Skip to main content

Workers’ Compensation Frequently Asked Questions

By Workers Compensation

After experiencing an injury at work, it is important you know what steps to take next. Understanding what workers’ compensation is and how the process works will help you make the decision of whether or not you should file a claim. Our professional attorneys at Losi and Gangi are very experienced when it comes to workers’ compensation cases, and can help answer any questions you may have. Continue reading to discover some of the most frequently asked questions regarding workers’ compensation.

1. What is Workers’ Compensation? 

Workers’ compensation is a system of statutes put into effect by each state to provide medical, disability, and lost time benefits for employees injured on the job. 

2. What is the first thing I should do if I am hurt at work?

First and foremost, you should notify your employer of the injury and explain the details regarding how the accident happened. Next, seek medical care. After this, you should contact the workers’ compensation carrier and advise them of the claim. The last thing you may want to consider, depending on the severity of the injury, is contacting a legal attorney in order to obtain the benefits in which you are entitled to and deserve. Our attorneys at Losi and Gangi will walk you through the process and make sure you are represented fairly throughout every step of your case.

3. What injuries or illnesses will be covered by workers’ compensation?

All injuries and illnesses obtained while on the job are covered by workers’ compensation. If you are hurt at work, whether it is in a construction accident or otherwise, Losi and Gangi has trained legal professionals who can help you handle the situation. Common workers’ compensation include the following: 

  • Strains                  
  • Burns and Electrocutions
  • Contusions          
  • Foreign Object Entering Body
  • Lacerations          
  • Broken Bones
  • Sprains                
  • Crushing Hazards
  • Punctures          
  • Concussions 

4. How does a pre-existing medical condition affect a workers’ compensation claim?

Under New York State law, it is stated that if the condition is due to a previous work-related injury that you have been receiving workers’ compensation for, then you can be eligible to receive additional compensation if the injury is further aggravated or contributed to another condition. 

So, if your current work responsibilities have caused the pre-existing condition to once again require medical care and treatment, then you are likely experiencing an aggravation of your pre-existing condition and are entitled to receive workers’ compensation for this. 

5. What Evidence is Needed in Order to File a Workers’ Compensation Claim 

In order to file a workers’ compensation claim, you will need to provide evidence that the cause of your injury was work related. For example, if you’re a construction worker and fall off a ladder, you will need to prove this was during work and due to unsafe equipment or working conditions. Other general information that you will want to collect for a workers’ compensation claim includes:

Details of the accident: 

  • Time / Date of accident
  • Where the injury took place
  • Any witnesses and their contact info.
  • Cause of the accident
  • Photos of your injuries 
  • Contact info. of injured employee

If you have been hurt at work, don’t hesitate to get the compensation you are entitled to. Our attorneys at Losi and Gangi can help answer any questions you may have regarding workers’ compensation and ensure you are fairly represented throughout every step of your case. Contact us today or call 716-854-1446 for a free consultation. 

Patrick J. Brown Honored by United States District Court, Western District of New York

By News

Buffalo, New York – Patrick J. Brown, an attorney with Buffalo-based workers compensation and personal injury law firm Losi & Gangi Attorneys, has been honored by the United States District Court, Western District of New York. Brown received the 2022 Criminal Justice Act Award at the 2022 Western District of New York Federal Court Dinner held on September 14th.

The Criminal Justice Act (CJA) was enacted in 1964, establishing a comprehensive system for appointing and compensating legal representation for accused persons who are financially unable to retain counsel in federal criminal proceedings. The CJA Award recognizes an attorney who epitomize the principles of the Sixth Amendment through their commitment to justice and promotion of the ideal that every person accused of a crime is guaranteed the right to representation by counsel.

Mr. Brown received the CJA award for his work in this area. Brown has been practicing law since the date of his admission to the bar in 1977. A litigator who limits his practice to the area of serious personal injury, white collar criminal defense and commercial litigation, he was admitted to practice in the United States District Court for the Western District of New York and all of the trial courts in New York State. He has litigated seven-figure personal injury cases through verdict and has tried a number of high-profile criminal cases, including cases involving police corruption and misfeasance by licensed professionals. He was also a member of the defense team for the so-called Lackawanna Six, and one of the first prosecutors in the country under the Patriot Act. Mr. Brown has also argued many appeals in both New York State and federal appellate courts.

