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.

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.

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.

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.

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

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

Here’s what you need to know:

Are Seasonal Workers Covered?

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

What Does Workers’ Compensation Cover?

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

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

How to File a Workers’ Compensation Claim in New York

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

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

Potential Challenges

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

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

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

Contact us today at 716.854.1446.

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

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

Understanding Workers’ Compensation for RSIs

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

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

Legal Assistance

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

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

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

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

What Constitutes a Catastrophic Injury?

Under New York law, catastrophic injuries typically include:

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

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

Why Experienced Legal Representation Matters in New York

• Navigating Complex Legal and Medical Issues

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

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

• Securing Full and Fair Compensation

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

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

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

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

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

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

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

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

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

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

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

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

Sources:

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

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

Slip and fall accidents are among the most common types of personal injury cases, but proving negligence in these incidents can be challenging. If you’ve been injured due to a slip and fall, it’s essential to understand how negligence plays a role in your case and how to prove it effectively. At Losi & Gangi, we specialize in helping victims of slip and fall accidents get the compensation they deserve. Here’s a breakdown of how negligence is proven in slip and fall injury cases.

What is Negligence?

Negligence occurs when someone fails to take reasonable precautions to prevent harm to others. In a slip and fall injury case, this typically involves a property owner or business failing to maintain their premises in a safe condition. To prove negligence, you need to show that:

1. Duty of Care: The property owner or business had a responsibility to keep the area safe for visitors or customers.
2. Breach of Duty: The property owner or business failed to uphold this duty, often by not addressing a hazard (like a wet floor, uneven pavement, or poor lighting).
3. Causation: The hazardous condition directly caused your injury.
4. Damages: You suffered actual harm, such as medical bills, pain, or lost wages, as a result of the fall.

Proving Negligence in Slip and Fall Cases

To establish negligence in a slip and fall injury case, you must gather evidence to support your claim. Here’s how you can prove each element of negligence:

1. Duty of Care

The first step in any personal injury case is showing that the property owner owed you a duty of care. This is typically straightforward: if you were lawfully on their property (as a customer, visitor, etc.), the property owner is responsible for maintaining safe conditions.

2. Breach of Duty

To prove a breach of duty, you need to show that the property owner failed to take reasonable steps to address a hazard. This could include:

• Failing to clean up a spill
• Ignoring a crack in the floor or broken step
• Not providing adequate signage to warn of a dangerous area
• Failing to fix poor lighting or other unsafe conditions

Gathering evidence of the hazard is essential—take photos, obtain witness statements, and document when and where the fall occurred.

3. Causation

The next step is showing that the hazardous condition directly caused your injury. You’ll need medical records and possibly expert testimony to establish the link between the hazard and your injuries.

4. Damages

To prove damages, you’ll need to provide evidence of your injury’s impact on your life. This includes:

• Medical bills
• Proof of lost wages
• Any other costs or consequences you’ve faced because of your injury

Key Evidence in Slip and Fall Injury Cases

Here are some types of evidence that can help prove your slip and fall case:

• Photographs: If possible, take pictures of the hazard right after the fall. This can be crucial evidence in proving the condition of the property at the time of your injury.
• Witness Statements: Eyewitness testimony can be valuable in supporting your claim that the hazard was present and dangerous.
• Medical Records: Documenting the extent of your injury and the treatment you’ve received is critical for establishing damages.
• Maintenance Records: If the property owner has a history of ignoring maintenance issues, these records can demonstrate their negligence.

Why You Need an Experienced Attorney

Proving negligence in a slip and fall injury case can be complex, but with the right legal team by your side, you can ensure your case is handled properly. An experienced attorney will know how to gather the necessary evidence, navigate complex legal procedures, and fight for the compensation you deserve.

At Losi & Gangi, we specialize in personal injury cases, including slip and fall accidents. If you’ve 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.

If you’ve experienced a slip and fall injury, proving negligence is key to getting the compensation you deserve. Understanding the elements of negligence, gathering the right evidence, and working with an experienced attorney are all essential steps in building a strong case.

Contact Losi & Gangi today for a consultation. We’ll help you navigate your case with the expertise and dedication you need to secure a positive outcome.