New York Maritime & Construction Accident Lawyer Blog

5 Calls Your New York Construction Accident Lawyer Wants You to Make

Sat, 04 Feb 2012 08:00:00 EST

As a construction worker, you know that the day may come when you are injured on-the-job. You’ve seen it happen to your friends and coworkers. You know the odds of getting hurt on the job are significant, but do you know what you should do when an accident occurs? Do you know what phone calls to make immediately following your accident and do you know how to reach a New York construction accident lawyer?
Who to Call after a New York Construction Accident Injury
It is important to make three calls immediately following a construction accident. If you are not able to make the calls, then one of your coworkers, friends, or relatives should do so on your behalf. Specifically, you should contact:

Your Family
Your Employer
Emergency Services
Your Doctor
Your New York Construction Accident Attorney

The sooner these people are notified of your accident injuries, the sooner they can begin to help you recover. They each have a role to play in your physical, emotional or financial recovery after a New York construction accident.
What to Expect When You Call a New York Construction Accident Lawyer
Your New York City construction accident attorney is going to work hard to try to help you recover the damages to which you are entitled. When you call our New York construction accident law firm, we will likely set up a meeting with you to discuss your case and your potential recovery.
You can learn more about what to do after a construction accident, and how a construction accident injury lawyer may help you in our FREE publication, Hurt in a Construction Accident? You’re Not Alone or by calling us directly at 1-800-362 -9329.

The Dangers of Diesel: When a New York FELA Lawyer May Help

Sun, 29 Jan 2012 08:00:00 EST

It was at the beginning of the last century that diesel engines began to replace steam engines on our nation’s railroads and that workers began being exposed to the contaminants found in diesel fuel. Today, most of our trains are fueled by a combination of diesel fuel and electricity and potential health risks remain. While diesel exposure may be part of the job, it does not change a railroad worker’s right to contact a New York FELA lawyer to talk about a potential recovery if he is injured on-the-job.
Why Diesel Fuel is Dangerous
Diesel fuel is made up of a variety of chemicals, many of which would be potentially harmful on their own. For example, diesel fuel may include: carbon monoxide, nitric oxide, sulfur oxides and hydrocarbons.
These, and other chemicals contained in diesel, can result in significant injuries. The risk of injury may increase over time as workers continue to be exposed to the chemicals. Some of the specific risks associated with diesel fuel include:

Cancer
Chronic obstructive pulmonary disorder (COPD)
Asthma

When to Contact a New York FELA Lawyer
The Federal Employers Liability Act may allow railroad workers including, but not limited to, conductors, engineers and maintenance and repair personnel to recover damages if they have suffered a New York railroad illness from diesel fuel.
To find out more about your rights, and your potential recovery, please contact a New York FELA attorney today at 1-800-362-9329. If you have a case, then your lawyer will fight hard for fair and equitable recovery!

New Rule Coming for New Jersey and New York Railroad Workers in 2012

Sat, 21 Jan 2012 08:00:00 EST

On May 12, 2012 a new FRA regulation will go into effect to protect railroad workers. The regulation provides new safety procedures for railroad workers to follow when there is a train moving on an adjacent track. It is in direct response to an increase in fatalities caused by movement on adjacent tracks. This blog post will explain what will be required of railroad employers and when to contact a New York FELA attorney.

New Requirements for Railroad Employers
In order to prevent injuries from moving trains on tracks near where railroad workers are doing their job, the regulation will require:

Railroad employers to adopt safety procedures to protect workers from movement on adjacent tracks.
All work and equipment movement to stop while there is movement on an adjacent track.
All railroad employees to move to a predetermined place of safety when they receive warning of an approaching train, or other movement, on an adjacent track.

Further information may be forthcoming about how the railroad safety regulation is to be implemented before the effective date of the new regulation.

When to Contact a New York FELA Lawyer
If you are hurt while working on a railroad in New York or New Jersey, then it is important to contact an experienced New York FELA attorney at 1-800-362-9329 as soon as possible after your accident. Your New York railroad injury lawyer will work hard to get you the recovery that you deserve for your accident injuries.

Who Can Collect Pain and Suffering After a New York Maritime Accident?

Fri, 13 Jan 2012 08:00:00 EST

Maritime work is dangerous and there are many situations when maritime workers suffer emotionally and physically. However, not all maritime workers are able to recover financial damages for their pain and suffering. In order to know if you and your New York Jones Act attorney should fight for pain and suffering damages it is important to know who is entitled to such damages.

Are You Entitled to Maritime Accident Pain and Suffering Damages?

You may be entitled to damages for past and future pain and suffering if:

You were physically injured in a maritime accident.
You were exposed to a real risk of injury, such as being exposed to chemicals or conditions that could cause a long term illness, and you suffered because of it.

While you are likely suffering emotionally if you witness an accident or you are married to someone who is hurt in an accident, courts will generally not allow you to recover damages unless you meet the criteria described above.

Contact a New York Jones Act Attorney for Help

If you have been hurt in an East Coast maritime accident, then you owe it to yourself and to your family to call the experienced New York Jones Act lawyers of Hofmann & Schweitzer to learn more about how to protect your rights. Please call us today at 1-800-3-MAY-DAY (1-800-362-9329).

You can also learn more about your legal rights after a maritime injury in our free publication: The Legal Rights of Injured Seamen and Other Commercial Mariners.

THE NATIONAL 9/11 MEMORIAL AND MUSEUM MESS - SAD TRIBUTE TO THOSE WORKERS WHO SACRIFICED SO MUCH TO MAKE A REALITY OUT OF DISASTER

Wed, 11 Jan 2012 08:00:00 EST

THE NATIONAL 9/11 MEMORIAL AND MUSEUM MESS - SAD TRIBUTE TO THOSE WORKERS WHO SACRIFICED SO MUCH TO MAKE A REALITY OUT OF DISASTER
Mayor Michael Bloomberg has advised that work at the National September 11 Memorial and Museum project at the World Trade Center site is halting, and that the Museum will not open as scheduled in 2012 due to financial disputes between the Port Authority and the National September 11 Memorial & Museum Foundation. This is a sad testament to the many construction workers who labored under incredibly difficult conditions to make this project a reality. They, and the public, are the ones who suffer from this travesty.

THE NATIONAL 9/11 MEMORIAL AND MUSEUM MESS

Wed, 11 Jan 2012 08:00:00 EST

The Coast Guard reported today that the Fishing Vessel Mandy Ness capsized last night.

Wed, 11 Jan 2012 08:00:00 EST

The Coast Guard reported today that the Fishing Vessel Mandy Ness capsized last night. It had departed from the Lighthouse Marina, Barnegat Light, New Jersey. The Coast Guard also stated that one person died and one was rescued from a capsized vessel about 10 nautical miles east of Barnegat Light late Tuesday night.

Before the Coast Guard arrived at the scene, another fishing vessel, the Frances Anne, that sails from Barnegat Light, heard the broadcast and found the Mandy Ness. The crew aboard the Frances Anne was able to rescue one of the two people aboard the Mandy according to the Coast Guard.
When the Coast Guard Dolphin Crew arrived, a rescue swimmer dove in and heard tapping from under the capsized vessel, the Coast Guard said. The swimmer pulled out an unresponsive person, who was given CPR and transported by medevac helicopter to an air station, transferred to medical personnel and transported to AtlantiCare Regional Medical Center Mainland Campus in the Pomona section of Galloway Township. The Coast Guard said that the coroner at the hospital pronounced the person dead on arrival.

The Coast Guard does not yet know why the vessel capsized, but is doing an investigation, including a fly-over to view debris.

Our sincere sympathy goes out to the families of both crew members. We all know that commercial fishing is one of the most dangerous occupations. I have investigated many disasters unfortunately and it does not appear that over the years that safety is taken seriously in the industry.

How to Prevent New York Railroad Bridge Accident Injuries and Deaths

Mon, 09 Jan 2012 08:00:00 EST

In 2008, one person was hurt in a railroad bridge accident. In 2011, one person was hurt and one person was killed in two separate railroad bridge accidents. By examining some of the things that the 2008 and 2011 railroad bridge accidents had in common, the FRA and your New York FELA attorneys hope that future serious accidents may be avoided.

From the Three Railroad Bridge Accidents, Our New York FELA Lawyers Believe That:

Education May Make an Important Difference: In each of the three railroad bridge accidents that contributed to the issuing of the 2011 FRA advisory, the injured railroad worker had been provided with a personal arrest system according to the FRA’s preliminary findings. However, the employee was not using the personal arrest system in any of the three cases. The FRA is recommending daily safety briefings at each railroad bridge site to prevent future accidents.

Supervisors May Need to Take Greater Responsibility: The FRA’s preliminary investigations found that supervisors were advised of potential dangers but may not have taken the necessary steps to assess the dangers and make changes to protect workers. The FRA is recommending that grating only be unfastened for immediate work needs, and that it be clearly marked as unfastened to prevent future injuries.

Contact a New York FELA Lawyer if You’ve Been Injured

If you’ve been injured in a New Jersey or New York railroad bridge accident, then you may have the right to recover damages. Please contact an experienced New York railroad accident lawyer today at 1-800-362-9329 or via our online contact form for more information about your rights and how to pursue your potential recovery.

4 Risks to New Jersey Sustainable Construction Project Workers

Thu, 05 Jan 2012 08:00:00 EST

If you are a New Jersey construction worker who is working on, or considering working on, a sustainable or green construction project, then you deserve to know the risks. Additionally, you deserve to know what your rights may be if you are injured.

New Jersey Sustainable Construction Workers May Face Greater Risks than Colleagues

A recent study found that workers on sustainable, LEED or green environmentally friendly construction projects have:*

A 36% higher rate of lacerations, strains and sprains from the construction materials with which they work.
A 24% higher rate of falls during roof work, which the study attributed to the installation of solar panels.
A 19% higher rate of eye strain, which may be due to the reflective roofing materials used on green projects.
A 14% higher rate of exposure to harmful substances if their work includes installing new wastewater technologies.

Despite the increased risk, an injured worker has the same right to contact a New Jersey construction accident lawyer as his colleagues do for traditional construction projects.

A New Jersey Construction Accident Lawyer May Be Able to Help With Your Recovery

If you have been injured, or lost a loved one, in a New Jersey sustainable construction accident, then you may be entitled to compensation for your injuries and lost income. Please contact an experienced New Jersey construction accident attorney today at 1-800-362-9329, and please read our FREE publication Hurt in a Construction Accident? You’re Not Alone to learn more about how you and your New Jersey construction injury lawyer can protect your rights after an accident.

*Source: “Green Construction Workers May Face Additional Safety Risks”, EHS Today, by Laura Walter, November 30, 2011

Will New Committee Prevent Future Fatal New Jersey Train Accidents?

Thu, 29 Dec 2011 08:00:00 EST

New FELA attorneys and the public are less than 60 days away from hearing the recommendations of the Railroad Crossings Leadership Oversight Committee. The Committee has been charged with developing a national model to reduce train accident fatalities by keeping young people off of the train tracks.

Who is on this committee?

The Committee includes representatives from the:

Federal Railroad Administration
Federal Highway Administration
National Highway Traffic Safety Administration
New Jersey Department of Education
New Jersey State Police
New Jersey Motor Vehicle Commission
New Jersey Division of Highway Traffic Safety
New Jersey Transit Police
New Jersey Department of Transportation
Operation Lifesaver (a national group that works with rail agencies to educate the public about safety issues)

20 People Have Died in NJ Transit Accidents So Far This Year

These deaths, particularly the death of several teenagers within a few days of each in October, have prompted the development of this committee in an effort to save lives.

If You Are Hurt in a New Jersey Train Accident a New York FELA Attorney May Help

Fatal New Jersey train accidents have been in the news often in recent months. However, New Jersey is not unique and that is why the Committee will be working toward a national model to address this problem.

As the Committee works to prevent future problems, New Jersey and New York FELA lawyers work with survivors to help them with their current legal problems. For more information about how a New York train accident lawyer may be able to help you, please call 1-800-362-9329.

Keeping Children Safe from New York Railroad Accidents

Mon, 19 Dec 2011 08:00:00 EST

New York and New Jersey both make efforts to keep railroad employees and the public safe from railroad accidents. However, if you are a parent then it is important to take additional steps and to teach your child how to stay safe near railroad tracks.

Our New York FELA attorneys recommend that you:

Teach Your Children the Signs. You teach your children about stop signs and crosswalks, and it is equally important to teach them to recognize railroad signs. When you come to a railroad crossing with gates down or a yellow railroad sign, for example, you can explain what it means and what your child should do to stay safe.
Supervise Young Children. If you have any doubts about your child’s ability to understand and follow the signs, then you should not allow your child in the vicinity of railroad tracks without a trusted adult.
Tell Older Children the Truth. When your child is old enough to be unsupervised, tell your child your concerns. Explain what happened to other children in your area when they were on or near railroad tracks.

Above all, we want your child to stay safe and we want your family to avoid the horror of a New York train death. Yet, sometimes accidents happen despite your best efforts to prevent them. Sometimes it is not your child, but rather the railroad or a railroad employee, who is responsible for the accident.

Therefore, if your child has been hurt or killed in a New York or New Jersey train accident, then it is important to contact an experienced New York FELA lawyer today at 1-800-362-9329 for a free consultation.

How to Prevent and Recover From Maritime Hanging Staging Falls

Tue, 13 Dec 2011 08:00:00 EST

Maritime workers who work on suspended platforms, such as maritime hanging staging often share one common goal: Do Not Fall. A fall from such an elevation can result in a serious injury or death.

Falls May Be Preventable

Whether your work includes time on maritime hanging staging, you have been injured in a fall, or you have lost a loved one in a fall, it is important to understand that there are certain safe work practices that might prevent a fall and the resulting injuries.

In addition to the proper installation, maintenance and inspection of maritime hanging staging, OSHA specifically recommends that maritime employers implement the following to prevent falls:

General precautions
Standard guardrails, when appropriate
Precautions when using wire rope guardrails
Precautions for blasting or coating operations
Precautions for materials handling

These precautions can prevent catastrophic maritime accidents and the pain and loss that follow.