Mr. Brown is a member of a number of professional organizations including the New York State Bar Association, Erie County Bar Association, where he was a director. He is also a member of the Western New York Trial Lawyers Association, where he was also a director. He is a Million Dollar Advocates Forum® and Multi-Million Dollar Advocates Forum® Life Member.

About Losi & Gangi Attorney
Founded more than 20 years ago, Losi & Gangi Attorneys represents injured workers in the practice areas of workers compensation and personal injury. The firm has been recognized as one of the top law firms in Western New York by Buffalo Business First. In addition to partners Jeff Gangi, Harry Modeas, and Phil Scaffidi, the firm includes 10 associate attorneys and 10 employees in support roles. In 2021, Losi & Gangi recovered more than $22 million dollars in settlements and verdicts for clients throughout Western New York.

Top 10 Most Common Workers Compensation Claims

By Workers Compensation

According to OSHA, 160 million individuals experience work-related injuries annually. In order to decrease this extremely high number, a bigger emphasis on the importance of workplace safety and training is critical. Employers and employees should be aware of the top hazards and injuries that occur on the job. This way, proper safety measures can be taken to reduce the chance of injuries from arising.

Below is a closer look at the top 10 most common work-related injuries and workers’ compensation claims. This study was conducted by the International Journal of Environmental Research and Public Health. Important to Note: The data used in the study was published in 2020 and is based on 151,959 work-related injury payments made between 2011 – 2018. 

  1. Strains | Total claims: 45,675

 Ranking in at number one is strains. Although this seems like a minor injury that can heal on its own, strains can have lasting repercussions. Strains inhibit worker’s ability to perform their job to their fullest potential and cause agonizing pain on muscles. Individuals who work in an industry where manual labor is required such as warehouse workers, construction, nursing, etc… have most likely experienced problem with muscle strains at one point or another. Employers can reduce strains from work by: 

  • Teaching proper techniques for lifting heavy objects
  • Provide employers with frequent breaks / time to rest
  • Emphasize the importance of stretching 
  • Enforce that employees should not pick up items beyond a weight limit they feel comfortable carrying

2. Contusions | Total claims: 31,651

Contusion is another word for bruising. Bruises can be very minor, disappearing on their owning just a few weeks. On the other hand, contusions or bruises can be very serious and result in blunt force injuries to the head, which can cause brain bleeding. This is very dangerous and can alter the course of one’s quality of living. In this case, a workers’ compensation case should most definitely be filed. Employers can reduce work-related contusions by:

  • Provide workers with hard hats / other personal protective gear
  • Ensure work space is clear and there are safe walkways 

3. Lacerations | Total Claims: 17,919

A laceration is a cut or skin wound, typically caused by a sharp object. This is a very common injury in the workplace, as hands and fingers are used in pretty much every task we do. Oftentimes, employees slip up and make the mistake of cutting themselves when they are not fully focused and paying attention to what they are doing. Other reasons for these injuries may be that the employee was not properly trained on how to operate power tools or other sharp objects. Employers can help reduce lacerations by:

  • Poviding proper hand protection (gloves)
  • Clean work environments
  • Training workers on use of sharp objects and power tools

4. Sprains | Total Claims: 13,449

Sprains are a common injury that often result from slips, trips, and falls. They also commonly result just from being on your feet for an extended period of time. For instance, nurses who walk around over the course of a 12 + hour shift are more likely to suffer from ankle sprains than someone who works a desk job. However, in any case, sprains can happen anywhere at any job. Sprains can negatively impact mobility, making it much more difficult for employees to return to their usual job tasks. In addition, ankle sprains may require physical therapy to heal and longer recovery periods. Depending on the severity of the strain, sometimes workers can bounce back quickly. But, usually it takes several weeks or months to regain full strength and functionality. Employers can reduce sprains by:

  • Providing employees with longer and more frequent breaks
  • Encouraging workers to stretch and rest

5. Punctures | Total Claims: 8,363

Punctures are deep injuries that involve a sharp object. In the construction industry, punctures are a common injury due to the fact that workers use power tools, nail guns, saws, and more on a consistent basis. If workers are not trained properly on how to use these tools, it is very easy for an extremely dangerous accident to occur. Punctures can cut deep into the skin, and result in some very severe injuries. Always use caution and pay close attention when operating with sharp tools. Employers can reduce punctures by:

  • Train all employees on how to properly operate power tools
  • Monitor and watch employees 
  • Provide Personal Protective Equipment 

