos of the hazardous conditions and gather contact information from any witnesses.
  3. Report the Incident: Notify the property owner or manager about the accident and ensure an incident report is filed.
  4. Consult an Attorney: An experienced personal injury lawyer can guide you through the legal process and help determine liability.

Winter conditions in New York can lead to serious slip and fall injuries. Understanding your legal rights and the responsibilities of property owners can help you navigate the aftermath of an accident. If you’ve been injured due to hazardous winter conditions, consider consulting with a personal injury attorney to discuss your options.

For more information or to discuss a potential claim, contact Losi & Gangi today.

Oct 29
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Notable Workers’ Compensation Recoveries in 2025

By Workers Compensation

At Losi & Gangi, 2025 has been a year of significant successes for our clients. Our team secured substantial workers’ compensation recoveries for individuals who suffered serious injuries on the job, ensuring they received the compensation and medical protections they deserve.

Some of the most notable recoveries so far this year include:

  • Over $360,000: A warehouse worker suffered severe injuries while lifting heavy materials, including leg, back, and tailbone injuries. The settlement included a medical set-aside to cover future care.
  • $259,000: A machine operator injured his back and leg due to a mechanical failure while at work, with lifetime medical benefits remaining open.
  • $233,000+: A corrections officer involved in a workplace altercation sustained injuries to the back, neck, and shoulder, securing a settlement with ongoing medical benefits.
  • $215,000: A district manager suffered head and eye injuries after being assaulted at a work function, with funds allocated for future medical care.
  • $212,000+: A driver sustained multiple injuries in separate incidents, including a crush injury to the thorax and a fall from a truck, with a set-aside for ongoing medical treatment.
  • $205,000+: An ultrasound technician was injured while moving heavy equipment, with a medical set-aside to cover future expenses.
  • $200,000: A lead mechanic sustained multiple injuries across several claims, settled in a lump sum with lifetime medical benefits.
  • $185,000+: A sheet metal worker suffered injuries to the back and neck in multiple incidents, with lifetime medical coverage.
  • $177,000+: A corrections officer who fell down stairs at work sustained injuries to the knee, hip, and shoulder, with ongoing medical benefits.
  • $165,000–$166,000: Several workers, including warehouse employees and healthcare assistants, secured settlements after sustaining injuries on the job, with provisions for future care.

These recoveries reflect the wide range of serious injuries our clients have faced so far this year, including back, neck, shoulder, and joint injuries, as well as motor vehicle accidents. Many settlements include provisions for lifetime or future medical care, ensuring long-term protection and peace of mind.

At Losi & Gangi, we remain committed to fighting for the maximum recovery for every client, no matter how complex the case. Our 2025 results so far demonstrate the difference experienced legal advocacy can make for those who have been seriously injured.

If you or a loved one have been injured at work or in an accident, contact Losi & Gangi today to discuss your case and explore your legal options.

Please note: Past results are not a guarantee of future outcomes.

Oct 10
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The Role of Surveillance in Personal Injury Cases in New York

By Personal Injury

In personal injury cases, surveillance refers to observing or recording a claimant’s activities to verify the validity of their injury claims. In New York, insurance companies and defense attorneys often use surveillance to confirm whether a plaintiff’s reported limitations match their actual behavior.

How Surveillance Works

Surveillance can include video recordings, photographs, social media monitoring, and in-person observation. In New York, private investigators may legally observe individuals in public places, but they cannot trespass on private property, record through windows, or secretly capture private conversations without consent. New York is a one-party consent state for audio recordings, meaning at least one party must agree to the recording.

Why It’s Used

Surveillance helps identify exaggerated or fraudulent claims, gather evidence that may contradict the plaintiff’s statements, and influence settlements or court decisions.

Social Media and Public Information

Posts on social media are public and can be used as evidence. Even innocent-looking posts or photos outside the home can suggest activity inconsistent with claimed injuries.

Impact on a Case

  • For the Defense: Surveillance can reduce settlements, discredit claims, or strengthen court arguments.
  • For the Plaintiff: Honest claimants can use observations and records to confirm limitations and support the impact of their injuries.

Tips for Claimants

  • Be truthful about your injuries and limitations.
  • Follow all medical advice and restrictions.
  • Limit public activity and social media posts that could be misinterpreted.
  • Assume public observation is possible, especially around depositions or court appearances.

Surveillance is a legal and powerful tool in New York personal injury cases. Working with an experienced legal team ensures your case is handled strategically and professionally. At Losi & Gangi, our attorneys guide clients through every stage of personal injury and workers’ compensation claims with expertise and care.

Sep 10
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Workers’ Compensation for Seasonal Workers: What You Need to Know

By News

If you are a business owner in New York State who hires seasonal workers, or if you are a seasonal employee yourself, understanding your rights and responsibilities under New York’s Workers’ Compensation Law is crucial.

Many assume that short-term or temporary jobs do not require the same protections as full-time positions, but that is a misconception that can lead to serious legal and financial consequences.

