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May 10
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Understanding the Difference Between Workers Compensation and Personal Injury Cases

By Workers Compensation

 

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

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

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

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

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

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

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

Apr 12
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Common Mistakes to Avoid When Filing a Workers Compensation Claim

By Workers Compensation

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

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

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

Feb 21
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Workers’ Compensation Settlements 2022

By Settlements & Verdicts

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

Feb 21
Love0

Workers’ Compensation Settlements 2021

By Settlements & Verdicts

A Chaffee, NY woman injured her back while moving tables and chairs at work, requiring surgery. Her case was settled for $308,285.00, with a medical set-aside of $71,420.00, as well as an annuity.

A corrections officer from Buffalo, NY suffered a left shoulder injury in the course of his duties. He settled his claim for $135,411.47, leaving his medical benefits open for the remainder of his life.

A Depew, NY man settled his claim for $234,991.00 after injuring multiple body sites, resulting in surgery, in an incident while employed as a full-service vending driver and operator. His settlement includes a set-aside of $135,211.00 to be allocated toward future medical expenses.

A Boston, NY worker injured his neck and low back during the course of his employment as a transportation technician. He settled his claim for $157,250.00, and his settlement provides for the continuation of medical benefits.

A forklift operator from Buffalo, NY settled his case for $141,000.00 after an incident at work while lifting numerous pallets, resulting in surgery. The terms of his agreement provide for a set-aside of $24,492.00, to be allocated for the injured worker’s future medical needs.

A Ransomville, NY construction maintenance mechanic sustained injuries to his hip while lifting a heavy mat, resulting in multiple surgeries. He settled his case for $276,250.00, and his medical benefits will remain open.

A Buffalo, NY RN suffered a foot and ankle injury while working, and was awarded a settlement of $143,600.00. Her settlement includes a medical set-aside of $78,471.00, as well as an annuity. 

A Hamburg, NY worker injured multiple parts of his body when he fell on ice during the course of his employment. His case was settled in the amount of $85,000.00, with his medical benefits continuing throughout his lifetime.

A West Seneca, NY man sustained injuries to his neck and left elbow through repetitive use during the course of his employment as a delivery driver. His case was settled for $202,000.00, with $61,724.39 allocated for future medical expenses. 

A Medina, NY woman who injured her back while working as a healthcare worker settled her case for $198,407.00, which is inclusive of upfront seed money for a medical set-aside, as well as an annuity. 

An East Aurora, NY corrections officer sustained numerous injuries while working with an inmate, resulting in multiple surgeries. She settled her case for $191,250.00, leaving her medical benefits open for life.

An Orchard Park, NY machinist sustained injuries to multiple body sites as a result of repetitive work during the course of his employment. He settled his case for $136,000.00, with $19,946.00 allocated for future medical expenses, as well as an annuity.

A corrections officer from Lockport, NY injured his ankle while working and settled his claim for $95,050.62. His settlement provides for the continuation of medical benefits throughout the injured worker’s lifetime.

A Depew, NY corrections officer who injured his shoulder while performing his work duties settled his case for $119,000. Per the terms of his agreement, his medical benefits remain available to him for life. 

A heating and cooling installation worker from Cheektowaga, NY who was injured when carrying materials to his work site was awarded a settlement of $148,750.00, with medical benefits remaining open. 

A steel hauler from Lancaster, NY sustained multiple injuries when he fell off a trailer. A settlement was reached, wherein the injured worker received $204,752.46, with lifetime medical benefits to continue.

An LPN from Buffalo, NY injured her neck and back, resulting in surgery, after she slipped and fell on icy pavement outside of her place of employment. Her claim was settled for $168,199.51, and a set-aside of $53,449.50 was allocated for her future medical needs.

A Buffalo, NY banking officer was injured by a freight elevator, sustaining multiple injuries and resulting in surgery. She was awarded a settlement in the amount of $280,500.00, and her medical benefits are to continue for life.

A Tonawanda, NY worker who was injured when she slipped and fell on ice settled her claim for $123,250.00. Her settlement provides for the continuation of medical benefits. 