6. Burns and Electrocutions | Total Claims: 4,661

Burn incidents in the workplace typically occur to individuals who work in restaurant kitchens. They are also common occurrences for individuals who work with hot furnaces, chemicals, steam, and electrical sources. Burns can range from very minor to extremely dangerous – it depends how hot the temperature the individual was working with and how long their flesh was exposed to the surface. Electrocutions are very dangerous as well and can even result in death. Employers can reduce burns / electrocutions by:

  • Proper training employees
  • Monitoring employees
  • Provide personal protective equipment
  • Make sure equipment is inspected regularly by a professional and cleared as safe to operate with 

7. Foreign Object Entering Body | Total Claims: 4,266

In construction, these injuries can be very painful and gruesome. Unfortunately, workers in this industry have suffered from impalement of objects entering the body such as nails, sharp debris, steel, and more. Employers can reduce impalement by:

  • Ensuring the work site is clean, and particles or miscellaneous items are swept up and removed from working zones
  • Provide safety gloves, proper footwear, and other personal protective equipment
  • Put up signs to warn workers of unsafe areas

8. Broken Bones | Total Claims: 2,182

Slips, trips, and falls are common causes of workers suffering from a broken bone. Although it is difficult to predict and nearly impossible to stop one from a slip, trip, or fall, there are precautions that can be taken to lessen the chance of an incident occurring. Employers can reduce broken bone injuries by:

  • Putting a “wet floor” sign up on slippery surfaces
  • Tuck cords and cables away from being in hallways or aisles
  • Encourage keeping a clean work station – such as closing file cabinet drawers and picking up loose items from the ground
  • Provide employees with proper footwear
  • Make sure workplace has proper lighting 

9. Crushing Hazards | Total Claims: 1,406

In large manufacturing operations, working with heavy objects is required of workers. These machines can be dangerous, especially if a worker is new and doesn’t know what they are doing. As a result, workers can suffer from being stuck and get crushed by heavy objects or machinery.

Employers can reduce crushing hazards by:

  • Informing workers of OSHA’s standards for machine guarding and proper protocols. Visit the link here to learn more.  
  • Regular training and monitoring of employees (especially newer employees) working with machines 

10. Concussions | Total Claims: 882

Concussions result from being struck by force to the head. They can also occur from falling from a great height. The effects from a concussion can completely change one’s life –  causing memory loss, headaches, noise sensitivity, insomnia, and more. 

Concussions range from fairly to mild to very severe. With more severe concussions, individuals can face very serious health consequences such as chronic encephalopathy, which is a degenerative neurological condition very commonly seen among veteran NFL players. This develops when one experiences repetitive injuries or blows to the head. Employers can reduce concussions by:

  • Providing hard hards and other personal protective equipment
  • Providing fall protection gear
  • Ensuring work site is clear and no heavy object can strike workers passing through

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. 

Article Adapted from: 

First Five Steps to Take After a Motor Vehicle Accident

By Personal Injury

Motor vehicle accidents happen in a split second and leave people feeling in a state of shock. It is important to act fast and know what steps to take immediately after a crash. This will not only ensure the safety of everyone involved in the crash, but it can also make a big impact on your legal case. Follow these five critical steps below.

1. Make Sure Everyone is Safe 

The very first thing you should do is check to make sure if anyone was hurt. If anyone suffered injuries and is in need of medical assistance, call 911 immediately. Next, it is important to make sure to pull your car over to the side of the road. If the accident happened in a busy area or during rush hour traffic, it is very likely additional accidents can occur. It is also in your best interest to turn on your hazards to alert the other drivers of the scene.

2. Contact the Police

Contact law enforcement and inform them of the scene. Police can create a report of the accident, which you can request a copy of for insurance purposes. 

3. Assess the Scene and Exchange Information

Exchange contact and auto information with the other drivers involved in the accident. The following items should be collected or insurance claims:

  • Name and contact information
  • Insurance company and policy number
  • Driver’s license and license plate number
  • Type, color, and model of vehicle
  • Location of accident

In addition, be sure to take pictures of the scene. You do not have to be a professional photographer, but there are some things you will want to keep in mind while snapping photos. Below are 5 tips for taking photos of the scene of the accident: 

  • Take photos on your own phone – This way, you know you have documentation and don’t need to worry about other people sending you over the photos. 
  • Take pictures from multiple angles – Capture all sides of the cars involved in the accident. Be sure your photos capture all corners of each car.
  • Take pictures of your injuries – If you are able to, take photos of any injuries you may have sustained from the crash. This will come in handy later on if you plan on filing a personal injury claim
  • Take pictures of car interior – If the interior of your car faced any damages, such as deployed airbags or shattered windshield, take photos of this as well. 
  • Take photos of the surrounding area – Take photos of the street where the accident occurred – including any traffic signals, street signs, etc. Also, if there were any contributing factors that lead to the accident such as potholes or road construction, be sure to take photos of this as well. 