Contact a New York Jones Act Attorney if You’ve Been Hurt, or Lost a Loved One

The New York maritime injury lawyers of Hofmann & Schweitzer represent injured East Coast maritime workers, or their survivors, after serious maritime accidents. Since 1977, we have been representing injured maritime workers and helping them, and their families, get the recoveries they deserve.

For a free consultation, please call one of our experienced New York maritime accident attorneys at 1-800-3-MAY-DAY (1-800-362-9329). We also encourage you to read our FREE publication: The Legal Rights of Injured Seamen and Other Commercial Mariners to learn more about your rights.

* Source: OSHA, Shipyard Employment eTool, Scaffolds, Hanging Staging

Read More About Maritime Hanging Staging Accidents in our FREE library article: Attention Workers Who Use Maritime Hanging Staging

What to Do When You Experience a Construction Related Skin Injury in New Jersey

Tue, 06 Dec 2011 08:00:00 EST

Whether you are a New Jersey construction worker who is experiencing a sudden and significant burn or a subtle and irritating rash, you may be the victim of a serious New Jersey construction accident. In order to keep the skin condition from developing into a critical medical emergency, or ending your life, it is important to know what to do when you notice any skin related issues that may be related to your work.

First, take immediate action.* It may be important to wash the area that has been exposed or injured with a mild non-abrasive soap. Then, you may apply petroleum jelly or an oil based lotion to the area. In some cases, an antibiotic cream may be necessary, particularly if your skin is cut.

Next, seek medical care. If your condition is serious, then it is important to call 911 and get emergency services. If your condition is less serious, then you may bring yourself to the hospital or your doctor’s office for a diagnosis and treatment plan.

Finally, contact an experienced New Jersey construction accident lawyer. A New Jersey construction injury attorney understands that a skin condition is not just an irritant but may be a serious medical event that limits your ability to work, that causes you to incur significant expenses and that can threaten your life.

Our New Jersey construction accident attorneys are committed to fighting hard for the rights of injured workers. Please contact us today at 1-800-362-9329 and read our free publication Hurt in a Construction Accident? You’re Not Alone for more information.

*Source: The Center to Protect Workers Rights, Skin Problems in Construction, Hazard Alert

Read More About Skin Related Construction Injuries in our FREE library article: Why a Rash May Not be Just a Rash for a New Jersey Construction Worker.

How to Get Help After a Fatal New York Railroad Accident

Sat, 03 Dec 2011 08:00:00 EST

If you had the unfortunate experience of being the engineer on a train that hit a pedestrian, then you are likely going through a very difficult time. You, of course, are thinking about the victim of the accident and his or her loved ones. Our New York railroad accident attorneys are also thinking about the victim and the victim’s relatives, but we are also thinking about another victim.

That victim is you!

As a railroad engineer you may have anticipated the accident seconds before it happened and been unable to stop your train in time to prevent the inevitable crash. You did everything right, and yet the worse possible outcome occurred on your watch.

It is understandable that you might suffer significantly because of it. You might have emotional difficulties that prevent you from working or living your life the way that you did prior to the accident. You may have financial difficulties because of your lack of work, counseling, or medical bills. In short, you may need help.

New York Railroad Lawyers May Be Able to Provide That Help for You

If you are suffering emotionally or financially after a New York train crash, then you may be entitled to damages. A New York railroad attorney will work hard for your just recovery and help you get the assistance that you need to move on with your life.

For more information about your rights and possible recovery, please call an experienced New York railroad lawyer today at 1-800-362-9329.

Read More About How Fatal Train Accidents May Affect Employees in our FREE library article: Identifying all Possible Victims of Fatal New Jersey and New York Railroad Accidents.

Could NJ Transit Be Doing a Better Job of Keeping People Safe?

Fri, 18 Nov 2011 08:00:00 EST

Three teenagers lost their lives in New Jersey train accidents in a two day period at the beginning of October 2011. Three families, and countless friends, are left grieving the tragic loss of young lives. Through the pain and the grief, there are important questions to be answered that could prevent future tragedies. One of those questions is whether more could have been done to prevent these deaths.

Could NJ Transit Be Doing More to Prevent Railroad Fatalities?

New Jersey Transit is asking that very question and New Jersey Transportation Commissioner is convening a task force to hold safety summits. The task force is charged with determining whether safety could be improved at 340 New Jersey railroad crossings and how to educate children about the dangers presented by moving trains.

Prior to the October 2011 New Jersey train deaths, officials had already identified 33 stations that need better safety features such as fencing or lighting.

How a New Jersey or New York FELA Lawyer Can Help After a Train Accident

It isn't just teenagers and children who get hurt in railroad accidents. Often the harm comes to New York and New Jersey railroad employees. If you have been hurt in a NJ Transit accident or any other New Jersey or New York railroad accident, then you may be entitled to damages for your injuries.

Please contact an experienced New York FELA attorney today via our online contact form or at 1-800-362-9329 for more information about your rights and potential recovery.

3 Ways to Stay Safe on New York Commuter Rails

Wed, 16 Nov 2011 08:00:00 EST

Every day you wake up, get yourself ready for work and board the train. It's part of the routine of your workweek. It's something that is commonplace in the Metro New York area, and you probably give little thought to it unless there is a problem.

However, before you board the commuter train tomorrow, our New York FELA lawyers want you to be aware of specific dangers for railroad workers and passengers on board the crowded commuter rails of New York and New Jersey.

3 Commuter Rail Dangers

Specifically, we want you to think about:

Keeping a Distance From the Train Tracks While on the Platform: Train platforms can quickly become crowded with people late for work or eager to get home. If you are too close to the edge, you risk being pushed onto the tracks.
Staying Seated or Holding On While the Train is Moving: If the train stops suddenly you could be seriously injured.
Avoiding the Herd of People Disembarking the Train: The same people who were eager to get on the train now can't wait to get off the train. If you notice a swarm of people moving quickly, try to keep your distance to avoid injury.

Contact a New York FELA Attorney if You've Been Hurt

Sometimes New York commuter rail accident injuries occur even if you try to stay safe. If you've been hurt, please contact an experienced New York train accident attorney today at 1-800-362-9329 for a free consultation.

Hiring a New York Jones Act Attorney May Mean Recovery Without Court

Sun, 13 Nov 2011 08:00:00 EST

Many injured seamen and maritime workers hire a New York Jones Act attorney because they have a legal dispute. They are concerned about their potential recovery, but may have concerns about going to court.

While our New York maritime injury lawyers have successfully taken many cases to trial and would not hesitate to do so if it was in the best interest of one of our current clients, we often resolve issues before a trial is necessary.

Our experienced New York Jones Act lawyers can encourage settlements by:

Thoroughly investigating your case to understand what it is worth and what a fair settlement might be for your injuries.
Using our negotiating skills to effectively communicate with the other side about your potential recovery.
Keeping your goals in mind and working hard to achieve justice on your behalf.

It is important to contact a New York City Jones Act lawyer as soon as you are injured so that your lawyer can get started working on your potential settlement. Anything that you say to your employer, to an insurer, or even to a coworker can later be used against you in settlement negotiations. Therefore, we advise you not to say anything or sign anything prior to consulting with legal counsel.

Often, an experienced lawyer can recover a higher settlement than an injured seaman can on his own. Please contact an experienced New York maritime attorney at 1-800-3-MAY-DAY today for more information.

We also invite you to read our FREE book: The Legal Rights of Injured Seamen and other Commercial Mariners to learn more about your rights.

Don't Let a New Jersey Trench Be Your Grave

Tue, 08 Nov 2011 08:00:00 EST

Since 2003, more than 200 construction workers have died in trench accidents. According to the U.S. Occupational Safety & Health Administration (OSHA), "Unprotected trenches are among the deadliest hazards in the construction industry and the loss of life is devastating..."*

Yet, trench accidents are preventable. New Jersey construction workers do not have to die.

You can protect yourself from a fatal New Jersey trench accident.

OSHA recommends that construction workers working in trenches take the following five steps:

Ensure that trenches are protected from cave-ins by sloping, benching, shoring or shielding of trench walls.
Inspect trenches at least at the beginning of the shift and as necessary during the course of the shift.
Have safe entry and exit ways.
Know where underground utilities are located before digging.
Keep all equipment and materials at least two feet from the edge of the trench.

Employers also have responsibilities, and you may be able to recover damages if you are hurt in a New Jersey construction trench accident.

The steps described above will prevent some, but not all, trench accidents. If you have been hurt, or a loved one has been killed in a New York or New Jersey trenching accident, then you may have the right to recover damages.

Please contact an experienced New Jersey construction accident attorney today for more information about your rights. The New Jersey construction accident lawyers of Hofmann & Schweitzer are committed to helping injured construction workers get the recoveries they deserve.

Please call us today at 1-800-362-9329 and please read our FREE publication: Hurt in a Construction Accident? You're Not Alone.

*Source: U.S. Department of Labor, OSHA Trade News Release, OSHA publishes new educational materials on working safely during trenching operations, October 3, 2011

Read more about New Jersey trench accidents in our FREE library article: OSHA Issues Harsh Words and New Guidance about Construction Trench Accidents.

3 Ways Your New York Railroad Employer Could Have Prevented Your Burn Injury

Fri, 04 Nov 2011 08:00:00 EST

Railroad burn injuries, as with many other types of train injuries, may be prevented by railroad employers in some circumstances.

While not every burn injury is foreseeable, railroad employers may be able to reduce the likelihood of railroad burn injuries by:

Properly maintaining and inspecting equipment. Equipment that is in good working order may be less likely to overheat or catch fire.
Training employees about what to do in an explosion or fire. Explosions or fires require quick action by railroad employees so that serious burn injuries can be avoided by train workers and passengers. There may be little time to think of a plan of action in an emergency and thus, railroad workers should know what to do before an explosion or fire occurs.
Having emergency procedures in place if an explosion or fire occurs. The procedures should be clear and easy to follow for train workers facing an explosion or fire emergency that puts their lives, and others, in danger.

Contact a New York FELA Lawyer if You've Been Burned

If you have been hurt in a railroad fire or otherwise have suffered a burn injury while working on the railroad, then you may be entitled to damages. Please contact an experienced New York railroad attorney today for a free consultation. The experienced New York railroad lawyers of Hofmann & Schweitzer can be reached at our New York office at 212-465-8840, our New Jersey office at 908-393-5662 or Toll Free at 800-362-9329. You can also reach us via our online contact form.

Learn more about recovering from New York railroad burn injuries in our FREE Library article: How to Recover Damages After a New York Railroad Burn Injury.

What Your New York FELA Lawyer Thinks of 3 Excuses Your Employer May Use

Mon, 24 Oct 2011 08:00:00 EST

As a railroad employee, you've likely heard all the excuses in the book as to why safety violations occur on your jobsite or why your employer is refusing to make changes to keep you safe. Here's a few of our "favorites" that our New York FELA lawyers would like to officially debunk.

"I didn't know about that regulation." We're willing to give your employer the benefit of the doubt and assume that despite various trainings, inspections and government guidance that your employer truly didn't know about the regulation. Even if that is true, your employer should be taking immediate and specific steps to fix the railroad safety violation once you bring it to his attention.

"You have nothing to worry about. Don't you trust me?" Trust has nothing to do with it. Your employer should not be asking for your blind trust. You have the right to know whether your employer is complying with applicable safety requirements and whether you are in any danger. If your employer is not willing to answer your specific safety questions, then you may be concerned about the steps your employer is taking to keep you safe.

"That safety provision is too costly." Expense is not an excuse to opt out of required railroad safety regulations. Additionally, even if the safety provision is costly it is unlikely to be as costly as the legal exposure your employer faces for knowingly ignoring safety regulations that could've prevented injuries.

If you've heard any of those excuses, or others, and suffered a railroad accident injury, then please call 1-800-362-9329 today to speak with an experienced New York FELA attorney about your rights and potential recovery.

Tappan Zee Bridge Reconstruction Slated To Begin Next Year

Mon, 24 Oct 2011 08:00:00 EST

Tappan Zee Bridge Reconstruction Slated To Begin Next Year

The New York Post reported that The Tappan Zee Bridges makeover could start as soon as next year in light of President Obama, in his push to help with job creation to help the economy, has "fast-tracked" the project. We applaud this wholeheartedly. The multi-year project will create tens of thousands of jobs and improve safety on the Hudson River span that connects Westchester and Rockland counties on Interstates 87 and 287.

We are concerned about the cost, however. New York officials peg the cost of the Tappan Zee work, possibly the biggest job-creating infrastructure project in the nation, at $5 billion to $6 billion. Rebuilding our state's infrastructure will create jobs, help this region remain vital and help propel us into the 22nd Century when, who knows, we may not have cars!

Corinne Brown - U.S. House of Representatives member with No Heart, but Hand in the Pocket of Cruise Lines

Mon, 24 Oct 2011 08:00:00 EST

Corinne Brown - U.S. House of Representatives member with No Heart, but Hand in the Pocket of Cruise Lines

What is Rep. Corinne Brown thinking? We think we know - whatever the cruise ship industry tells her to think.

As a member of the House of Representatives from the State of Florida, and the recipient of thousands of dollars from the mega cruise ship operators, in particular money passed through from Carnival Cruise Lines, Royal Caribbean and Norwegian Cruise Lines, Ms. Brown is always willing to throw seamen under the ship to bolster even larger profits of the cruise ship companies. A few years back, seamen's advocates and the cruise lines entered into a compromise whereby cruise ship workers, who notoriously were forced to work 70-100 hours per week, 7 days per week, for as many as 10 consecutive months, while being cheated out of overtime pay, would still be allowed to use the U.S. Seaman's Wage Act to sue in class actions for unpaid wages and a reasonable penalty for unjust actions by the shipowners.

