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Aug 01
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Understanding Qualifying and Non-Qualifying Injuries for Workers’ Compensation in New York State

By Workers Compensation

Workers’ compensation benefits are intended to help employees who suffer work-related injuries or illnesses while performing their job duties. In New York State, most employers are required to carry workers’ compensation insurance, which may provide injured workers with medical treatment, wage replacement benefits, and other financial assistance.

However, not every injury automatically qualifies for workers’ compensation benefits. Understanding what types of injuries are generally covered, and which may not be covered, is important when determining whether you may have a valid claim under New York law.

Qualifying Injuries Under New York Workers’ Compensation Law

In New York State, a workplace injury generally qualifies for workers’ compensation if it arises out of and in the course of employment. In other words, the injury must be connected to the employee’s work duties or work environment.

Common qualifying injuries may include:

  • Slip and fall accidents at work
  • Construction site injuries
  • Injuries caused by machinery or workplace equipment
  • Repetitive stress injuries, including carpal tunnel syndrome
  • Back, neck, and shoulder injuries from lifting or physical labor
  • Occupational illnesses caused by workplace exposure
  • Motor vehicle accidents that occur while performing work-related duties

New York workers’ compensation law also recognizes injuries and illnesses that develop gradually over time due to repetitive motions or long-term workplace conditions.

Injuries That May Not Qualify

While every case is different, certain injuries or situations may not qualify for workers’ compensation benefits in New York State.

Examples may include:

  • Injuries that occur outside the scope of employment
  • Accidents that happen while commuting to or from work in most situations
  • Injuries resulting from horseplay or intentional misconduct
  • Injuries involving intoxication or drug use that caused the accident
  • Medical conditions unrelated to employment

It is important to understand that insurance carriers may dispute claims for many reasons, including arguments that the injury was not work-related or that there is insufficient medical evidence connecting the condition to employment.

The Importance of Reporting an Injury

Under New York workers’ compensation law, injured employees are generally required to notify their employer of a workplace injury within 30 days. Failing to report an injury promptly can create challenges when pursuing benefits and may result in delays or denials.

After a workplace injury, employees should:

  • Report the injury to their employer as soon as possible
  • Seek medical attention promptly
  • Follow medical recommendations and treatment plans
  • Keep records related to the injury, treatment, and time missed from work

Proper documentation can play a major role in supporting a workers’ compensation claim.

Can You Still Pursue Benefits if Your Claim Is Denied?

A denied workers’ compensation claim does not necessarily mean you are out of options. In some cases, claims are denied because of disputes regarding how the injury occurred, whether it was connected to work duties, or whether enough medical evidence exists.

An experienced workers’ compensation attorney can review the circumstances of your case and help determine whether an appeal or additional legal action may be appropriate.

At Losi & Gangi, we represent hard working Western New Yorkers in workers’ compensation matters throughout New York State. We understand the complexities involved in workplace injury claims and are committed to helping injured workers understand their rights and pursue the benefits they may be entitled to under New York law.

If you have questions about whether your injury qualifies for workers’ compensation benefits, contact Losi & Gangi today to learn more about your legal options.

Jul 01
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Can You Still File a Claim if You Were Partially at Fault in New York?

By News

After an accident, many injured individuals assume they cannot recover compensation if they were partially responsible for what happened. In New York State, that is not always true. Both personal injury law and workers’ compensation law may still allow you to pursue benefits or compensation, even if you shared some responsibility for the accident.

Understanding how fault applies in these different types of cases is important when protecting your rights.

Fault in New York Personal Injury Cases

New York follows a legal rule known as “pure comparative negligence.” This means an injured person may still recover compensation in a personal injury case even if they were partially at fault for the accident.

However, the amount of compensation awarded may be reduced based on the inxjured person’s percentage of fault.

For example, if someone is awarded $100,000 in damages but is found to be 20 percent responsible for the accident, their recovery may be reduced to $80,000.

This rule applies to many types of personal injury claims, including:

  • Car accidents
  • Slip and fall accidents
  • Construction accidents
  • Pedestrian accidents

Insurance companies often attempt to shift blame onto injured individuals in order to reduce payouts. That is why proper documentation, evidence, and legal representation are important in these cases.

Fault in New York Workers’ Compensation Cases

Workers’ compensation works differently. In New York, workers’ compensation is generally a no-fault system. This means injured employees may still receive benefits regardless of who caused the workplace accident.

As long as the injury occurred while the employee was performing work-related duties, they are typically eligible for benefits such as:

  • Medical treatment
  • Wage replacement benefits
  • Compensation for permanent injuries in certain cases

Unlike personal injury claims, workers’ compensation benefits are not usually reduced because the worker was partially at fault.

It is also important to understand that injured workers in New York are generally not permitted to sue their employer directly for workplace injuries. However, if a third party contributed to the accident, a separate personal injury claim may also be possible.