After you finish taking photos of the scene, you should also try to get pictures of the following three items:

  • License Plates – Take photos of every license plate involved in the accident. 
  • Insurance Documents – Ask permission of the other driver to take a photo of their insurance card. If they agree, make sure to capture the company and the policy number. 
  • Police Report –  If police come to the scene and write a crash report, snap a picture of this. This can help speed up the process with your insurance company. 

4. Contact your Insurance Company

Contact your insurance company as soon as possible after an accident. It is important you collect the information listed above. Insurance companies will specifically be looking for details of the accident such as whether or not a police report was filed, if there were witnesses, and any other information that is relevant to the accident. 

5. File a Personal Injury Claim

The injuries you suffer from a car accident can result long pain and suffering. Losi & Gangi Attorneys treat every individual case with the specific attention all personal injury cases deserve, and with unique care tailored to its needs. Our attorneys are experienced professionals who are dedicated to the needs of our clients. If you suffered an injury, we can help you through this process from the start of your case until you receive your settlement. To learn more about Personal Injury and get started with a free consultation, click here.

If you have been hurt in a motor vehicle accident, 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. 

Article adapted from:

Summer Construction Safety Tips

By Workplace Safety

Summer is peak construction season. With higher temperatures and the sun beating down, it is extremely important construction workers are protecting themselves. Although sunny skies and hot weather doesn’t exactly scream danger, it should not be underestimated. Heat strokes and heat exhaustion are common occurrences for construction workers.

Heat Stroke

Put simply, a heat stroke is when your body overheats and isn’t able to cool itself down. The more complex explanation of why this happens is because when exposed to extremely high temperatures, the body’s natural temperature regulating mechanisms fail. This then causes an outbreak of a fever or even a loss of consciousness. The main sign of a heat stroke is high body temperature, specifically a core body temperature of 104 F or higher.

Other signs of Heat Stroke include the following:

  • Nausea or vomiting
  • Racing heart rate
  • Headaches
  • Not responsive
  • Flushed or red skin
  • Confusion, irritability, slurred speech, etc.

If you think someone may be experiencing heat stroke, seek medical help immediately.

Heat Exhaustion

Heat exhaustion on the other hand, is a less severe version of a heat stroke. Similarly, this occurs when your body is overheated and unable to cool itself down. Heat exhaustion can transcend into a heat stroke if one ignores it and assumes it will go away on its own. It is extremely important to not take the signs of experiencing heat exhaustion lightly! If you notice your skin feels cool and you have goosebumps (despite being outside in the heat) then something is wrong. This is oftentimes an early sign that you are experiencing heat exhaustion and in need of a break from the sun.

Other symptoms indicating heat exhaustion include:

  • Intense sweating
  • Fainting, dizziness, fatigue
  • Low blood pressure
  • Nausea, headaches
  • Cool skin with goose
  • Muscle cramps

So, how do construction workers avoid heat strokes and heat exhaustion this summer? Here are 5 suggestions to help keep workers safe from the sun.

Take Breaks – Your work can wait. By taking frequent breaks and resorting to time in the shade, your body will get the chance to cool down and recover before your return back to the sun. Working straight throughout your shift with no breaks is unsafe.

Drink A LOT of Water – It may sound like common sense to recommend drinking water, but it’s significantly important and a lot of people don’t drink enough of it. Dehydration is the number one cause of overheating and it can lead to fainting or passing out on the job. This could be life-threatening if you are working at a height or with hazardous equipment. Make sure to have water on site that is easily accessible to you. Also, it is a good idea to bring an insulated water bottle that will be able to stay cool outside, despite the high temperatures.

Stay Healthy – Eating healthy, exercising, sleeping well, and taking care of your body will help you stay stronger on the job and make you better equipped to handle the extreme temperatures.