Generally, seamen, even on passenger ships carrying 500 or more passengers, may bring their own separate claims and receive in compensation of two days pay for each day wages are wrongfully denied. This has been recognized by the U.S. Supreme Court as a powerful deterrent to shipowners from cheating their employees. See, Griffin v. Oceanic Contractors, Inc., 458 U.S. 564, 102 S.Ct. 3245 (1985)

Now, however, Ms. Brown has offered an amendment to 46 U.S.C. § 10313, the Seaman's Wage Act, which would prevent individual seamen on passenger ships from receiving that potential penalty wage, rather, they would be limited to ten times the wages not paid. That may sound like a lot, but many of these workers make only a few dollars a day in wages. Ten times $10 is only $100. The filing fee for bringing a case in federal court currently is $350, so a seaman simply will not be able to bring his claim in court, and no lawyer would represent him on a contingency fee basis.

The cruise lines know this, Ms. Brown knows this, and now you do too. Tell Ms. Brown to start representing the people, not billionaire multi-national cruise ship companies.

The firm of Hofmann & Schweitzer has, for over 35 years, represented individual seamen in wage claims against shipowners who have cheated them. We are proud of the work the seamen do, and support their rights to a fair opportunity to obtain redress in court.

Will The Moynahan Station (Amtrak-NJ Transit Train Station in Midtown) Ever Be Built?

Mon, 24 Oct 2011 08:00:00 EST

Will The Moynahan Station (Amtrak-NJ Transit Train Station in Midtown) Ever Be Built?

The people of the City, and those who travel here, have been aggrieved by short-sighted

transportation administration for decades. Want examples? The destruction of the beautiful

Pennsylvania Station, the cancellation of the tunnel under the Hudson by Christie, the

interminable delays in developing the central post-office into the Moynahan Station. We are

concerned that in today's budget conscious environment much needed employment for

dockbuilders, pile drivers, carpenters, concrete workers, iron workers, electricians and all the

other building trades will be passed over.

An interesting development is Governor Cuomo's announcement this week that he has

recommended Patrick J. Foye to become executive director of the Port Authority of New York

and New Jersey (PANYNJT), and has called for consolidation of the Moynihan Station

Development Corp. and the Lower Manhattan Development Corp. (LMDCT) operations into the

Port Authority. His studies show that there would be no fiscal impact to PANYNJ as a result of

this actions, and would, rather, build efficiencies into the rebuilding. The governor stated, "The

Port Authority is best situated to oversee the development at Moynihan Station and the orderly

wind down of the LMDC, and these changes will consolidate responsibility within the

Authority."

Chris Ward is reportedly resigning by the end of the month after many years at the helm of the

PANYNJ, and Mr. Foye's nomination is subject to PANYNJ board approval. The Building and

Construction Trades Council of Greater New York, commended Foye's nomination, looking

forward to competent and practical management by the Port Authority in maintaining and

expanding regional transportation assets and completing the rebuilding of the World Trade

Center site.

We applaud any actions that will provide jobs to our construction worker constituents, which,

Mr. Christie, will spur the economy in both New York and New Jersey.

3 Things that May Ruin Your New York Maritime Accident Recovery – and How to Avoid Them

Wed, 12 Oct 2011 08:00:00 EST

Did you know that the actions you delay taking after a serious New York maritime accident can impact your ability to recover damages for your injuries? In some cases inaction can preclude you from a financial recovery.

Accordingly, our New York Jones Act Lawyers want you to avoid these three common mistakes:

Refusing Medical Treatment. Without a diagnosis or treatment, it can be difficult to recover damages for maintenance and cure. Typically, injured seamen may recover compensation for medical expenses until they reach their maximum medical cure and for living expenses while they are unable to work. It is important for a doctor to determine maximum medical cure and when you are physically able to go back to work.
Talking Too Much. Be careful what you say on Internet sites like Facebook and Twitter, to your coworkers and to your employers. Do not sign any statements before your attorney has reviewed them and do not provide any recorded statements. What you say can later be used against you in your maritime accident lawsuit.
Putting Off Calling a New York Jones Act Attorney. The sooner you call a New York Jones Act lawyer, the sooner that your lawyer can get to work making sure your lawyer can get to work protecting your rights and potential recovery.

If you are ready to get serious about your potential recovery and your future, then we invite you to contact one of our experienced New York City Jones Act lawyers today at 1-800-3-MAY-DAY to discuss your case.

What New Jersey Construction Employers Should Do Immediately After an Accident

Fri, 07 Oct 2011 08:00:00 EST

While the potential for construction injuries is well-known, construction accidents are often unexpected. Construction employers and construction workers do not know when they will occur or exactly how bad the injuries may be. Yet, they need to be prepared for the eventuality of serious injuries or death.

One way that New Jersey construction employers can be prepared for New Jersey construction accidents is to train workers what to do in case of an emergency. Often, this will include calling 911 and/or administering first aid.

New Jersey construction workers have one advantage that other construction workers do not have and that is the proximity of hospitals and the availability of the 911 system. While workers in remote parts of the country may be hours from a hospital, a New Jersey construction worker can often get to a hospital quickly provided that his employer and coworkers know enough to quickly make the emergency call.

Since a hospital is typically reasonably accessible, OSHA does not always require New Jersey construction employers to have a certified first aid worker on-site. However, employers could certainly elect to have first aid workers available to provide immediate care to an injured worker while help is on the way.

If you have suffered a New Jersey construction injury, then you may be entitled to damages - even if your injury was caused by your employer's failure to act after the accident. To learn more, please contact an experienced New Jersey construction accident lawyer today at 1-800-362-9329. The New Jersey construction accident attorneys at Hofmann & Schweitzer are committed to helping you with your just recovery.

3 Things Your New York Railroad Lawyer Knows and Wants to Share With You

Tue, 04 Oct 2011 08:00:00 EST

You've probably never been in this situation before. Typically, when our clients call us it is the first time they have ever been hurt while working for a New York railroad. You, understandably, have a lot of questions and don't know what to expect. That's where our experienced New York railroad attorneys can help.

As an injured railroad worker, you may not know that:

Your employer may not be looking out for your interests. You may have a good relationship with your employer and trust your employer. However, if you have been injured in a New York railroad accident, then your employer is likely going to protect its own interests before yours.
The Federal Railroad Administration (FRA) may not be interested in your injuries. The FRA does not investigate every railroad accident. Instead, the agency has certain criteria which must be met before an investigation is likely to occur.
You may still have the right to recover damages. If the FRA does not investigate your accident, you may still be able to recover damages. A New York railroad lawyer may conduct an investigation and advise you of your legal rights.

Our experienced New York railroad lawyers can answer your questions and share our decades of combined legal experience with you. We want to help you recover the damages that you deserve and make sure that you have all of the information necessary to make a full and fair recovery.

For more information, please call a New York railroad attorney today at 1-800-362-9329.

Are Old Railroads in New York and New Jersey a Problem?

Mon, 26 Sep 2011 08:00:00 EST

Last winter there were delays. This summer there were delays. Is the aging infrastructure of the railway system in the New York and New Jersey area merely an inconvenience, or is it potentially dangerous?

As government funds for railroads have become more limited in recent decades, some railroad companies have put off needed maintenance and repairs. Additional projects to accommodate a boom in commuter ridership have also been put off and further tax an already aging railway system.

Will the Railroad Infrastructure Be Updated?

It is currently unclear how Amtrak, NJ Transit and others will pay for needed repairs and maintenance. In the meantime, as riders continue to travel by train, it is important to be aware of the potential problems and know what to do if you are in a New York railroad accident.

Contact a New York FELA Attorney

If you've been injured, or if you've lost a loved one, who was working on the railroad in New York or New Jersey, then it is important to know that you have rights and that you may be entitled to a legal recovery for the harm that has been done.

As a worker, you have little control over the maintenance of the railroad system or over the conditions in which you work. If you have been hurt, then it is important to contact a New York FELA lawyer today to learn more about your rights and potential recovery. Please call an experienced New York railroad lawyer today at 1-880-362-9329 for more information about your rights.

How to Use Your Cell Phone to Help You After a New York Slip and Fall

Sat, 17 Sep 2011 08:00:00 EST

While many of us remember our pre-cell phone lives, it is hard to imagine what life would be like without constant access to a smartphone these days. We use it for everything from making phone calls, to taking pictures, to looking things up on the Internet. Most days it makes our lives easier, but on other days it is simply invaluable. For example, if you are injured in a New York City slip and fall, then the use of a cell phone may make an important difference in your recovery.

Specifically, if you are physically able to do so, then you should consider using your phone to:

Take pictures of the accident scene. Whether you are hurt on an indoor staircase or an outside sidewalk, conditions can change quickly after your accident. For example, wet surfaces may dry or trip and fall hazards may be removed. Thus, it is important to photograph the scene of your accident if you are able to do so.
Text relatives, coworkers or friends. Let someone know what happened to you. If you are headed to the hospital, ask someone to come meet you.
Call 911 or arrange for medical care.
Record the name and contact information of witnesses. This information may be useful to you in a future New York slip and fall case.
Call a New York slip and fall attorney. A lawyer may be able to help you with your financial recovery.

For more information, please call an experienced New York slip and fall lawyer today at 1-800-362-9329 for a free consultation.

Could Hours of Service Rules be Next for Towing Vessel Workers?

Sun, 11 Sep 2011 08:00:00 EST

Recently, the Coast Guard proposed a new rule regarding safety inspections for many of our nation's towing vessels. The rule was proposed in accordance with a law passed seven years ago - the Coast Guard and Maritime Transportation Act of 2004 - that required such inspections.

In the rule proposed on August 11, 2011, the Coast Guard states that it is considering establishing hours of service standards for tow vessel workers, and it is requesting public comment on this issue.

Specifically, the Coast Guard is looking for feedback about*:

The best way to manage work and rest periods on towing vessels
How many hours of uninterrupted sleep towing vessel workers need
The potential economic consequences of hours of service rules
The benefit of required hours of service rules
Whether hours of service rules are likely to reduce accidents and injuries

The Coast Guard recognizes that concern about maritime worker fatigue is not new and that individuals have different sleep requirements to be able to be alert and function safely. However, the Coast Guard is considering maritime hours of service rules for towing vessel maritime workers that would require a 7 or 8 hour period of uninterrupted sleep and another sleep period within each 24 hour period.

Are you a tow vessel worker? What do you think about hours of service rules? Be sure to let the Coast Guard know before it is too late. If you have been hurt or if you have lost a loved one in a towing vessel accident, then please call a New York Jones Act attorney today at 1-800-3-MAY-DAY.

*Source: Occupational Health and Safety, Coast Guard Setting Safety Rules for Towing Vessels, August 13, 2011

Read More About Towing Vessel Safety in our FREE Library Article: New Proposed Rule for Towing Vessel Safety.

FRA Uses Science to Prevent New York Train Accidents

Sun, 04 Sep 2011 08:00:00 EST

Can fatigue be measured? Is there a scientific way to determine when someone is too tired to operate a train safely? The United States Department of Transportation and Federal Railroad Administration believe that the answers to those questions are yes.

Last month, the FRA released new regulations concerning hours of service for passenger train crews. These regulations are the first hours of service rules in the transportation industry to be based on "fatigue science."

Fatigue science uses modeling tools and data on human alertness to create employee schedules and reduce the likelihood of crashes caused by fatigue.* Specifically, the science uses tools to measure, mitigate and evaluate fatigue levels in order to determine how best to protect people from fatigue-related mistakes.

Even fatigue science recognizes that a complete elimination of fatigue in the workplace is an impossible goal and that the potential for New York railroad accidents caused by fatigue will continue. However, by recognizing that railroad workers work untraditional and long hours and trying to use scientific data to predict fatigue, the FRA, Fatigue Science, passenger train crews and railroad passengers hope that accidents can be reduced.

If you have been injured on a New York passenger train, then you may be entitled to damages if your injuries were caused by a train worker's fatigue or mistake. Please contact an experienced New York railroad attorney today at 1-800-362-9329 for more information. The experienced New York railroad lawyers of Hofmann & Schweitzer would be pleased to provide you with information about your rights and your potential recovery.

*Source: Federal Railroad Administration, Press Room, U. S. Department of Transportation Launches Initiative to Prevent Employee Fatigue and Increase Safety on America's Railways, August 12, 2011

Read More About Passenger Train Hours of Service Regulations in our FREE library article: New, Historic FRA Decision Affects New York Passenger Trains.

Metro North Ordered to Pay Punitive Damages for Alleged Retaliation Against Injured Employee

Sun, 28 Aug 2011 08:00:00 EST

In July 2008, William Ordner, an employee of Metro North, was injured. Reports indicate that he suffered a significant knee injury when he stood up after a lunch break. Metro North argued that the knee injury could have happened at any time, and actually occurred while Mr. Ordner was not performing his occupational duties. Thus, the railroad classified the knee injury as non-occupational. Mr. Ordner and the federal government disagree with the classification of this railroad injury.

On August 5, 2011, OSHA concluded that the knee injury was an occupational injury, and that Mr. Order was entitled to the protections of the Federal Railroad Safety Act. Accordingly, the agency ordered Metro North to:

Pay $2,210.20 in out-of-pocket medical expenses incurred by Mr. Ordner.
Promote Mr. Ordner to Locomotive Engineer effective November 24, 2008. The agency found that Mr. Ordner was wrongfully denied and retaliated against for reporting his railroad occupational injury, and thus denied the promotion he applied for in late 2008.
Pay Mr. Ordner back pay consistent for the promotion that was wrongfully denied.
Pay Mr. Ordner's attorney's fees.
Pay $5,000 in compensatory damages for the inconvenience and mental anguish caused by the wrong classification of Mr. Ordner's injuries.
Pay punitive damages of $125,000 to Mr. Ordner.
Take corrective action steps to ensure this doesn't happen again.

Metro North has indicated that it will appeal this decision.

If you have suffered a New York railroad injury, then you cannot be confident that your employer will protect your rights. Please call an experienced New York FELA attorney today to discuss your rights. The New York FELA lawyers of Hofmann & Schweitzer can be reached at 1.800.362.9329 for a free and confidential consultation.

More Ways to Prevent New Jersey Trench Cave-in Fatalities

Tue, 23 Aug 2011 08:00:00 EST

You go to work every day knowing that your excavation work is dangerous and you trust your construction employer to do what is necessary to keep you safe while you are working in a trench. However, it is not just your construction employer who has the ability to keep you safe. Both you and the owner of the property can take certain steps to ensure your safety.