A Hamburg, NY healthcare worker was hurt when she was assisting a patient who became confrontational, resulting in an injury to her neck and shoulder. She settled her claim for $153,000.00, with a percentage of these funds allocated for future medical expenses. 

A press operator from East Aurora, NY injured his spine when the door of the press fell onto him. His claim was settled in the amount of $85,000.00, and his medical benefits will continue for life.

A CNA from Camilla, GA was hurt while assisting a patient in a wheelchair, injuring her low back and hip. Her case was settled in the amount of $145,250.00.

A railroad worker from Orchard Park, NY injured his back when he fell on ice near the tracks while moving large containers. He settled his claim for $119,000.00, with continuing lifetime medical benefits.

A Fillmore, NY driver sustained multiple injuries in an incident involving a dolly cart, which required surgery. His case was settled for $161,500.00, with funds allocated for future medical expenses in the amount of $53,037.00.

A woman from Buffalo, NY who developed a neck injury over the course of her employment as a medical biller was awarded a settlement of $123,615.57. A set-aside of $13,815.57 has been allocated for the claimant’s future medical needs. 

An LPN from Cheektowaga, NY suffered injuries to her neck and back while attempting to end a physical altercation between two other coworkers. She was awarded a settlement of $142,500.00, with a medical set-aside of $25,432.00 for future needs.

An RN from Franklinville, NY suffered multiple injuries in the parking lot of her workplace when she fell on ice, requiring surgery. Her case was settled for $156,173.64, and provides for $32,865.64 allocated for future medical expenses, as well as an annuity. 

A Batavia, NY over-the-road truck driver sustained injuries to multiple body sites, including concussions and seizures, when he slipped and struck his head and shoulder while unhooking a trailer from an 18-wheeler. He settled his claim for $150,500.00, with his medical benefits remaining open.

A North Collins, NY developmental aide suffered numerous injuries, including head trauma, while at her place of employment. She received a settlement of $127,500.00, with lifetime medical benefits to continue.

A sales representative from Lockport, NY was unloading products from a large truck when he injured his neck and right shoulder, resulting in surgery. His case was settled for $150,124.00, with an additional $45,797.00 medical set-aside and annuity.

A Strykersville, NY laborer settled his case for $99,111.80 following injuries to his back, when he fell down a hill while mowing a lawn, requiring spinal surgery. His settlement provides for a set-aside of $9904.54 for future medical expenses.

Feb 10
Love0

Cold Weather Construction Safety Reminders

By Workplace Safety

This time of year in Western New York very often feels like winter is never going away. With cold temperatures and snow still hitting us, most would agree that they’d like to fast forward to spring and summer. The good news is, Spring is just around the corner. Until then, now is a good time for employers to review hazards and dangers of working in cold conditions with their employees.

Without proper protection, working outside for extended periods of time can be extremely dangerous. It is also important to reinforce driving safety rules for snowy weather, as well as how to best avoid slips, trips, and falls. Continue reading to learn about safety tips for the winter construction season.

Practice Safe Driving:
Driving conditions are much more dangerous at this time of year. According to the US Department of Transportation, 24% of weather-related vehicle crashes occur on snowy, slushy, or icy pavement. In the construction industry, driving work vehicles or heavy equipment requires extra caution and focus.

10 Winter Driving Tips and Reminders:

1. Inspect all aspects of the vehicles before use
2. Clean, repair, or replace anything not working properly prior to use
3. Allow vehicles to warm up, especially in frigid conditions, before use
4. Brush off snow and ice from all parts of the vehicle, especially mirrors, lights, and windows
5. Wait until windows are fully defrosted before driving
6. It is much harder to stop on a slippery road, so be sure to follow at a safe distance
7. Avoid sudden motions like sharp breaking, turning, or quickly accelerating
8. If your vehicle begins to skid when you drive, ease off the break and accelerator and steer towards the direction in which you want the vehicle to safely stop
9. Beware of hard-packed snow on the road, as this can be as slippery as ice
10. Slow down when approaching areas with bridges and overpasses, as these tend to freeze sooner than others

Winter Storm Preparation:
In the event a winter storm is anticipated to take place, it’s important to take action and be prepared. Cleanup the worksite before the snowfalls to ensure hazards don’t get buried by the snow. If it starts snowing during the workday, find and mark any hazards that might be along a driving or walking path on the job site.