Dress Appropriately  Construction workers must always wear personal protective equipment on the job site, no matter the conditions. However, lighter, more breathable materials will help keep you cooler. Workers may also want to wear sunglasses to keep their eyes protected from the bright sun as well as a hard hat to protect their head from direct sunlight. Other items to consider include a nape protector or bandana to shield your neck from direct sunlight. Last but not least, be sure to apply sun screen in the morning and regularly throughout the day to protect your skin from getting burnt!

Check the weather and plan accordingly – Check to see when the hottest part of the day is. This way, you can schedule your work around this particular hour or hours  (if possible) and try to get your tasks done in milder conditions, like the morning or the evening. Although busy work schedules don’t always allow for this flexibly, it is good to keep in mind if you do have the option.

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 [link] 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.

Article Adapted from:

The Changing Workforce and How It will Impact Workers’ Compensation

By Workers Compensation

The workforce is constantly evolving in order to adapt to the changes caused by the pandemic. In recent years, employees have been quitting their jobs at a record setting pace. As a result, companies are facing labor shortages and desperately hiring in attempt to fill the gap. With new and inexperienced workers, there is an increased risk for injury. The same can be said for understaffed companies with overworked employees. 

The Great Resignation 

The pandemic completely changed the workforce and many companies are struggling to retain their workers. According to the Bureau of Labor Statistics, 4.5 million workers quit their job in March 2022. We have now entered into a period that many are referring to as “The Great Resignation.” It is a difficult place to be in for businesses, as they now have to construct new methods and strategies that will ensure their employees are happy and want to stay working there. With a great number of employees leaving their jobs, companies are left to deal with a multitude of problems. 

From being understaffed and working longer hours, to figuring out how to train new hires, to making sure the business stays afloat — there are plenty of adjustments, challenges, and changes that companies are trying to navigate.

Inexperience Leads to a Higher Chance of Injury

Businesses are putting out their “help wanted” signs and desperately hiring in attempt to lift the load off of their overworked employees. Having extra hands can be helpful, but it can also bring along several challenges. For instance, new employees lack experience, which puts them at a higher risk of suffering from an injury on the job.

According to the Bureau of Labor Statistics Data, more than one-third of non-fatal work relates injuries in 2019 happened to employees who had been in their current position for less than a year.

It is very common for new hires to jump into their roles with little time to understand the process of how everything works. Their lack of knowledge and inexperience often results in a serious injury. The worst part is, the injury is usually a simple and avoidable mistake. However, since the employer chose to not train their new hires properly, they now find themselves in this unfortunate situation. It is crucial companies are emphasizing the importance of teaching new hires the correct way to do things, no matter how busy they may be.

Understaffed Workplace Increases the Chance of Injury

Companies that struggle to hire new workers are left in a very difficult position. Their remaining employees are forced to pick up the slack, with additional responsibilities that don’t necessarily fall under their job title. Longer hours, lack of sleep, and increased stress levels can hurt the overall mental health and well being of employees. All of the following contributes to an increased risk of being injured while on the job.

Lack of sleep impacts how we function, both physically and mentally. Brain fog is a common occurrence when you aren’t getting enough rest at night. Brain fog is described as a feeling of not being able to have full mental clarity. This can be very frustrating, especially when you’re at work and have a lot to get done. Since your brain is not operating at its highest capacity, your productivity levels and the tasks you accomplish throughout the day will be lower than you’d like.

Physically, your body is not as alert as it would be with a good night of sleep. Therefore, the chance of making a clumsy mistake is higher and this often leads to an injury on the job. It is so important that employees have enough time to take care of themselves and get the proper sleep they need.

What can Business Owners Do to Increase Safety?

The question to ask is, “What can businesses owners do during this time to increase safety for both new and old employees?” Trainings are one solution that can be highly effective. New employees should have required trainings to complete before starting work. Also, companies may want to consider doing monthly, quarterly, or annual training so the information learned is not forgotten and stays fresh on employees minds.

Businesses that are understaffed should recognize that workers health and safety is the top priority, no matter how busy they may be. Bosses should encourage workers to get enough rest each night before coming in for work. Also, companies should come up with a workflow system that everyone is on page with. This way, no individual feels they are being overworked to the point of burn out and exhaustion. Coming together and working as a team (especially when you are short staffed) is highly important. Recognizing who needs help and giving it can help alleviate the stress and fatigue that so many employees are feeling right now. 

If you have been hurt on the job, don’t 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. 