How the Owner Can Help

An owner who knows that trenching or excavation is necessary for the project being commissioned on his or her land should insist on trench safety practices. For example, the property owner could put trench safety provisions in bid documents and contracts to make sure that the construction company understands its obligations.

What You Can Do to Help Prevent a New Jersey Trench Accident

As a worker, you may not control how a trench is made or maintained, but you can control your own actions. For example, it is important to inspect a trench before getting into it and to refuse to get into an unsafe trench.

How a New Jersey Construction Accident Lawyer Can Help After a Trench Collapse

While you, and the owner, may be able to take proactive steps to help prevent trench accidents, the responsibility for keeping trenches safe often resides with your New Jersey construction employer. If you have been hurt, or a loved one has been killed, in a New Jersey excavation accident, then it is important contact a New Jersey construction accident attorney today at 1-800-362-9329 for more information about your rights and potential recovery.

*Source: Workplace Solutions from the National Institute for Occupational Safety and Health, Preventing Worker Deaths from Trench Cave-ins, June 2011.

Read More About Preventing New Jersey Trench Collapse Accidents in our Free Library Article: Are New Jersey Construction Trench Accidents Inevitable?

Are Your Kids Safe at Your New York Hotel?

Fri, 19 Aug 2011 08:00:00 EST

Traveling with children can be both rewarding and challenging. There is nothing quite like seeing something through your child's eyes - especially when that something is as novel and grand as New York City. However, it can be challenging to be away from the safety of your own home.

Your hotel may not have a responsibility to prevent every foreseeable danger, but there are some responsibilities that your hotel does have to its guests. For example, a hotel may be potentially liable for harm done to your child if the hotel:

Failed to warn or fix a slip or trip and fall hazard that staff knew or should've known about.
Provided a crib for your child that had been recalled by the Consumer Protection Safety Commission.
Failed to provide adequate security and your child was assaulted, raped, or otherwise injured.

A New York Slip and Fall Attorney May be Able to Help After Any of These Injuries

If you, or your child, have been hurt because of a New York trip and fall, slip and fall, defective piece of equipment, or inadequate security, then you may be able to recover damages for the injuries sustained. Damages may include compensation for medical expenses, lost income, out-of-pocket expenses and pain and suffering.

For more information, please contact a New York slip and fall lawyer at Hofmann & Schweitzer today. We can be reached at 1-800-362-9329 and we will be pleased to provide you with a free consultation about your case and potential recovery.

How East Coast Commercial Fishing Fatalities May Be Prevented This Decade

Fri, 12 Aug 2011 08:00:00 EST

A study of East Coast commercial fishing deaths in the decade between 2000 and 2009 found that vessel disasters were the most common reason for commercial fishing fatalities. This information is important to have not only for the families grieving the loss of their loved ones, but also to use in order to prevent other families from having to grieve similar losses in the future.

How Vessel Disasters May Be Prevented

The most common causes of fatal vessel disasters are vessel instability and flooding. Maritime employers can use this information to prevent future deaths by:

Training fishermen on how to survive - If fishermen know the risks, then they can be trained on what to do at the first signs of vessel instability or flooding - saving lives.
Providing fishermen with the equipment required to survive - In addition to training fishermen, appropriate life saving equipment such as personal flotation devices and life boats could help prevent fatalities.
Using the information to improve designs and safety features to prevent future accidents - The best way to prevent future fatalities is to prevent vessel instability and flooding from occurring in the first place. Knowledge of the most common causes of vessel disasters may help guide future research and development.

Contact a New York Jones Act Attorney After a Fatal Vessel Disaster

If you have lost a loved one in an East Coast commercial fishing accident, then you may have the right to recover damages for your loss. Please contact an experienced New York Jones Act lawyer today at 1-800-3-MAY-DAY to learn more.

Read more about East Coast Commercial Fishing Fatalities in Our Free Article: A Decade of East Coast Commercial Fishing Fatalities.

Are New York Railroad Bridges Safe?

Fri, 05 Aug 2011 08:00:00 EST

As a New York railroad worker, it probably isn't difficult to imagine the horror that could happen if a New York railroad bridge fails. If a bridge were to catastrophically fail, then it could be difficult for anyone on board the train to survive and anything located under the bridge would almost certainly be in jeopardy.

Maintaining Safe Railroad Bridges

Thus, in 2008, the Federal Railroad Administration (FRA) and the railroad industry reached an agreement about key inspection and maintenance requirements for railroad bridges. Among other things that agreement requires:

An assignment of responsibility for railroad bridges and maintenance of those bridges
Procedures to be established for the movement of loads that exceed the normal capacity of the bridge
Maintenance of records regarding bridge design, construction, modifications and repairs
Specific procedures for designing and rating bridges
Bridge inspections

Call a New York Railroad Attorney if You've Been Hurt in a New York Railroad Bridge Accident

Whether you are a railroad worker, a train passenger, or someone who just happened to be on, near, or below a railroad bridge at the time of an accident, you may have rights to recover damages if you have been injured. Damages may include compensation for your medical costs, lost income, out-of-pocket expenses, pain, suffering and other damages.

For more information about your legal rights to recovery, please contact a New York railroad lawyer today at 1-800-362-9329 for a free consultation.

Why a Qualified Crane Signal Person is Important to Your Safety on a New Jersey Construction Site

Tue, 02 Aug 2011 08:00:00 EST

New Jersey construction injuries and fatalities happen for many reasons. There are many dangerous jobs where just one wrong move can result in tragedy. The job of the crane signal person is one of those jobs. Literally, one wrong move of a hand or one misunderstood signal can create a dangerous and potentially deadly situation.

OSHA Crane Signal Person Requirements

For that reason, OSHA requires that every crane signal person be qualified prior to giving any signals. In order to be a qualified crane signal person, the person must either have documentation from a third party qualified evaluator or the employer's own qualified evaluator that shows that he or she meets the qualification requirements for the job. To gain this documentation the person must show in both a practical test and an oral or written test that he or she:

Knows and understands the types of signals used.
Is competent in using the signals.
Has a basic understanding of how equipment works and its limitations including, but not limited to, crane dynamics.
Knows and understands relevant OSHA regulations.

Contact a New Jersey Construction Accident Lawyer if You've Been Hurt

If you have been injured in a New Jersey crane accident, then it is important to understand who caused your injury and your rights to a potential recovery. Whether it was the crane signal operator, your employer, or another construction worker who caused your injury you may be entitled to compensation. Please contact a New Jersey construction accident attorney today at 1-800-362-9329 for more information.

Why New York Railroad Workers May Suffer, and Recover, From Whole Body Vibration Injuries

Fri, 29 Jul 2011 08:00:00 EST

Some New York railroad workers are hurt in sudden accidents while others suffer injuries, such as whole body vibration injuries, because of the repetitive nature of their difficult work. If you've been hurt in either type of accident, then it is important to know that you may be entitled to damages and that you have the right to contact a New York FELA attorney.

Why Railroad Workers May Suffer From Whole Body Vibration Injuries

According to a study conducted by doctors and other experts at Occupational and Life Science in New York, Mt Sinai School of Medicine in Manhattan and an Institute in St. Augustin, Germany, railroad workers are at risk of suffering whole body vibration injuries because:

They work in a unique environment with exposure to multi-axis whole body vibration and shocks.
They work long hours over many years in this environment.
Seats are often defective or poorly designed to protect against vibration injuries.

The experience of absorbing vibrations over a period of time can result in significant injuries to a railroad worker's shoulders, back, neck, hands, feet, hips, or knees.

Recognize the Symptoms of Whole Body Vibration

It is important to seek medical help if you experience:

Pain
Burning or discomfort in your joints
Stiffness
Weakness
Headaches or other body aches

Contact a New York FELA Lawyer for Assistance

After you seek medical help, it is also important to call a New York railroad lawyer who is compassionate and who wants to help you with your recovery. Call 1-800-362-9329 today to learn more about your rights and potential legal recovery.

*Source: Whole-Body Vibration Related Ergonomic Study of U.S. Railroad Locomotives & Operators

New York Slip and Fall Lawyer Warns About Dangers of Portable Pools

Fri, 22 Jul 2011 08:00:00 EST

Accidental drowning is the second leading cause of accidental deaths in children ages 1 - 14. Now that summer is here, it is important to learn how to protect your child, and children who may be visiting your home, from drowning and other serious injuries on your property.

A New York Slip and Fall Attorney Urges Caution Around All Types of Water

The potential for drowning injuries, of course, exists around natural bodies of water and full size swimming pools. However, a recent report published in the Journal of Pediatrics also finds that portable inflatable pools are a "significant risk" for children under age five. Some of the reasons for the risk include:

The sides of the pool are not sturdy and can cause a child to slip and fall in the pool when playing or trying to get out.
A distracted child may trip and fall into the pool when the parent is unaware.
The pools are too heavy and hold too much water to realistically be emptied every day and they are often not secured in the way that a full size pool would be secured. Thus, neighborhood children are vulnerable to accidents.

Call a New York Slip and Fall Lawyer for Help

If your child has been hurt or killed in a portable pool accident, then your family may have legal rights to recovery. Please contact a New York pool accident attorney today at 1-800-362-9329 for more information about your rights.

Read More About Pool Accidents in our Free Library Article: 3 Dangers of New Jersey and New York Swimming Pools.

How a New York Jones Act Attorney Will Help You Recover from Fatigue Related Injuries

Thu, 14 Jul 2011 08:00:00 EST

You know how hard the crew of your ship worked. You may clearly remember the feeling of fatigue that came from working many hours at a demanding job on the water. You may even understand that it was the fatigue of your crewmates that led to the accident which resulted in your injury, but how do you prove that? Is the fatigue relevant to your recovery?

If you are a seaman, then you may have the right to recover damages for injuries you incurred because of your employer's negligence. If your maritime employer failed to adequately prevent fatigue and / or failed to recognize the signs of fatigue, then your employer may have been negligent; you should contact a New York Jones Act attorney as soon as possible.

Your New York Jones Act lawyer will review your case, and, if appropriate, investigate the cause of your accident to help you pursue damages for maintenance and cure. Together, you and your New York maritime accident lawyer can fight for your just recovery for medical bills, living expenses, impairment of earning capacity and in some cases pain and suffering.

Your employer should be aware of the potential problems that can result from maritime fatigue, both as a matter of common sense and because it is well documented within the maritime industry. For more information about your rights and potential recovery, please contact an experienced New York injury attorney at 1-800-3-MAY-DAY today for a free and confidential consultation.

Read More About the Problem of Maritime Fatigue in Our Free Library Article: How Tired Was the Crew? Your New York Jones Act Attorney Wants to Know.

How to Pursue a Legal Recovery for a New York Railroad Amputation Injury

Sat, 09 Jul 2011 08:00:00 EST

The damage is obvious. You have been hurt in a New York railroad accident and you are missing a limb. While the connection is painfully clear to you, it may also come as no surprise to you that the railroad is going to try to limit your financial recovery. To maintain your standard of living, and perhaps to get the medical care and rehabilitation services that you need to move forward with your life, it is important to pursue a legal recovery for your injuries. A New York railroad attorney may be able to help you do just that.

How Your New York Railroad Lawyer May Help You

Generally, in order to help you with your recovery, your New York FELA lawyer may:

Investigate the cause of your amputation injury. Your lawyer will look at all of the facts of your case and look into whether the railroad followed all applicable regulations and safety guidelines.
Help you determine the true cost of your damages. Your damages may include compensation for past and future medical costs, rehabilitation expenses, lost income, out-of-pocket expenses and pain and suffering. Your lawyer can help you estimate what your future expenses may be and what you may reasonably expect for your injuries.
Zealously advocate on your behalf. If you have a case against the railroad, then your lawyer will aggressively negotiate and zealously advocate for your full recovery.

To find out more about how a New York railroad injury attorney may be able to help you after an amputation, please call 1-800-362-9329 for a free and confidential consultation.

Read More About Railroad Amputation Injuries in Our Free Library Article: Living Life with a New York Railroad Amputation Injury.

Is Your New Jersey Contractor Going Too Fast?

Tue, 05 Jul 2011 08:00:00 EST

Remember when you were a child and your parents and teachers told you to slow down and to double check your work? Whether you were doing your homework or building a model plane, you learned that it was important to work carefully and methodically in order to avoid mistakes.

As a New Jersey construction accident attorney, I believe that this is good advice and that the lesson is even more important for adults. Your employer, who likely learned the same lesson as a child, should work at a speed that allows him to check for mistakes and ensure safety. However, some New Jersey contractors and construction employers don't take the extra time necessary to ensure safety. Instead, they speed through their work and risk New Jersey construction accidents because:

They want to make the most of the months without ice and snow. By maximizing their profits in the summer, they can make it through the relatively lean months of the winter.
They have outside pressure from property owners to finish quickly. Property owners typically want construction completed as quickly as possible so they can use the property.
They get paid faster if the work is completed more quickly. Typically, the majority of the pay for a project occurs when it is completed.

While these concerns may be valid, they are not excuses for compromising safety. If you have suffered an injury in a New Jersey construction accident, then you may be entitled to compensation. Please contact a New Jersey construction accident lawyer today for more information at 1-800-362-9329.

FRA Announces New Report Guidelines for Train Accidents in New York and Nationwide

Wed, 29 Jun 2011 08:00:00 EST

On May 23, 2011, the Federal Railroad Administration published a new FRA Guide for Preparing Accident/Incident Reports. The changes will go into effect on July 1, 2011.

For more than a century railroads have been required to report accidents to the federal government. Over the course of the last 100 years, the requirements for reporting have changed from time to time.

The latest changes to the reporting requirements, found in the FRA Guide for Preparing Accident/Incident Reports, have been enacted to comply with the law and, in part, to:

Require the reporting of certain suicide data.
Require railroads to contact highway users involved in highway rail grade crossing accidents to obtain information about the accident.
Clarify certain definitions and regulations, update text and otherwise make the rules for reporting accidents and injuries more straightforward.
Enhance the quality of the information provided to FRA to make railroad accident analysis better.