Why Understanding the Difference Matters

The role fault plays in a case can significantly impact the type of claim you pursue and the compensation available to you. In some situations, an injured person may qualify for both workers’ compensation benefits and a personal injury claim against a third party.

Every case is different, and determining how fault may affect your rights can be complex.

How Losi & Gangi Can Help

At Losi & Gangi, we represent hard working Western New Yorkers in both workers’ compensation and personal injury cases. Our team understands the important differences between these claims and works to help injured clients pursue the maximum compensation available under New York law.

If you have been injured and are unsure whether you can still file a claim because you were partially at fault, contact Losi & Gangi today to learn more about your legal options.

Jun 01
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Understanding Your Rights After an E-Bike or E-Scooter Accident in New York

By Personal Injury

E-bikes and e-scooters have become increasingly popular across New York, offering a convenient and affordable way to travel. However, as their use grows, so does the risk of accidents. If you have been injured while riding an e-bike or e-scooter, it is important to understand your legal rights and the steps you can take to protect yourself.

Common Causes of E-Bike and E-Scooter Accidents

Accidents involving e-bikes and e-scooters can happen for a variety of reasons, including:

  • Negligent drivers who fail to yield or share the road
  • Poorly maintained roads, sidewalks, or bike lanes
  • Defective equipment or mechanical failures
  • Pedestrian or cyclist collisions

Because these vehicles often operate in close proximity to traffic, even a minor mistake can result in serious injuries.

Injuries and Liability

Injuries from e-bike and e-scooter accidents can range from minor cuts and bruises to more severe conditions such as fractures, head injuries, or spinal trauma. Determining who is responsible for the accident is a key part of any legal claim.

In New York, liability may fall on:

  • A negligent driver
  • A property owner responsible for unsafe conditions
  • A manufacturer if a defect caused the accident

New York follows a comparative negligence rule, meaning you may still recover compensation even if you were partially at fault for the accident.

What to Do After an Accident

If you are involved in an e-bike or e-scooter accident, taking the right steps can help protect your health and your legal rights:

  • Seek medical attention right away, even if injuries seem minor
  • Report the accident to the police and obtain a report
  • Take photos of the scene, your injuries, and any damage
  • Collect contact information from witnesses
  • Avoid discussing fault at the scene

Proper documentation can play a critical role in supporting your claim.

At Losi & Gangi, we represent injured individuals across New York State and understand the unique challenges involved in e-bike and e-scooter accident cases. Our team is committed to helping you understand your rights, navigate the legal process, and pursue the compensation you deserve.

If you or a loved one has been injured in an e-bike or e-scooter accident, contact Losi & Gangi today for a free consultation to discuss your options.

May 01
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The Dangers of Returning to Work Too Soon After an Injury

By Workers Compensation

Returning to work after a workplace injury can feel like a positive step, but going back too soon can create serious risks. In New York, employees who return before fully recovering may face reinjury, longer recovery times, and even complications that could have been avoided. Understanding the risks and your rights is essential to protect your health, your recovery, and your future.

Why Returning Too Soon Is Risky

Even if you feel ready, your body may still be healing. Performing normal work tasks too early can put additional strain on the injured area and lead to:

  • Reinjury to the same body part
  • New injuries caused by compensating for pain or weakness
  • Chronic pain or long-term disability
  • Extended recovery time, which may result in more missed work
  • Emotional stress or anxiety about returning before fully healed

These risks are especially high in physically demanding jobs, such as construction, manufacturing, or manual labor, but even desk jobs can pose risks for repetitive stress injuries or back problems if proper precautions are not taken.

Workers’ Compensation and Your Rights

New York’s workers’ compensation system is designed to ensure that injured employees receive the medical care and wage replacement benefits they need while recovering. Returning to work too early can complicate your claim or delay your benefits if reinjury occurs.

It is crucial to follow your healthcare provider’s guidance and only return to work when cleared medically. Employers are required to provide reasonable accommodations, such as modified duties or reduced hours, to help injured employees safely return without risking further harm.

Steps to Protect Yourself

If you’ve been injured and are preparing to return to work:

  • Communicate openly with your doctor about your recovery and any limitations.
  • Inform your employer of your medical restrictions and request accommodations if necessary.
  • Keep detailed records of your treatment, recovery progress, and any changes in your ability to perform work tasks.
  • Monitor your condition closely after returning to work and report any reinjury immediately.

How Losi & Gangi Can Help

At Losi & Gangi, we help injured workers across New York navigate the workers’ compensation system and protect their rights. If you are concerned about returning to work after an injury, or if you have been reinjured on the job, our experienced attorneys can guide you through the process and help ensure you receive the benefits and protections you deserve. Contact us today.

Apr 22
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2025 Personal Injury Recoveries for Western New Yorkers

By News

At Losi & Gangi, our office continues to represent hard working Western New Yorkers in both workers’ compensation and personal injury cases. Our commitment is to help injured individuals understand their rights and pursue the compensation they deserve.