Here’s what you need to know:

Are Seasonal Workers Covered?

Yes. In New York, seasonal, part-time, and temporary employees are all considered employees under the Workers’ Compensation Law. This means that employers must provide workers’ compensation coverage, even if someone was just hired for a few days. In addition, seasonal workers are entitled to medical care and wage replacement if injured on the job.

What Does Workers’ Compensation Cover?

If a seasonal worker is injured at work, they are entitled to medical treatment such as doctor visits, procedures, and even travel costs for treatment. They are also entitled to lost wages, including temporary or permanent disability payments, and in fatal cases, death benefits.

  • Temporary disability benefits: Workers may receive a percentage of their wages if they cannot work temporarily due to the injury.
  • Permanent disability benefits: Workers may qualify for additional compensation based on the extent of the disability.
  • Fatal cases: A worker’s family may receive funeral expenses and ongoing financial support.

How to File a Workers’ Compensation Claim in New York

If an employee is injured on the job, it is important that the injury is reported immediately, ideally within 30 days of the incident. To avoid forfeiting benefits, injured employees must submit Form C-3 to the New York State Workers’ Compensation Board within two years of the injury.

In addition, injured workers must visit a healthcare provider authorized by the Workers’ Compensation Board in order to receive treatment and provide the necessary medical documentation. This is critical, because failure to present medical records documenting the incident could result in the denial of a claim if there is no evidence of a work-related injury.

Potential Challenges

Seasonal workers often face unique challenges when filing a workers’ compensation claim, including:

  • Employment status disputes: Some employers attempt to classify workers as independent contractors, which would make them ineligible for workers’ compensation. But just because an employer classifies workers as independent contractors doesn’t make it so. In many such cases the worker is still entitled to workers’ compensation benefits.
  • Responsibility confusion: When staffing agencies place workers with other employers, it can be unclear which business is responsible for providing benefits, often causing delays in the claims process.
  • Lack of awareness: Many seasonal workers are unaware of their rights under New York’s Workers’ Compensation Law. As a result, they may delay filing claims, risking denial for late reporting.

Navigating a workers’ compensation claim, especially as a seasonal worker or an employer with short-term staff, can be overwhelming. That is where we come in. At Losi & Gangi, we specialize in providing clients with competent and professional representation for workers’ compensation and personal injury law cases.

Contact us today at 716.854.1446.

Source: https://www.wcb.ny.gov/content/main/Workers/file-claim.jsp

Aug 08
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Navigating Workers’ Compensation for Repetitive Strain Injuries in New York

By News

Repetitive strain injuries (RSIs), also known as repetitive stress injuries, are common among workers in various industries in New York. These injuries result from repetitive motions or overuse of specific body parts, leading to conditions such as carpal tunnel syndrome, tendonitis, and bursitis. Understanding how to navigate workers’ compensation for RSIs is crucial for affected employees.

Understanding Workers’ Compensation for RSIs

In New York, workers’ compensation provides benefits to employees who suffer work-related injuries or illnesses, including RSIs. However, to qualify for these benefits, certain criteria must be met:

  1. Work-Relatedness: The injury must arise out of and in the course of employment. This means the repetitive activities causing the injury must be integral to the job duties. For instance, an office worker who develops carpal tunnel syndrome due to extensive typing may be eligible for workers’ compensation.
  2. Medical Documentation: Accurate and thorough medical documentation is essential. Healthcare providers must detail the patient’s job title, specific duties, duration of tasks, and how these activities contribute to the injury. General knowledge of the patient’s job is insufficient; specific documentation linking the injury to work activities is required.
  3. Timely Reporting: Employees must report the injury to their employer as soon as possible. Delays in reporting can complicate the claims process and may lead to denials.
  4. Filing the Claim: After reporting the injury, employees should file a claim with the New York State Workers’ Compensation Board. This initiates the process for receiving benefits, including medical treatment and wage replacement.

Legal Assistance

Given the complexities involved, consulting with an experienced workers’ compensation attorney can be beneficial. An attorney can help ensure all necessary documentation is in order, represent the employee in hearings, and advocate for their rights throughout the process.

If you or someone you know is experiencing symptoms of a repetitive strain injury, it’s important to take prompt action. Seek medical attention, report the injury to your employer, and consider consulting with a workers’ compensation attorney to navigate the claims process effectively. Contact Losi & Gangi today to learn more.

Jul 10
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The Importance of Legal Representation in Catastrophic Injury Cases

By News

A catastrophic injury is more than just a medical event — it’s a life-altering experience that can leave lasting physical, emotional, and financial consequences. Whether caused by a workplace accident, vehicle collision, or defective product, catastrophic injuries often require extensive medical care, long-term rehabilitation, and can permanently affect a person’s ability to work or live independently.

In New York State, pursuing compensation for catastrophic injuries involves navigating complex laws, insurance policies, and state-specific regulations. Having experienced legal representation is critical to ensuring you and your family obtain the full support and justice you deserve.