FRA plays an important part in investigating railroad accidents. However, New York FELA attorneys also play an essential role for people who have been hurt, or those who have lost loved ones, in New York train accidents. It is a New York FELA attorney who can represent the interests of an injured railroad worker or train passenger and zealously advocate for the injured party's full recovery.

If you have been hurt in a New York train accident, then please contact a New York FELA lawyer today at 1-800-362-9329 for a free consultation.

*Source: U.S. Department of Transportation, Federal Railroad Administration, Office of Railroad Safety, FRA Guide for Preparing Accident/Incident Reports, Published May 23, 2011 Effective July 1, 2011

New York Construction Unions Agree to 20% Wage Roll Back on Major Project

Mon, 27 Jun 2011 08:00:00 EST

New York Construction Unions Agree to 20% Wage Roll Back on Major Project

In a sign of the hard financial times, key building trade unions agreed to a 20% wage cut in order to help to keep the Manhattan West Side building project to be built by union labor. The pressure on unions from non-union contractors has been building in the City, and although union labor is more efficient and qualified, contracts that are awarded to the lowest bidder, often non-union contractors, is forcing unionized labor to scale back their demands. The project involved is between West 44th and West 45th Streets between 10th and 11th Avenues, being built by developer Gotham Organization.

Forest City Ratner, the developer of the Nets Stadium in Brooklyn, is attempting to get similar give backs on projects it is developing

What to Do When You Don't Follow the New York Slip and Fall Accident Checklist

Mon, 20 Jun 2011 08:00:00 EST

There are certain things that are helpful to do after a New York slip and fall accident. However, as New York slip and fall attorneys we recognize that you can't always do everything that is recommended after a slip and fall accident. Sometimes, your injuries were too serious, your attention was diverted, or you simply didn't know what you should do.

Don't worry. You still may be able to recover damages for your slip and fall injuries. However, it is even more important to contact a New York slip and fall lawyer as soon as possible.

For example, a New York slip and fall attorney may be able to help you if:

You didn't take pictures or collect evidence at the accident scene. Your lawyer will investigate your case and may be able to collect evidence that is important to your case through legal discovery.
You don't know who owns or manages the property where you were hurt. Your attorney can investigate and determine the owner of the property through government property records. Your lawyer may also determine who manages the property and whether the owner or manager was responsible for your injuries.
Your medical record is unclear. If you delayed getting medical treatment or if you have a preexisting condition then a lawyer may be able to help you.

If you have been hurt in a New York slip and fall, then our New York fall lawyers want to talk to you about your potential recovery. Please call us today at 1-800-362-9329.

Read more about what to do after a slip and fall accident in our free library article: New York Slip and Fall Accident Checklist.

The Greatest Risks Facing Commercial Fishermen

Fri, 10 Jun 2011 08:00:00 EST

Commercial fishing is dangerous - especially in certain parts of the country such as the Northeast. In order to make fishing as safe a vocation as possible, it is important to understand how fatal fishing accidents are likely to occur.

The CDC Reports on Fatal Fishing Accidents 2000 -2009
As a New York Jones Act attorney, I found the statistics compiled by the CDC to be interesting and important for maritime employers, fishermen and their families. Specifically, the CDC found that of the 504 people who died in commercial fishing accidents from 2000 - 2009*:

261 people died in vessel disasters such as flooding, instability, struck by a large wave, collision, fire, equipment failure etc.
155 people died in falls overboard because of trip or slip and fall accidents, lost balance, gear entanglement, jumps, being knocked by something or being washed over.
51 people died from injuries onboard.
19 people died in diving related accidents.
18 people died performing on shore duties.

Call a New York Jones Act Lawyer if You've Been Hurt
If you are the survivor of one of these 504 fishermen or if you have survived a commercial fishing injury, then you may be entitled to damages for your losses or your injuries. Please call an experienced New York maritime injury attorney today at 1-800-3-MAY-DAY to find out more about your rights and your potential recovery after a commercial fishing accident.

*Source: Centers for Disease Control and Prevention, Morbidity and Mortality Weekly Report, Vol 59, No. 27, pages 842-845 July 16, 2010

Read More About a New York Jones Act Lawyer Looks at Deadly Commercial Fishing Accidents in the Northeast United States.

Why Your New York FELA Attorney Wants You to Know About Millions of Dollars Headed to New York

Sun, 05 Jun 2011 08:00:00 EST

$354.4 million dollars is headed to New York for use on New York high speed rail plans. As a New York FELA attorney, I appreciate that this significant amount of money comes with the promise of work for railroad workers and the hope of a safer and more efficient rail system.

How the Money Will be Spent

However, before the high speed rail system becomes a reality, it must be built and that is not without risks for New York railroad workers. With this federal money, New York railroad workers will be working on projects including:

Upgrading tracks along the "Empire Corridor" from New York City to Albany, Syracuse, Rochester and Buffalo
Making improvements in the Albany area including adding a 4th track at Rensselaer Station and rebuilding Schenectady Station
Creating a new intermodal transit hub in Rochester

All of these projects are aimed at decreasing travel time, though none of these projects will create the infrastructure needed for a super fast bullet train.

Risks to New York Railroad Workers

As with all other train and railroad projects, railroad workers face significant risks in the development of these new projects. Those risks include fall accidents, struck by accidents, and electrical explosions, for example, and the potential injuries include spinal cord injuries, traumatic brain injuries, broken bones and other life threatening conditions.

If you are hurt while working on the railroad in New York, then you may be entitled to damages for your injuries. Please call an experienced New York FELA lawyer today at 1-800-362-9329 for more information.

For more information about high speed rails, please read Why Your New York FELA Lawyer is Looking Ahead to High Speed Rails.

Why Your New Jersey Construction Slip and Fall Accident is as Dramatic as a Crane Accident

Fri, 03 Jun 2011 08:00:00 EST

Sometimes the most serious New Jersey construction accident injuries are not the most dramatic. While crane accidents, scaffolding accidents, and ladder accidents may make the news headlines, slip or trip and fall accidents can cause injuries that are equally serious.

If you've been hurt in a slip or trip and fall accident on a New Jersey construction site because of:

A slippery substance such as grease, oil or ice;
Debris left on the ground;
Tools and equipment left on the ground; or
Unsecured buildings, stairs or other structures,

Then you should contact a New Jersey construction accident attorney for a free consultation about your rights.

Your rights are the same whether you are hurt in a slip and fall accident or a fall from a ladder, scaffolding or crane. In any of these situations, you may be entitled to damages for things such as:

Lost wages
Medical expenses
Out of pocket costs
Pain and suffering

If your injury occurred because of your employer's negligence, failure to follow OSHA regulations or other misconduct, then the law may allow you to recover for your injuries. However, your employer may not readily provide you with these damages. In many cases, the experience of a New Jersey construction injury lawyer is important to your recovery.

For more information about how to secure a just recovery for your trip and fall construction injury, please contact an experienced New Jersey construction accident lawyer at 1-800-362-9329.

For more information about construction debris trip and fall accidents, please read Beware the Dangers of New Jersey Construction Site Debris Accidents.

Why New York Train Conductors Should Blow Their Horns

Sun, 29 May 2011 08:00:00 EST

Since trains began traveling in the United States, they have been equipped with horns to warn others of their approach. It sounds simple. The notice provided by the horn would allow others to get out of the way before they were harmed.

Of course, it isn't that simple.

The need to warn people of advancing trains has long been the subject of federal regulation and state and local laws. The government needs to balance the need for the horn warning system with the public's desire to decrease the noise created by consistent train horns.

The Train Horn Rule

Today, the federal train horn rule requires engineers to sound the horn for at least 15 seconds but not more than 20 seconds when approaching public grade crossings unless a specific exception exists. When possible, the horn should sound 2 long, 1 short and 1 long sounds. Additionally, the sound level should be between 96 -110 decibels.

Of course, other train horn rules and exceptions may also apply.

Call a New York Railroad Attorney if You've Been Hurt in a Crossing Accident

If you have been hurt at a public crossing and did not hear a train whistle, then it is important to contact a New York railroad lawyer to investigate your case and advise you of your rights. Please call 1-800-362-9329 today for more information.

3 Common Causes of Broken Rib Injuries for New York Construction Workers

Thu, 26 May 2011 08:00:00 EST

Broken rib injuries can be serious, particularly when three or more ribs are broken, when the injury is untreated, or when secondary problems such as pneumonia develop. As a New York construction worker you do your part to avoid injury, but does your employer?

Below are some common types of construction accidents that result in construction workers suffering broken ribs and seeking the advice of a New York construction accident lawyer:

Falls: Falls are a common cause of broken ribs for everyone, not just construction workers. However, instead of the typical trip or slip and fall accident suffered by many people, construction workers are at risk of significant falls from heights such as ladders, scaffolding and roofs which may increase the chance of suffering a significant injury, such as a broken rib.
Motor Vehicle Accidents: as with falls, motor vehicle accidents are a leading cause of broken ribs among the general population. Since motor vehicle accidents are a common cause of construction accident injuries, it makes sense that motor vehicle accidents often cause construction workers to suffer broken ribs.
Repetitive Motions or Coughing Spells: something as simple as repetitive motions, which is part of many construction jobs, or coughing spells, which may be triggered by substances at the construction site, may cause broken ribs.

If you have suffered a broken rib injury because of your construction job, please call a New York construction accident attorney at 1.800.362.9329 for more information about your rights.

How to Win a New York Slip and Fall Case with Less Than Perfect Evidence

Mon, 23 May 2011 08:00:00 EST

New York slip and fall lawyers like evidence. We know what to look for when we investigate your accident, and we know what is likely to make an insurance company settle a claim or a jury decide in your favor. However, we also know that no case is perfect and that it is possible to recover damages, even without all the evidence.

Why Evidence is Sometimes Lacking

Every injury case has weaknesses. Often, those weaknesses occur because evidence is simply not available. After all, you could not have anticipated your New York slip and fall accident and therefore could not have prepared for it. You may not have noticed anything amiss before you fell, you may not have had a camera or cell phone ready to capture the accident scene, and you may not have thought to get the names and contact information for witnesses.

That is okay. It is still possible to win a slip and fall case without "perfect" evidence.

How Your New York Slip and Fall Attorney Will Help You

Once you've been hurt, it is important to call a New York slip and fall lawyer as soon as possible. Your attorney will investigate your case, uncover potential evidence, and work hard to represent your interests based on the available evidence.

For more information about how a New York injury lawyer can help you after a fall, please call 1-800-362-9329.

Punitive Damages Do More Than Punish Employers After a New York Maritime Injury

Fri, 20 May 2011 08:00:00 EST

By definition, punitive damages are designed to punish the party which is required to pay the damages. However, punishment is not the only objective fulfilled by punitive damages. If you have been hurt in a maritime accident, then it is important to understand just how punitive damages can help you as well as punish your employer.

Generally, punitive damages may help you in three ways. Maritime punitive damages may:

Encourage your employer to do the right thing from the beginning. The knowledge that punitive damages may be imposed may provide enough incentive for your employer to provide you maintenance and cure at the time of your injury.
Provide you and your New York maritime attorney with bargaining power. If your employer willfully withholds maintenance and cure payments, then your lawyer may remind your employer's attorney about your employer's obligation and the possibility of punitive damages being assessed.
Provides compensation to you and punishes your employer for violating the law. If you are not able to reach a settlement with your employer, then punitive damages may be assessed.

Additionally, by pursuing a punitive damage claim you may help your fellow seamen. As word gets out among maritime employers that the courts are serious about imposing punitive damages, fewer employers may make injured seamen wait for the maintenance and cure payments after an injury.

For more information about punitive damages after a denial of maintenance and cure, please contact a New York maritime lawyer at 1-800-3-MAY-DAY.

What Should I Do After a New York Railroad Trespass Accident?

Wed, 18 May 2011 08:00:00 EST

Railroad accidents can result in serious injuries or death. Whether you were hit by a train, hurt on a track or you are mourning the loss of a loved one, the effects of a railroad accident can be significant and expensive. For example, you may be in physical pain, accumulating high out-of-pocket expenses and experiencing a decrease in your family income.

If you do not file a successful lawsuit, or reach a successful settlement with the railroad, then you will be paying for these expenses.

That said, not every trespass victim is entitled to damages. A New York railroad lawyer can help you determine whether you might have a viable case against the railroad. In order to find out if you have a case, it is important to know what to do after an accident.

Specifically, you should:

See a doctor promptly for a diagnosis and for treatment of your injuries.
Take pictures of the accident scene, as soon as you can. Note overgrown bushes, hard to see signs, or anything else that made it hard to know that you were on railroad property.
Contact a New York railroad attorney.

A New York train accident attorney will investigate your case and advise you about whether you have a potential case. For more information call an experienced lawyer today at 1-800-362-9329.

3 Reasons Not to Hide Anything from Your New York Construction Accident Lawyer

Sun, 15 May 2011 08:00:00 EST

It is human nature to hide your weakness and present your strongest case. We all try to emphasize the good parts of our stories and minimize the bad parts. While it is natural to want to protect oneself in this way, it is important that it is not done to your own detriment.

Specifically, it is important that you do not hide things from your New York construction accident lawyer. Your lawyer will not judge you or think less of you for sharing a fact that may make your case harder to win. Instead, your lawyer will use the information you provide to:

Build the Strongest Case Possible. It is your lawyer's job to present the best possible legal case based on the facts as they exist.
Anticipate Applicable Defenses. The weaknesses in your case may be presented as part of the defense. By anticipating those defenses, your lawyer can prepare for them and make the best possible arguments on your behalf.
Advise You Appropriately. In some cases, a weakness may decrease your potential recovery. It is important that you know this as soon as possible so that you and your lawyer can make an educated decision about how to proceed with your case.

For these reasons, it is important that you answer your attorney's questions truthfully and provide as many details of your accident as possible. To talk to an experienced and compassionate New York construction accident attorney today, please call 1-800-362-9329.