Guide to Filing a Personal Injury Claim

By Personal Injury

Once you have been involved in an accident that you weren’t at fault for, you are legally entitled to file a personal injury claim to seek compensation for the pain and suffering you endured. The process of seeking a settlement is complicated, which is why having a personal injury attorney on your side is in your best interest. Our attorneys at Losi and Gangi are highly skilled, and will help get you the compensation you are entitled to and deserve. Follow along for a step-by-step guide on what to do when filing a personal injury claim. 

1. Seek Medical Care

Your health and safety is the number one priority. It’s important to seek medical attention immediately after you have been involved in an accident. Even if you think the injuries you suffered are not significant, it is still important you get examined. There is a possibility that you may have internal injuries.

Be sure to listen to your doctor and follow along with the treatment they recommend for you. Regular checkups are a good idea to make sure that your injury is healing properly. Also, do not throw away any medical documents – these may serve as a benefit to you later on when filing your personal injury case. 

2. Prepare Evidence

For any legitimate case filed, there’s always a need to prove the liability or negligence of the party liable for the accident. Start by gathering any evidence connected to the incident that caused your injury. Make sure you are storing these in a safe space where you will not lose them. Invoices for your treatments, medical records, therapy, and all relevant documents will help make a stronger case. Another effective way to prove evidence is through photos and videos. If possible, snap some photos or videos of the injury you sustained. This will help better illustrate and depict the damages you suffered.

3. Stay off Social Media

By posting one photo on social media, you can ruin your entire case. Posting a photo of yourself enjoying vacation when you are in the process of filing a personal injury case comes across as suspicious. Even if the photo was taken from awhile ago, the opponent will find ways to use it against you. It’s best to keep a low profile and avoid posting for awhile until things are settled. 

4. Contact a Personal Injury Attorney 

As mentioned earlier, a personal injury attorney will increase your chances of getting the compensation you deserve. You need highly skilled lawyers on your side to make a stronger case and to avoid manipulation from insurance adjusters. 

Our experienced personal injury attorneys at Losi and Gangi will make sure you are represented fairly throughout every step of your case. If you have recently suffered a personal injury, please contact Losi and Gangi at 716-854-1446 for a free consultation.

Article Adapted from:  

Who is at Fault in a Car vs. Bike Collision?

By Personal Injury

After a long winter, the snow is finally melting and things are looking brighter. We have waited a very long time to be able to enjoy some warmer weather. You may notice more people are out taking walks or choosing to ride their bike to get to their destinations. With more people and bicyclists on the road, more safety precautions is crucial.

In the event of an accident, the following question, “Who is at fault when bikes and vehicles collide?” Is complicated. 

It seems like an obvious answer that the car is at fault in a bicycle-versus-car accident. Cars are bigger, stronger, and much more forceful. A car can seriously injure someone who is riding on their bicycle with no protection around them.

Yet, cars and motor vehicles are not always to blame. Bicyclists happen to be at fault for collisions more often than one would think. A common cause for bicyclists creating accidents is they don’t always follow the rules of the road. By law, bicyclists must follow the same rules of the road as other vehicle operators. This means, they must yield to pedestrians, obey all traffic signals, and avoid unsafe lane changes. 

Understanding the Law 

New York State follows a No-Fault law. This system is set up to compensate injured persons whose crashes arise out of the “use and operation of a motor vehicle”. Therefore, the liability is generally allocated to the driver of the car and not the bicyclist. However, there are instances when a bicyclists is the one at fault for accidents. 

Determining Who is Liable 

In court, various factors determine liability for a motor vehicle and bicycle accidents. Motor-vehicle drivers and bicyclists both need to follow the rules of the road. Motor vehicle drivers should give reasonable room to bicyclists on the roadway and give an adequate warning before making a right turn. 

It is critical that drivers don’t make the reckless decision to drive distracted. Talking on the phone, texting, eating, etc. can all contribute to a serious accident. Drivers are at a much higher risk of not seeing a bicyclist when trying to multi-task behind the wheel.

The same principle applies to bicyclists when it comes to practicing safety on the roads. If a bicyclist decides to swing onto a street out of nowhere, someone driving a car may not have enough time to stop or slow down. If bicyclists are not wearing a helmet, they are at much higher risk from suffering a severe head injury. There are countless examples of how a bicyclist is at risk for injury if not being cautious.