What Constitutes a Catastrophic Injury?

Under New York law, catastrophic injuries typically include:

  • Traumatic brain injuries (TBI)
  • Spinal cord injuries and paralysis
  • Severe burns
  • Amputations
  • Loss of vision or hearing
  • Multiple fractures or severe internal injuries

These injuries often lead to permanent disability or major impairment, requiring lifelong medical care and support.

Why Experienced Legal Representation Matters in New York

  • Navigating Complex Legal and Medical Issues

Catastrophic injury claims in New York often involve detailed investigations, expert medical testimony, and complicated insurance and liability disputes. New York’s legal framework requires strict adherence to procedural rules, deadlines, and evidence standards that a skilled attorney can manage.

At Losi & Gangi, we collaborate with top medical experts, accident reconstruction specialists, and financial analysts to build strong cases tailored to New York’s courts and insurance system.

  • Securing Full and Fair Compensation

The true cost of a catastrophic injury far exceeds initial medical bills. In New York, claimants can pursue compensation not only for current and past medical expenses, but also for:

    • Future medical treatment and rehabilitation
    • Lost wages and diminished earning capacity
    • Pain and suffering
    • Emotional distress
    • Costs for home and vehicle modifications needed due to disability

New York courts recognize the lifelong impact these injuries have on victims, and it’s vital to work with attorneys who understand how to calculate and argue for comprehensive damages.

3. Protecting Your Rights Through New York’s Legal System

Injured individuals often face insurance companies and legal obstacles that can delay or reduce rightful compensation. New York law provides certain protections, but only when you have strong legal counsel advocating on your behalf.

Losi & Gangi provides clear guidance through this overwhelming process, handling all aspects of your claim so you can focus on recovery. We are dedicated to keeping you informed and supported at every stage.

The Role of Workers’ Compensation and No-Fault Laws in Catastrophic Injuries

In New York, some catastrophic injuries resulting from workplace accidents may be covered under Workers’ Compensation, which provides medical benefits and wage replacement. However, Workers’ Compensation typically limits the ability to sue employers, so understanding your rights and possible third-party claims is crucial.

Similarly, if your injury occurred in a motor vehicle accident, New York’s No-Fault Insurance law provides prompt medical and wage benefits but does not cover pain and suffering unless the injury meets the “serious injury” threshold. A knowledgeable attorney can help you determine the best path to maximize your recovery under these state-specific laws.

How Losi & Gangi Can Help Catastrophic Injury Victims in New York

Catastrophic injury cases require deep knowledge of New York statutes, case law, and procedural rules, along with access to the right experts and resources. At Losi & Gangi, we bring decades of experience and unwavering commitment to every case.

If you or a loved one has suffered a catastrophic injury in New York, don’t wait to seek help. Contact Losi & Gangi for a consultation – we are here to protect your rights and fight for the future you deserve.

Sources:

https://www.wcb.ny.gov/content/main/hcpp/MedicalTreatmentGuidelines/TraumaticBrainInjuryMTG2021.pdf?utm_source=chatgpt.com

https://www.wcb.ny.gov/content/main/hcpp/ImpairmentGuidelines/2012ImpairmentGuide.pdf?utm_source=chatgpt.com

Jun 23
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Understanding the Subrogation Process in Personal Injury Cases

By Personal Injury

If you’ve been injured in an accident in New York and received payments from your health or auto insurance, subrogation may impact your personal injury settlement. At Losi & Gangi, we want you to understand how this legal process works — and how we can help protect your recovery.

What Is Subrogation?

Subrogation allows your insurance company to recover money they paid on your behalf (like medical bills) from any compensation you receive from the party responsible for your injury. For example, if your insurer covered $10,000 in medical bills and you later settle your case for $50,000, they may request repayment of that $10,000.

How It Works in New York

In New York State, insurers have the right to assert subrogation claims, but these are subject to important limitations. Many subrogation claims must comply with state statutes and public policy, especially those involving government benefit programs like Medicaid or Medicare.

Can Subrogation Be Reduced?

Yes. New York follows the “common fund doctrine,” meaning your insurer may have to reduce their claim to account for your attorney’s role in recovering funds. This helps ensure that you’re not unfairly penalized for using legal counsel.

At Losi & Gangi, we work to negotiate and reduce subrogation claims, allowing you to keep more of your settlement.

Why It Matters

Subrogation ensures the at-fault party, not your insurer, pays for your damages. While it may reduce your final award, it also supports fair and efficient insurance practices.

How We Help

The subrogation process can be complex, but you don’t have to face it alone. We’ll:

  • Review any subrogation claims for validity
  • Negotiate to minimize repayment
  • Maximize the compensation you keep

If you’ve been injured and are facing a potential subrogation claim, contact Losi & Gangi today for a consultation. We’re here to fight for your rights, and your recovery.

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