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3 Ways to Contact a New York Slip and Fall Lawyer Immediately After You're Injured

Wed, 11 May 2011 08:00:00 EST

The minutes following New York slip and fall accidents are often a blur. Well meaning people may be asking you if you are okay, authorities or property owners may be asking you what happened, and you may be struggling with pain and the confusion that accompanies an accident.

It is important that you take care of your short term needs, like getting prompt medical attention and letting your colleagues and loved ones know what happened, while being mindful of your long term needs.

With your long term medical, financial and legal needs in mind, it is advisable to contact a New York slip and fall attorney as soon as possible after your fall. At Hofmann & Schweitzer, our lawyers know that you need legal advice quickly, and we encourage you to contact us in the manner that is most convenient for you:

Call a New York or New Jersey Slip and Fall Lawyer at 1-800-362-9329. That number will connect you to lawyer in our New York City or Raritan, New Jersey office.
Fill Out our Online Contact Form, and we will call you.
Text Your Questions to 856-371-5703 24 hours a day, 7 days a week.

It doesn't matter how you contact a New York slip and fall lawyer if you've been hurt in a fall. It just matters that you do make the contact. Please use the contact method described above that is best for you and consult us about your legal rights and potential recovery.

A New York Jones Act Attorney's Advice About Collecting Maintenance and Cure

Sun, 08 May 2011 08:00:00 EST

There are few situations in life where it doesn't matter whether you are the one at fault. Collecting maintenance and cure after a maritime accident is, fortunately, one time where it doesn't matter if you caused your own injury.

The maritime doctrine of maintenance and cure is meant to provide an injured seaman with reasonable living expenses while the seaman can't be on his vessel, and with money to pay medical expenses up to the maximum medical cure so that he can recover from his injuries.

Unlike other maritime laws, a seaman may be able to recover damages even if he caused his own injury. Yet, some maritime employers may not be willing to share that information, or payments, with injured maritime workers.

If you have been hurt in any kind of maritime accident, then it is important to contact a New York Jones Act attorney. A New York Jones Act lawyer understands how the law applies to your situation, will explain your rights to you, and will fight hard to get you the just recovery that you deserve. Please call an experienced attorney at Hofmann & Schweitzer today at 1-800-3-MAY-DAY to learn more about your rights and your potential recovery.

A New York FELA Lawyer's Look at a Pending Supreme Court Case

Fri, 06 May 2011 08:00:00 EST

On March 28, 2011, the United States Supreme Court heard oral arguments in a case that could significantly change the causation rule in the Federal Employers Liability Act (FELA) for the first time this century. As a New York FELA lawyer, I am watching the Supreme Court's actions closely so as to best advise my clients.

The arguments heard in CSX Transportation v. McBride raise the important issue of whether FELA requires a plaintiff to prove proximate cause in order to recover damages or whether the plaintiff is only required to show that the defendant played some role in causing the injury.

The District Court and the 7th Circuit Court of Appeals both concluded that FELA does not require proximate cause in order for a plaintiff to recover damages. It is the railroad company, CSX Transportation, that appealed the ruling to the Supreme Court.

The Supreme Court's ruling in this case will be significant for injured railroad workers around the country, including here in New York. As the law continues to evolve through court decisions, I will continue to zealously represent injured railroad workers and to fight for their just recovery.

If you have been hurt, please call a New York FELA attorney at 1-800-362-9329 for more information about your rights.

How a New Jersey Construction Accident Lawyer Will Help You After a Hand Injury

Tue, 03 May 2011 08:00:00 EST

It can be difficult to imagine what your life will be like after a significant construction hand injury. Not only do you have to adjust to life without the full use of your hand, you may no longer be able to do the things that you once enjoyed. You may no longer be able to work as a construction worker.

As a New Jersey construction accident attorney, I am concerned about what you have lost and I am ready to fight hard to get you the damages that you deserve for your injuries. If you have suffered from a construction-related hand injury, then I will fight to make sure that you are compensated for your past and reasonably anticipated future:

Medical bills
Rehabilitation therapy bills
Out of pocket expenses
Lost income
Other expenses as allowed by New Jersey law

My goal is to get you the maximum compensation possible. My goal is to help you move on with your life after you have been hurt in a construction accident.

Please don't hesitate to contact a New Jersey construction accident lawyer today at 1-800-362-9329 if you have hurt your hand in a construction accident. Together, we will do everything that we can to secure your future.

A New York FELA Lawyer Looks at the FRA's First 2011 Safety Advisory

Thu, 28 Apr 2011 08:00:00 EST

Earlier this month, the Federal Railroad Administration (FRA) issued an important safety advisory to railroad workers. It was the first advisory issued by the FRA this year. The advisory was put out to freight railroad operators and employees to remind them of the "hazards associated with switching operations." As a New York FELA lawyer, I am pleased to see the advisory issued and hope that railroad employers will review the important safety information with their employees.

The Advisory was issued because two railroad employees were recently killed during switching operations. One of the fatalities occurred on September 2, 2010 in Bridgeport, New Jersey. The other occurred in Illinois during February 2011. Both fatalities occurred because of equipment that was inappropriately left on adjacent tracks. As a result, the FRA is advising that railroad employers review these fatal incidents with their employees and reinstruct employees about the importance of leaving rolling equipment clear from adjacent tracks.

If you have been hurt in a New Jersey or New York railroad switching accident or any other type of railroad accident, then you may be entitled to damages. Please contact a New York FELA attorney at 1-800-362-9329 today for more information about your legal rights and your potential recovery.

*Source: Federal Railroad Administration, FRA Issues Safety Advisory to Railroad Workers, FRA 05-11, April 6.2011

New York City District Council of Carpenter union

Thu, 28 Apr 2011 08:00:00 EST

New York City District Council of Carpenter union members held a rally at union headquarters on Hudson Street in Manhattan on April 12, 2011 demanding that corruption within the unions' leadership be ended, and seeking clarification, and opposition, to changes to proposed wage rates and mobility rules. New York City District Council of Carpenters Supervisor Frank Spencer, who was installed by the federal court through the U.S. Attorney's office, which has investigated and prosecuted corruption in the union for decades, stated that the District Council is reforming itself. Spencer, in a prepared statement, said "The leadership of the District Council has offered a strong proposal to amend its bylaws that expand democracy within the New York City operation and provide further financial transparency. We are working with the Review Officer and the U.S. Attorney's office to develop these bylaws and to ensure our membership has the opportunity to provide more into the operations of their union...I want to ensure our members that their concerns and opinions are being heard and that pertains to changes going forward in the out of work list as well." Spencer was appointed by the U.S. Attorney as Supervisor in August 2009 following evidence of certain union leadership wrongdoings, including fraud, kickbacks, illegal drug use and credit card abuse. Spencer also serves as International Vice President of the United Brotherhood of Carpenters.

Flags of Convenience for Shipowners

Thu, 28 Apr 2011 08:00:00 EST

Interesting article in the NY Times about a method of ship registration called "flags of convenience," and how ship owners get away with criminal behavior. It talks about how this registry came about and what should be done. The NY Times article states:

"Many state registries lack the capacity or will to monitor the safety and working conditions on ships, or to investigate accidents. Instead, ship safety certificates are given out by private classification societies. Owners are allowed to choose which society they want - and the worst predictably choose the least demanding. This self-policing has been compared to registering a car in Bali so you can drive it in Australia with faulty"

To read more:
http://www.nytimes.com/2011/04/25/opinion/25george.html?_r=1&emc=eta1

New Yorkers, Do You Walk Quickly? Learn Why Your New York Slip and Fall Lawyer Wants to Know

Mon, 25 Apr 2011 08:00:00 EST

Nobody wants to be hurt in a New York slip and fall accident. While the physical pain, emotional trauma and financial loss may be recoverable in a lawsuit, it would be much simpler to avoid the whole thing.

A recent study conducted by biomechanics researchers at Clemson University and the College of Charleston have concluded that the best way to stay safe on a slippery surface may not be what we think. Specifically, the researchers have concluded that walking across a slippery surface quickly and with a firm footed stance may be safer than walking slowly or timidly across the same surface.

As a New York slip and fall lawyer who has seen the significant injuries suffered by many of my clients, I want you to be able to avoid a similar fate. However, I know that no matter how you walk, slippery surfaces are dangerous and may lead to significant injuries.

If you have been hurt in a slip and fall accident, New York law may allow you to recover damages. Please contact an experienced New York slip and fall attorney at Hofmann & Schweitzer. We can be reached at 1-800-362-9329 and we look forwarding to discussing rights and your potential recovery with you.

*Source: Clemson University Newsroom, Media Relations, Don't shuffle on slippery surfaces, Clemson University, Charleston researchers say, March 24, 2011

Don't Hide Anything from Your New York Maritime Lawyer

Sun, 24 Apr 2011 08:00:00 EST

It is human instinct to hide what we believe to be faults or unfavorable facts. We want, after all, to put our best foot forward and to succeed. Hiding things that we believe do not work in our favor may work in some situations; however, it will not work in a maritime lawsuit. Instead, it is important to tell your New York maritime lawyer everything that you know about your accident, about factors that may have contributed to your accident, and about your recovery.

Here's why:

Your Employer Already Knows the Potential Weaknesses of Your Case and is Prepared to Use Them. The best way to prepare for their arguments is to anticipate them. Your lawyer may be able to minimize the impact of any weaknesses if he has the information that he needs to anticipate any problems.
What You Think are Weaknesses May Not Hurt You. Maritime law is complex. You may be worrying about something that will have no impact on your recovery. An experienced New York Jones Act lawyer can help you understand the impact of certain factors on your potential recovery.

For these reasons, we encourage you to call 1-800-3-MAY-DAY and to tell your New York maritime attorney everything that you know about your case so that we can best serve you.

A New York FELA Attorney Explains Why Your Railroad Employer May Be at Fault

Thu, 21 Apr 2011 08:00:00 EST

Railroad employers would have you believe that every collision between a train and another vehicle happened because of the other vehicle. They want to blame the driver of the car or truck that collided with the train at the railroad crossing, but are they always right?

As a New York FELA attorney, I can tell you they are not always right. Sometimes train and car or truck crashes that injure railroad employees are the fault of the railroad employer. For example, a railroad employer may be at fault if the railroad was negligent in designing or maintaining safe railroad crossings.

A car or truck may not be able to safely get across a railroad crossing because of:

Missing gates or warning signs
Negligently maintained or broken gates or warning signs
Broken or uneven tracks that cause a vehicle to get stuck
Other design or maintenance dangers that could've been prevented by a reasonable railroad

If you are a railroad employee who has been hurt in a train collision at a railroad crossing, then it is important to know that it is not always the other vehicle that is at fault. Contact an experienced New York FELA lawyer at 1-800-362-9329 to learn more about your rights and about your potential recovery.

What Your New York FELA Lawyer Wants You to Know About Railroad Accident Witnesses

Mon, 18 Apr 2011 08:00:00 EST

When you've been hurt in a railroad work accident, then you have a lot to think about. You know that your employer isn't going to be excited to compensate you for your injuries and you know that you might have a battle on your hands. You are likely counting on your coworkers or colleagues who witnessed the accident to step up and provide evidence as to what they saw happen. However, your colleagues may be hesitant to do so because they fear retaliation.

As a New York FELA lawyer, I want to tell railroad employees that you have nothing to fear. FELA specifically protects witnesses from retaliation.

FELA prohibits a railroad employer from threatening or retaliating against anyone, including an employee, who provides information or testimony about an accident that was witnessed. An employer who is found to have threatened or retaliated against a witness may face a fine, imprisonment, or both consequences.

If you have suffered an injury while working on the railroad, then it is important to know that you are not alone. Your coworkers who witnessed the accident and your New York FELA attorney will stand by you and fight for your just recovery. For more information, please contact a New York railroad lawyer at 1-800-362-9329.

New Jersey Construction Accident Lawyer Warns About Danger of Asphalt Fumes

Sat, 16 Apr 2011 08:00:00 EST

Every spring and summer brings business for New Jersey construction workers who are called upon to fix roof damage or repair potholes. Business may be even better for construction workers as the cruel winter of 2010 - 2011 finally departs. However, as the busy season begins, it is important for roofers and construction workers to know how to stay safe from the dangers of asphalt fumes.

Potential Problems from Asphalt Fumes

According to the Occupational Safety and Health Administration (OSHA)*, some of the problems associated with asphalt fumes include:

Headaches
Skin rashes
Throat and eye irritation
Coughs
Skin cancer

The chemicals present in asphalt fumes are dangerous and can cause serious and permanent health problems for workers. Thus, employers have a responsibility to provide protection and to use reasonable methods to protect workers from harm.

Contact a New Jersey Construction Accident Attorney if You've Been Hurt

If you have been injured by asphalt fumes, then you may be entitled to damages for your medical expenses, lost income, out-of-pocket expenses and pain and suffering. Please contact an experienced New Jersey construction accident lawyer at 1-800-362-9329 today for more information about your legal rights and your potential recovery.

*Source: United States Department of Labor, OSHA, Safety and Health Topics, Asphalt Fumes

3 Things Not to Do After a New York Slip and Fall

Thu, 14 Apr 2011 08:00:00 EST

Often, a New York slip and fall attorney will provide you with a list of things to do after a fall injury to protect your legal rights to a potential recovery. That is an important list and one that we also provide our clients. However, it is equally as important to learn what you should not do after a slip and fall.

Specifically, it is important that you:

Do Not Delay Medical Treatment. A delay in medical treatment may be suspicious to an insurance company or jury. A defendant in a slip and fall case may use your delay in treatment as evidence that your injuries were not so bad or were caused by something else other than the accident.
Do Not Discard Evidence. Evidence such as pictures of the crime scene or pictures of your initial injuries may be critical to your later recovery.
Do Not Delay a Legal Consultation. The sooner that you consult a New York injury attorney, the sooner your lawyer can advise you and help you protect your legal rights.

For more information about what to do, and what not to do, after a slip and fall injury, please contact an experienced New York slip and fall lawyer at 1-800-362-9329.