Other circumstances where accidents are a bicyclist’s fault include:

  • The bicyclists ignores traffic signals
  • The bicyclist is on the wrong side of the street
  • The bicyclist rides against the flow of traffic
  • The bicyclist makes a sudden turn with no warning
  • The bicyclist fails to yield
  • The bicyclist does not come to a complete stop at a stop sign
  • The bicyclist ignores traffic signals

Injury and death is a serious concern when it comes to motor vehicle and bicycle accidents. According to the National Highway Traffic Safety Administration, 846 Bicyclists were killed in traffic crashes in 2019 in the United States. It’s crucial that both motor vehicle drivers and bicyclists adhere to the rules of the road and use extra caution.

If you have recently suffered injuries from a motor vehicle and bicycle collision, contact Losi and Gangi at 716-854-1446 for a free consultation. Our experienced personal injury attorneys will make sure you are represented fairly throughout every step of your case. 

Article adapted from :

Fall Protection and Safety Tips

By Workplace Safety

Prioritizing workers safety is key in helping reduce the rate of injuries and deaths in the construction industry. Did you know that falls are the leading cause of death and injury among construction workers? According to OSHA, Falls account for 34 % of all construction deaths. Eliminating falls in construction would save more than 300 lives every year. 

Three Points of Contact

Placing a strong focus on training and educating workers on the proper techniques while operating construction equipment is crucial. Techniques like three points of contact can make a great difference when it comes to reducing falls. The three points of contact rule means that three out of four limbs are in contact at all times with wherever piece of equipment you are using (vehicle, ladder, platform, etc).

The idea behind the three points of contact rule is to create a triangle with the body. For instance, two hands and one foot or two feet and one hand. See image below to get a better illustration : 

In addition to the three points of contact rule, other safety tips workers should keep in mind while working at heights include :

  • Keep your hands free while climbing and don’t try to carry items 
  • Go slow and keep your focus while climbing up/down
  • Make sure to wear appropriate footwear with a good grip 
  • Do not jump off any platforms or heights
  • Always be facing the ladder or piece of equipment that you’re climbing
  • Wear fall protection gear
  • Frequently evaluate and inspect equipment 

Also, when working on equipment like aerial lifts, construction workers should never climb on the platforms edge. Guardrails are used to protect workers from falling and workers should not be leaning over or reaching over the edge. Doing so not only puts the worker in risk of falling, but also the lift at risk of tipping over. Although, it is tempting to want to lean over to reach something that is just out of your reach, it could be life-threatening. The best and safest solution is to lower the lift and move the entire machine. 

At Losi and Gangi, we believe that maximizing the safety of everyone is always the number one priority at any worksite. If you have recently suffered from a fall on the job, contact Losi and Gangi at 716-854-1446 for a free consultation. We will make sure you are represented fairly throughout every step of your case. 

Article Adapted from :

Phil Scaffidi Named Partner at Losi & Gangi Attorneys

By News

Losi & Gangi Attorneys, a Buffalo-based workers compensation and personal injury law firm has named Phil Scaffidi as a partner at the firm.  The announcement was made by Jeffrey Gangi, managing partner for Losi & Gangi. “Phil has been representing injured workers for more than 25 years and has been an important member of our team.” commented Gangi. “We are excited to welcome him to a leadership role with the firm”

Scaffidi graduated with honors from Tulane Law School in New Orleans, LA, and returned to his hometown of Buffalo, New York to begin his law practice. He began his legal career handling insurance defense work before the Workers’ Compensation Board, but quickly discovered he preferred representing injured workers. “It was obvious to me from the very beginning that it was the injured workers who really needed good representation in this system.” commented Scaffidi.

Scaffidi joined Losi & Gangi in 2016 as an associate attorney. He previously served as the Chair of the Workers’ Compensation Committee of the Bar Association of Erie County and remains an active member in that association as well as the New York State Bar Association and the Injured Workers Bar Association.

Mr. Scaffidi has been recognized for his work in Workers’ Compensation by Business First/Buffalo Law Journal’s “Who’s Who in Law” and was the recipient of the 2016 “Attorney Excellence Award” from the Center for Elder Law and Justice.
About Losi & Gangi Attorney

Founded more than 20 years ago, Losi & Gangi Attorneys represents injured workers in the practice areas of workers compensation and personal injury. The firm has been recognized as one of the top law firms in Western New York by Buffalo Business First. In addition to partners Jeff Gangi, Harry Modeas, and Phil Scaffidi, the firm includes 10 associate attorneys and 10 employees in support roles. In 2021, Losi & Gangi recovered more than $22 million dollars in settlements and verdicts for clients throughout Western New York.