While both types of cases provide important avenues for recovery, there are significant differences between workers’ compensation and personal injury claims that can impact the outcome of a case. We believe it is important for our clients and community to understand these distinctions.

Below is a previous post from our office that outlines these key differences:

Understanding the Difference Between Workers’ Compensation and Personal Injury Cases

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. In NYS, injured workers are not permitted to sue their employer for an on-the-job injury.

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, construction site accidents, 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, 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 attorneys at Losi & Gangi can help you understand which type of claim is appropriate for your situation and help you pursue the compensation you deserve.

2025 Personal Injury Case Results

Our firm is proud to have secured significant results for our clients. Below are several notable personal injury recoveries from 2025:

A 53 year old woman slipped and fell on an accumulation of ice in the parking lot of the office complex where she was employed, sustaining a fracture to her right ankle. After undergoing surgery to repair her right ankle fracture, she developed chronic regional pain syndrome in her right lower extremity, resulting in a significant and permanent disability. A claim was pursued against the property owner and the snow plow contractor for failure to properly maintain the parking lot in a safe condition. The case was resolved for $2,000,000.

A 46 year old construction worker fell 20 feet from a ladder while installing a roof, sustaining a left heel fracture, pelvic fracture, and low back injuries. The fractures required surgical repair, and he was unable to return to work as a result of his injuries. A claim was pursued against the owner of the building under New York State Labor Law for failure to provide proper safety devices and fall protection. On the eve of trial, the parties agreed to settle the claim for $4,000,000.

A 30 year old construction worker sustained serious injuries to his left hand when a table saw kicked back while cutting floor planks. His injuries included partial amputation of his left thumb, complete amputation of his left index finger, and partial amputation of his right small finger. The table saw was not equipped with a blade guard or anti kickback devices. A claim was made against the owner of the construction project and the contractor who owned the table saw. The case was resolved for $1,500,000 at a court settlement conference.

Committed to Results

Every case is unique, and understanding whether your situation falls under workers’ compensation, personal injury, or both is critical. At Losi & Gangi, we are dedicated to helping Western New Yorkers navigate these legal matters and pursue the maximum compensation available.

Contact us today to learn more about your rights and how we can help.

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

Apr 01
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Workers’ Compensation for Remote Work Injuries in New York

By News

Remote work has become increasingly common across the country. While working from home offers flexibility, many workers are unsure how workers’ compensation applies if they are injured outside of a traditional office or job site. Understanding how New York workers’ compensation law treats remote work injuries is essential for protecting your rights.

Are Remote Workers Covered by Workers’ Compensation in New York?

Yes. In New York, employees who work remotely or from home are generally covered by workers’ compensation, just like employees who work on-site. The key factor is whether the injury occurred while the employee was performing job-related duties within the scope of their employment.

Workers’ compensation coverage does not depend on where the work takes place. It depends on whether the injury is work-related.

What Qualifies as a Work-Related Injury While Working From Home?

For a remote work injury to be covered under New York workers’ compensation law, the injury must arise out of and occur in the course of employment. Examples may include:

  • Slipping or falling while walking to retrieve work materials
  • Injuries caused by defective office equipment used for work
  • Repetitive stress injuries from prolonged computer use
  • Back, neck, or shoulder injuries related to an improper home workstation

Injuries that occur during personal activities, such as household chores or unrelated breaks, are not covered.

Challenges in Proving a Remote Work Injury

Remote work injury claims can be more closely scrutinized by insurance carriers. Because the injury occurs outside of an employer-controlled environment, insurers may question whether the injury was truly work-related.

Strong documentation is critical. Injured workers should:

  • Report the injury to their employer as soon as possible
  • Seek medical treatment and clearly explain how the injury occurred
  • Document the workspace and conditions involved
  • Keep records of work schedules and job duties

Failing to report or document the injury properly can lead to delays or denial of benefits.

Workers’ Compensation Benefits for Remote Employees

If a remote work injury is approved under New York law, injured workers may be entitled to benefits including:

  • Medical treatment related to the injury
  • Partial wage replacement if unable to work
  • Compensation for permanent impairments when applicable

Workers’ compensation is a no-fault system. This means benefits may be available even if no one was negligent.

Can a Remote Worker Sue Their Employer?

In most cases, no. Under New York law, workers’ compensation is the exclusive remedy against an employer for workplace injuries. This applies to both in-office and remote employees. However, if a third party contributed to the injury, such as an equipment manufacturer, additional legal options may exist.

How Losi & Gangi Can Help

Navigating a workers’ compensation claim for a remote injury can be complex, especially when insurers challenge whether the injury is work-related. At Losi & Gangi, we represent injured workers throughout New York State and understand how to build strong claims that meet the legal standards required for approval.

If you were injured while working remotely and are unsure about your rights, our team is here to help. Contact Losi & Gangi today for a free consultation to discuss your situation and next steps.

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.

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