What Your New York Maritime Lawyer Wants You to Do to Stay Safe During a Fire

Sun, 10 Apr 2011 08:00:00 EST

Knowing what to do when a fire occurs on your vessel may mean the difference between life and death. Sometimes, you only have seconds to act before your only choice is between the hot and deadly flames or the cold and equally deadly sea. Knowing what to do can allow you to make quick decisions that may save your life and the lives of your crewmates.

As a New York maritime lawyer, I recommend that:

You know all fire safety measures before leaving the dock. This includes knowing where fire extinguishing equipment is and what to do when a fire occurs.
You can quickly access a life jacket and other appropriate flotation devices. Your only choice may be to abandon ship and, if that occurs, you want to do so as safely as possible.
Your ship always has adequate means of contacting the shore for emergency assistance.

Even if you follow all of these recommendations, I recognize that the potential for serious injuries is still very real. If you have been hurt in a maritime fire, then you may be entitled to damages. Please contact an experienced New York Jones Act attorney as soon as possible. You can reach us at 1-800-3-MAY-DAY. We'd be happy to review your case and talk about your rights and potential recovery with you.

Are Platform Doors Coming to the New York City Subway?

Wed, 06 Apr 2011 08:00:00 EST

Train and subway doors serve a very important safety purpose. They prevent passengers and workers from falling out of the train and getting hit by a train. Could doors on the subway platforms perform a similar function? Could they prevent people from falling on to the subway tracks?

The MTA is considering installing more mechanical doors on subway platforms to prevent people from falling or being pushed onto the tracks. Similar doors are already used in some locations. AirTrain platforms already use the technology as do train stations in other cities such as Paris, Tokyo and London.

As a New York FELA attorney, I am concerned about the number of people hit on train and subway tracks each year, and I am interested in this proposed solution by the MTA. However, before the MTA implements any new safety features, it is important that they do not create other unintended problems. For example, what happens if someone is standing in the doorway while the doors close and the train pulls away? What happens if someone is pushed into the doors?

While the MTA considers new solutions to the problem, it is likely that more people will be hurt or killed when they fall onto the tracks. If you have been hurt, or if a loved one has been killed, please contact a New York railroad lawyer at 1-800-362-9329 for more information about your rights.

What Young Workers Need to Know Before Taking a New York Construction Job

Mon, 04 Apr 2011 08:00:00 EST

The construction industry offers a lot of potential rewards, but there are also certain risks that young workers, and their parents, must be aware of before they decide to work in construction.

As a New York construction accident lawyer, I've seen young workers hurt by transportation accidents, equipment accidents and falls. Their lives have been changed because of someone else's negligence.

If you or your child are considering working in construction this summer, then I encourage you to thoroughly investigate your potential employer's safety history and the safety precautions that the employer has in place. For example, you want to make sure that you will be provided with the necessary safety equipment and that you will be trained on how to perform your job safely and use the necessary equipment.

Even if you are properly trained and provided the necessary safety gear, you may still suffer an on-the-job injury. If you are hurt in a New York construction accident, then it is important to contact a New York construction accident attorney as soon as possible after your injury so that your lawyer can get to work protecting your rights and potential recovery.

Call a New York injury lawyer today at 1-800-362-9329 for more information.

Report a New York or New Jersey Construction Safety Violation and Keep Your Job

Fri, 25 Mar 2011 08:00:00 EST

Some construction employers don't want to hear about alleged safety violations because they are unwilling to spend the money necessary to keep their workers safe. Instead they are willing to take risks with the lives of their workers. As New Jersey and New York construction injury lawyers, we find this unacceptable.

The Federal Occupational Safety and Health Act (OSH) also recognizes this problem and gives construction workers and others the right to protect themselves by reporting the alleged safety violations to their employers or to government agencies without fear of retaliation.

Despite this protection, some construction employers do retaliate against workers. For instance, they may deny a worker a raise in pay, fire a worker, or change a worker's working conditions. When a worker has reported an alleged safety violation, retaliation by employers is both unacceptable and illegal, according to the requirements of the law.

If you have been retaliated against for trying to keep yourself and your coworkers safe, you may have the legal right to recovery, just as you may have the legal right to damages if you have been hurt in a New Jersey or New York construction accident. For more information about your rights, please contact a New York or New Jersey construction accident lawyer at 1-800-362-9329.

What to Do When an Insurance Agent Calls After a New York Slip and Fall

Tue, 22 Mar 2011 08:00:00 EST

If you've been hurt in a New York or New Jersey accident on someone else's property, your phone is likely to ring within a few days of your injury. When you answer the phone, the insurance agent placing the call to you is likely to be pleasant. The agent is likely to be interested in your accident, your injuries, and your recovery; he may even be sympathetic to your pain, financial loss, and inconvenience.

But make no mistake. The insurance agent is not on your side; it is not the insurance agent's job to look out for your best interests. Instead, it is the insurance agent's job to save money for the insurance company, which employs him by paying out the least amount of money possible to you. It is the job of a New York accident lawyer to protect your rights, to be on your side, and to look out for your best interests.

While you should not interfere with the insurance company's investigation and resolution of your claim, the law does not require you to speak directly with the insurance agent. If you have retained a New York injury lawyer to represent you after your slip and fall or other accident, you can refer the insurance agent to your attorney and your attorney will handle all communication with the insurance company.

In the end, this can prove to be very important for your legal and financial recovery. For more information about how a New York or New Jersey accident attorney can help you, please call 1-800-362-9329 for more information.

3 Essential Elements to a Good Maritime Training

Sun, 20 Mar 2011 08:00:00 EST

There is no one right way to train maritime employees. Employers are provided with significant discretion about how to train their own crew members. However, with that discretion comes a responsibility to train crew members in a way that results in a seaworthy voyage and compliance with the law.

As a New Jersey and New York maritime attorney, I believe that there are many ways to properly train maritime workers. But, I also believe that all trainings must be:

Relevant: the training must be relevant to the voyage and vessel. For example, commercial fishermen off the Northeast coast require different information than seamen transporting gas off the Florida coast. Additionally, all training related to safety gear must relate to the gear that the seamen will have available during the voyage.
Understandable: the training must be accessible and understandable to seamen. It should not be overly technical. For example, handing a seaman a 1,000 page manual and doing nothing else to train the seaman may be inadequate.
Timely: the training must be done in a timely fashion. For example, when new safety gear is added to a vessel, training should be completed within a reasonable time and not after several voyages have already been made.

If your employer has failed to provide adequate training for you and you have been hurt as a result, then you may be entitled to damages. Contact a New York and New Jersey Jones Act attorney at 1-800-3-MAY-DAY for more information.

Understanding 2010 New York Railroad Accident Statistics

Wed, 16 Mar 2011 08:00:00 EST

Often, New York train accidents that make the news are reported because they result in serious injuries or death. However, for every accident that makes the news, there are many accidents that go unreported by the media. Therefore, as a New York railroad lawyer, I believe that it is important to understand the true scope of New York train accident injuries as reported to the Federal Railroad Administration.

In 2010, the FRA reported the following New York railroad accident statistics*:

1,008 injuries
23 fatalities
6 instances of employee occupational illness. (All 6 people suffered noise induced hearing loss.)
485 injuries or fatalities to on duty railroad employees
204 injuries or fatalities to passengers
237 injuries or fatalities to non-trespassers, and 49 injuries or fatalities to trespassers on railroad property

Contact a New York Railroad Attorney if You’ve Been Injured or if You’ve Lost a Loved One

While these statistics help us understand how common New York train accidents are, statistics alone do not tell us about the suffering of the 1,031 individuals who were hurt or killed or about the effects of those accidents on the victims’ families.

If you have been hurt or if you have lost a loved one in a New York railroad accident, then we encourage you to contact a New York FELA attorney to discuss how the accident affected you and about your potential recovery. We can be reached at 1-800-362-9329 for more information.

*Source: Federal Railroad Administration Office of Safety Analysis, 4.05 Casualties by State, Railroad or Type

What to Do if a Loved One's Been Killed in a New Jersey or New York Railroad Pedestrian Accident

Tue, 15 Mar 2011 08:00:00 EST

Sadly, many New York and New Jersey railroad pedestrian accidents are fatal. While you are grieving the loss of a loved one, many railroad companies will try to make you believe that the crash which took your loved one was suicide and not an accident. Sometimes railroads are wrong.

Understanding what to do after a New Jersey or New York train pedestrian accident is important to your family’s recovery. Together with a New York railroad attorney, it is important to insist that a full investigation be conducted into the accident. Often, an investigation that occurs soon after the accident will result in more reliable information about what happened to your loved one.

When the investigation is complete, you may have a better idea of what really happened, and whether you may be entitled to damages for the loss of your loved one. We know that no amount of damages can bring your loved one back, but we also know that you should not have to suffer from financial damages in addition to emotional damages.

If you’d like to talk about your loss and potential recovery, please contact an experienced New York and New Jersey railroad lawyer at 1-800-362-9329.

How a New York Construction Injury Lawyer May Help You Recover for a Spinal Cord injury

Sun, 13 Mar 2011 08:00:00 EST

Spinal cord injuries are currently incurable. Construction workers who suffer spinal cord injuries may be living with the effects of their injuries for the rest of their lives. However, that does not mean that they will not benefit from treatment, and it does not mean that their lives are over. A New York construction lawyer can help an accident victim get the treatment and resources that he needs to move on with his life.

You Deserve a New York Accident Attorney Who Fights Hard for Your Just Recovery

A New York or New Jersey construction injury attorney will zealously advocate for your full recovery of damages, which may include compensation for past, current and future:

Medical costs
Rehabilitation expenses
Out of pocket expenses, including nursing care and household help
Loss of income
Pain and suffering

Your employer likely has an insurance company fighting hard to keep your recovery as low as possible. You deserve to have a New York injury lawyer who will fight hard for your full and just recovery. You deserve to recover damages that will allow you to get the help that you need to enjoy your life. Please call an experienced New York construction accident attorney at 1-800-362-9329 for more information.

What to Do After a New Jersey or New York Deck Collapse

Thu, 10 Mar 2011 08:00:00 EST

As the promise of spring comes ever closer after the harsh New York and New Jersey winter, many Northeasteners welcome time spent outside on decks, terraces and balconies. Most of the time, we give little thought to the structure that we are standing on – unless it falls.

As a New York injury attorney, two things come to mind when I hear of deck collapses. The first is “how tragic,” and the second is “how preventable.” If you have been hurt in a New Jersey or New York deck collapse, I encourage you to:

Get Immediate Medical Attention
Some injuries such as broken bones and spinal cord injuries may be readily apparent, while other injuries such as traumatic brain injuries may not have immediate symptoms. Regardless of your injury, prompt medical attention is important to your recovery.

Call a New York Accident Lawyer
In the chaos of a deck collapse, it can be difficult to know why the structure fell or how you are going to pay for your medical bills, lost income and other expenses that resulted from the accident. Fortunately, these are not answers that you need to find on your own. Instead, we encourage you to call a New York injury lawyer at 1-800-362-9329 for help.

The Dangers of Cold Water Maritime Accidents

Mon, 07 Mar 2011 08:00:00 EST

Hypothermia kills and it kills quickly. However, if you fall overboard into cold water, hypothermia may not be the biggest threat to your life.

Within the first minute that you fall overboard, your breathing will begin to change. It is possible to drown in that first minute if your head does not stay above water and there is little that can be done to save you, even though hypothermia has not yet set in.

If hypothermia does occur, you may begin to feel it within ten minutes of falling overboard. Your muscles may stop working and you may be unable to move. Within an hour, your body temperature may begin to fall and you may be confused or unconsciousness. If you are not treated appropriately, then hypothermia may be your cause of death.

Each New York and New Jersey maritime lawyer understands the risks of cold water maritime work and understands the devastation that a maritime injury or death can have on a family. When you call Hofmann & Schweitzer, your New York Jones Act attorney will work hard to get you the recovery that you deserve. Please contact us at 1-800-362-9329 for more information about your rights and potential recovery.

How to Recover Damages for Boarding and Exiting Train Accident Injuries

Sat, 05 Mar 2011 08:00:00 EST

The good news is that the vast majority of boarding and exiting train accident injuries are not fatal. The bad news is that the injuries that result from getting on and off a train can be significant. As each New York railroad attorney at our office understands, each injury is unique and each injured victim deserves damages if the injury was caused by the railroad’s negligence.

Our New York train injury lawyers fight hard for victims who have been hurt in New York or New Jersey train accidents. Typically, we strongly advocate for our clients recovery of:

Medical Costs. We will fight for you to recover past and reasonably anticipated future medical costs, including expenses related to any rehabilitation therapy that you need.
Lost Income. Our lawyers will advocate for your complete recovery of past and future lost income caused by your accident.
Out-of-Pocket Expenses. Our attorneys will fight for your out-of-pocket expenses such as child care, housekeeping, transportation services or other expenses incurred as a result of your injury.
Pain and Suffering. If you have been significantly hurt, then we will fight hard for you to receive compensation for the pain and suffering your injury caused you.

Of course, the amount of damages is dependent on both the injuries you suffered and the circumstances of the accident. For more information about your case and your potential recovery, please contact a New York railroad lawyer at 1-800-362-9329.

How to Recognize Symptoms of PTSD After a Construction Accident

Wed, 02 Mar 2011 08:00:00 EST

Injured construction workers who recognize the symptoms of post traumatic stress disorder (PTSD) and get prompt treatment may be at lower risk for substance abuse, depression and anxiety.* However, in order to get treatment, you must first recognize the signs or symptoms of PTSD.

Some of the common symptoms of PTSD include:

Reliving the event: either through vivid flashbacks, frequent memories, dreams, or physical reactions to situations that remind you of your construction accident.
Avoidance: which may include staying away from people, places, events, or even memories that remind you of your traumatic accident. Feelings of detachment or avoidance of normal activities can also be a symptom of PTSD.
Arousal: this may include uncontrollable anger, problems sleeping, problems concentrating or hyperawareness of certain things.

If you experience any of these symptoms, then you should consult a doctor as soon as possible for a diagnosis and, if appropriate, treatment. PTSD is a very real and very significant consequence of some New York construction accidents. Damages for PTSD may be compensable in a New York or New Jersey construction injury lawsuit. To learn more about your rights and potential recovery, please contact an experienced New Jersey and New York construction accident lawyer at 1-800-362-9329.