Wear Warm Personal Protective Gear
It’s crucial that when working outdoors, workers have on protective and warm gear. This includes, an insulated jacket, insulated boots, gloves, hats, and layered clothing.

Avoid Slips, Trips. and Falls:
Slips, trips, and falls happen frequently in the construction industry (especially when there is ice covering the ground.) Wear proper work boots with rough or heavy treads when working in wintry conditions to help prevent slips and falls. In addition, be careful climbing into and out of any vehicle.

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: https://weeklysafety.com/blog/winter-driving-on-site

Jan 12
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5 Things You Should Know About Workers’ Compensation in New York State

By Workers Compensation

Workers’ Compensation laws vary across the United States. Each state has its own compensation laws, and It’s important to know the specific regulations for the state in which you live in. Continue reading to discover 5 key things you should know about workers’ compensation here in New York State. 

1. Filing a Workers’ Comp Claim in NYS

In New York State, you are required to notify your employer of a workers compensation claim within 30 days of the illness or injury. If 30 days pass and you have not notified your employer, you could lose your rights to receiving workers comp benefits. 

Also, you will want to file an employee claim with the Workers Compensation Board in New York as soon as possible. Items needed to do this include:

  • Your employer’s name and address
  • The dollar amount of gross wages paid per pay period 
  • The names and addresses of any other employers you worked for at the time of your injury or illness 
  • The name and address of the doctor / hospital that provided your initial treatment 

2. Types of Employees Covered 

Under NYS workers’ comp law, individuals who work at a for-profit business are considered employees to that business. Those who are considered an employee may be: 

  • Part-time
  • Full-time
  • Temporary
  • Seasonal
  • Casual / day labor
  • Unpaid including volunteers and family members 

All of the following positions listed above must be covered by a New York employer’s workers’ compensation insurance. 

3. Medical Treatment Under Workers Comp. 

When an employee gets ill or injured, the employee should immediately seek medical attention as well as notify their employer. The health care provider should be authorized by the NYS workers’ compensation board. In the case of a minor injury, the employer can pay directly for first-aid treatments. 

What is considered to be a minor injury?

In New York State, an injury is considered to be minor if 

1. It requires two or fewer treatments 

2. The lost time at work amounts to less than one day 

Minor injuries do not need to be reported to the New York State Compensation board. However, the employer should complete a report on the injury and the form shall remain in business files for at least 18 years.The New York Workers Compensation Board can review these files at any time. 

All injuries, with the exception to minor injuries, must be reported to the NYS Workers’ Compensation Board and businesses’ carrier within 10 days. Failure to file within 10 days, means the NYS Workers’ Compensation Board could impose a penalty up to $2,500. 

4. What affects NYS workers comp. cost? 

There are several factors that can influence the cost of workers’ compensation in New York. This may include the businesses payroll, location, number of employees, claims history and the type of industry. According to Cerity, the estimated employer rate for workers’ compensation insurance in New York is $.07 per $100 payroll for the lowest risk jobs, and $29.93 per $100 in payroll for the highest risk jobs. 

5. What to do if your claim gets denied?

All too often, many companies in New York State deny workers’ compensation claims and leave you out to dry. If your injury took place on their premise and was related to your job duties, then your employer is responsible for the injury. 

At Losi & Gangi, we have a certified team of professional attorneys who can assist you with your workers’ compensation case. If you were hurt at work and a company has denied your workers’ compensation claim, take action to get the benefits you deserve. Call Losi & Gangi today at 716-854-1446 for a free consultation. 

Article adapted from: https://www.forbes.com/advisor/business-insurance/new-york-workers-compensation-insurance/

Dec 20
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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. 

Oct 03
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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.

Sep 06
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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: https://madison.com/jobs/10-of-the-most-common-workers-compensation-claims/article_c2e57b54-13ae-5e3a-8966-93b3855b7167.html 

Aug 03
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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: https://www.forbes.com/advisor/car-insurance/what-to-do-after-accident/

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