Recovering Damages for a New York or New Jersey Slip and Fall Head Injury

Sat, 26 Feb 2011 08:00:00 EST

The complications of a New York or New Jersey slip and fall injury can be significant. Your recovery depends in large part on the medical and rehabilitation services that you receive. For most of our clients, the ability to get the necessary medical care and rehabilitation therapies and the ability to maintain their lifestyle when they can’t work is dependent on the recovery of damages from their slip and fall accident.

If you have suffered a head injury or traumatic brain injury in a New Jersey or New York slip and fall, then our experienced New York and New Jersey slip and fall lawyers will work hard to help you recover damages for:

Medical expenses, including emergency and ongoing medical care.
Rehabilitation therapy, including but not limited to physical therapy, occupational therapy, emotional counseling and speech and language therapy.
Lost income, for the amount of time that you are not able to work at the same wage that you could prior to the accident.
Out of pocket expenses, made necessary by your accident.
Pain and suffering, for your physical pain and emotional suffering.

To learn more about how to recover damages after a New York or New Jersey slip and fall, please contact a New Jersey and New York slip and fall attorney at 1-800-362-9329 or via our online contact form.

7 Symptoms of a Potential Slip and Fall Head Injury

Wed, 23 Feb 2011 08:00:00 EST

Some head injury symptoms occur immediately after a slip and fall accident while other symptoms may not occur for weeks. If you have hit your head in a New York or New Jersey slip and fall accident, then it is important to see a doctor for a prompt diagnosis of any injuries. However, if you experience any of the following head injury symptoms, then it is especially important to get prompt treatment.

Some of the symptoms of a head or traumatic brain injury include*:

Loss of consciousness
Confusion
Difficulty with speech, gross motor movements or sensory problems
Convulsions or seizures
Headaches
Weakness or numbness
Pupil dilation

Of course any change in behavior, physical ability, cognitive ability or sleep patterns should be reported to your physician. If you recognize, and seek treatment for, the symptoms of a head injury then you may be able to minimize the effects of that injury on your life.

For more information about what to do after a slip and fall head injury, please contact a New Jersey and New York slip and fall lawyer at Hofmann & Schweitzer. We would be pleased to provide you with a free consultation about your rights and potential damages. We can be reached at 1-800-362-9329 or via our online contact form.

*Source: Mayo Clinic, Traumatic Brain Injury Symptoms

Recovering for Cold Weather Related New Jersey and New York Railroad Accident Injuries

Mon, 21 Feb 2011 08:00:00 EST

Many people in New York and New Jersey depend on trains and railroad workers. Whether we commute or travel by train, the railroad is an important part of our transportation network. We expect the trains to run in almost any kind of weather; thus, we expect railroad workers to work in almost any kind of weather. However, that expectation does not protect railroad employers from liability if a worker is injured in a weather related work accident.

Many cold-weather related accidents can be prevented if workers are provided with warm clothes, the chance to warm up in heated areas, and if their exposure to the elements is limited.

Call an Attorney if You’ve Suffered a New York or New Jersey Railroad injury

If you have been hurt in a cold-weather-related New Jersey or New York railroad accident, you may be entitled to damages. FELA allows railroad workers to compensation if their injuries were the result of their employers’ negligence. Potential damages may include compensation for lost wages, medical bills, and pain and suffering.

If you’ve been injured in a New York or New Jersey railroad accident, please contact a New Jersey and New York FELA lawyer for more information. Our experienced attorneys can be reached at 1-800-362-9329 or via our online contact form.

Recovering Damages for Crane and Derrick Accidents

Fri, 18 Feb 2011 08:00:00 EST

In November 2010, a new standard was issued by the Occupational Safety and Health Administration (OSHA). The standard was written to help prevent construction related crane and derrick accidents, injuries, and fatalities. Our New Jersey and New York construction accident attorneys know that the new standard took a long time to develop; we are hopeful that it will lead to fewer injuries and deaths.

However, our experience also teaches us that not all crane and derrick dangers can be prevented by a new standard. Sometimes injuries and fatalities occur because of negligence or defective equipment that the new standard did not, or could not, prevent.

If you have been hurt or lost a loved one in a New York or New Jersey crane or derrick accident, you may be entitled to damages. Damages may include compensation for medical expenses, lost income, out of pocket expenses, and pain and suffering. Recovering damages can make a meaningful difference in your life and in the lives of your family after a construction accident has occurred.

We encourage you to contact an experienced New York and New Jersey injury attorney at 1-800-362-9329 or via our online contact form to discuss your case and your potential recovery.

OSHA Announces New Directive for Residential Fall Protection

Wed, 16 Feb 2011 08:00:00 EST

As New Jersey and New York construction accident attorneys, we were pleased to learn about an important OSHA directive issued at the end of 2010. On December 22, 2010, OSHA took action to protect residential roofers from fall injuries. The directive replaced a 1995 directive that exempted residential builders from fall protection requirements. The 1995 directive was meant to be in place only temporarily while issues of feasibility could be worked out. However, it remained in effect for 15 years.

Why the New Directive is Necessary

During those 15 years, there were a high number of fall-related deaths in residential construction. According to OSHA, falls are the number one cause of construction fatalities, and a worker is killed by falling off a residential roof almost every week in this country. OSHA hopes to reduce the number of residential construction fall fatalities with this new directive.

Getting Help After a Residential Construction Fall

If you have been injured or if you have lost a loved one in a New York or New Jersey construction accident, then you may be entitled to damages. Contact a New York and New Jersey construction lawyer today at 1-800-362-9329 or via our online contact form for more information.

Three Reasons Why Drunk Boating May be More Dangerous than Drunk Driving

Mon, 14 Feb 2011 08:00:00 EST

Operating a vehicle – whether it is a boat or car – while under the influence of alcohol is dangerous and potentially deadly. As New Jersey and New York maritime lawyers, we do not minimize the dangers presented by drunk driving on our roadways. However, we wish to emphasize three dangers that are unique to drunk boating. Those dangers include:

Drowning: Alcohol consumption can throw a person’s balance off and make falls overboard more likely. Additionally, alcohol consumption can lead to more accidents with equipment and other slips and falls, all of which make drowning more likely for drunk boaters.
Illness: Car drivers do not typically have to deal with the threat of hypothermia or the impact of the elements such as wind, salt air and precipitation. The combination of the elements with alcohol can make a boater more likely to get sick than a driver of a car.
Collision: Stopping a boat is often more complicated than stopping a car. You can’t simply apply a brake. Thus, if a boat operator’s reaction time is delayed due to alcohol consumption, it may be too late to avoid a collision by stopping or changing course.

If you’ve been hurt in a drunk boating accident, please contact the experienced New Jersey and New York maritime accident lawyers of Hofmann & Schweitzer for more information. We can be reached at 1-800-3-MAY-DAY or online contact form.

Survivors Equality Act: a February 2011 Update

Thu, 10 Feb 2011 08:00:00 EST

In 2010, we reported that important changes to the Death on the High Seas Act were being considered by Congress. In the aftermath of the BP Gulf Oil spill crisis, it appeared that there was support for changes to the century old law that does not currently allow surviving family members to recover for pain and suffering or loss of care and companionship as other wrongful death laws allow.

Now, the proposed law seems to be stalled in the Senate and the law has not been changed.

What Changes Will 2011 Bring for Maritime Families?

While no action has been taken on the law yet, Senator Patrick Leahy of Vermont remains dedicated to pursuing changes and amending the law. Senator Leahy has explained that families of workers who die at sea should be entitled to the same benefits as the families of workers who die on land.

Our New Jersey and New York maritime accident lawyers will continue to monitor the progress of the Survivors Equality Act, also known as the Rockefeller-Leahy Amendment throughout 2011, and we hope to be able to provide some good news to the families of workers who are killed in maritime accidents.

Potential Damages for Lack of Adequate Personal Safety Equipment

Tue, 08 Feb 2011 08:00:00 EST

Often, seamen do not know that there is a lack of adequate and necessary safety gear aboard a vessel until an emergency occurs, at which time it is too late to do much about it. As New York and New Jersey maritime lawyers, we know that proper safety gear is critically important in an emergency.

If the safety gear is not adequate, not working, or if seamen do not know how to use it, then an accident may result in injuries or fatalities. The lack of appropriate safety equipment, or the lack of training on such equipment, may render a vessel unseaworthy and provide seamen with the protections of the Jones Act.

Potential damages pursuant to the Jones Act include compensation for maintenance, or daily living expenses while not onboard the vessel, and cure, or medical treatment until the maximum medical cure has been reached. These financial damages can be significant and may allow you to get the treatment that you need to make as full a recovery as possible.

If you have been injured because of a lack functioning safety gear that you knew how to use then you may be entitled to Jones Act damages. Contact an experienced New Jersey and New York Jones Act lawyer for more information about your rights. We can be reached at 1-800-3-MAY-DAY or via our online contact form for a free consultation.

Potential Damages After a Tanker Accident

Fri, 04 Feb 2011 08:00:00 EST

If you’ve been hurt in a tanker accident, then you may be entitled to damages. In many cases, your potential recovery will be covered by the federal Jones Act since many tanker workers are seamen pursuant to the law.

A New Jersey or New York Jones Act attorney will review your case, determine if the Jones Act applies to your tanker accident injuries and zealously advocate for your full and fair recovery. The Jones Act may allow you to recover damages for things such as:

Living Expenses: also known as maintenance expenses, which may include things such as room and board.
Medical Expenses: also known as cure expenses, which may include compensation for medical and rehabilitation expenses until you reach the maximum medical cure, when further treatment would no longer contribute to your recovery.

If your injuries were caused by the negligence of the tanker owner, captain or crew or if your injuries were caused because the tanker was unseaworthy, then you have the right to collect damages.

Call an experienced New York or New Jersey Jones Act attorney at Hofmann & Schweitzer today for a free consultation. We can be reached at 1-800-3-MAY-DAY or via our online contact form, and we will fight hard to get you the recovery that you deserve.

What to Do After a Tanker Accident

Wed, 02 Feb 2011 08:00:00 EST

The Jones Act may allow you to recover damages if you’ve been hurt in a tanker accident, but you may have to fight for those damages. Your employer may not be willing to simply provide you with the damages to which you are entitled. As a New Jersey and New York Jones Act attorney, I suggest that you take the following steps to protect your potential recovery after an accident.

First, get the medical help that you need. This includes both emergency care immediately after the accident and follow up care with the doctor of your choice. The Jones Act does not require that you see a company doctor following a tanker accident in order to recover damages.

Second, document everything that you can. Write down everything that happened during the accident, including the names of crewmembers that may have witnessed your injury. Take pictures if you are physically able to do so. Keep track of all of the details of your accident so that you can share them with your maritime injury lawyer.

Finally, contact a New York and New Jersey Jones Act attorney. The New Jersey and New York accident lawyers of Hofmann & Schweitzer will zealously represent you and fight hard for your full and just recovery. Contact us today at 1-800-3-MAY-DAY or via our online contact form for more information.

Symptoms of Broken Ribs After Slip and Falls

Wed, 26 Jan 2011 08:00:00 EST

If you’ve been hurt in a slip and fall accident, New York and New Jersey property owners and managers may be liable for your injuries. However, in order to recover the payment that you deserve, you need to seek medical attention and document your injuries and the impact that the injuries are having on your life.

If you experience any of the following symptoms, then your injury may be more significant than bruised or cracked ribs. Symptoms of broken ribs, which are a serious and potentially life threatening medical condition include*:

Significant pain, especially when you take a deep breath.
Pain that worsens when you press on the injury or twist or turn your body.

People with osteoporosis or cancerous lesions in their ribs may be more likely to suffer a broken rib, though the injury can impact anyone.

If you have been hurt in a slip and fall, then it is important to seek prompt medical attention for a proper diagnosis. Then, contact an experienced New Jersey and New York slip and fall injury lawyer at Hofmann & Schweitzer for a free consultation about your case. Our New York and New Jersey injury lawyers will work hard for your recovery. We can be reached at 1-800-362-9329 or via our online contact form for more information.

How Your Hip Fracture Could Have Been Prevented

Mon, 24 Jan 2011 08:00:00 EST

Approximately 75% of people who suffer hip fractures will not make a full recovery. What’s worse is that in many cases the hip fracture could have been prevented in the first place.

About 90% of hip fractures occur because of fall accidents. While, sometimes, a fall is an unforeseeable accident, other times the fall that caused the injury could’ve been prevented. For example, if a building owner or manager knew that a floor was slippery and failed to warn guests or customers, then the building owner or manager could be liable for the injuries. This would also be true if a hand railing was broken and not fixed or if a stairwell was poorly lit and a person fell and got hurt.

In order to determine if your hip fracture could’ve been prevented, it is important to understand the cause of your accident and whether the building owner or manager knew or should have known about the cause.

The New Jersey and New York slip and fall attorneys of Hofmann & Schweitzer will investigate the cause of your accident and whether or not the condition should’ve been known about and fixed by the property owner or manager. If your slip and fall hip fracture injury could have been prevented, then we will help you recover damages.

Contact a New York and New Jersey premises liability lawyer today for more information. We can be reached at 1-800-362-9329 or via our online contact form.

Determining Damages for Deckhand Injuries

Sat, 22 Jan 2011 08:00:00 EST

Deckhands, like other maritime workers, face not only physical pain but also potential financial ruin after a maritime injury. While maritime employers may not be eager to pay deckhands the damages that they deserve after maritime accidents, our New Jersey and New York maritime accident lawyers aggressively advocate for the full amount of damages allowable under the law for each and every injured deckhand whom we represent.

Many deckhands are entitled to the protections of the Jones Act because they meet the definition of seamen. Our New Jersey and New York Jones Act lawyers will review the causes of the accident and the injuries and zealously advocate for the injured seaman’s recovery of:

Maintenance and Cure: the Jones Act entitles injured deckhands to recover maintenance costs for the food and board costs they incur while off their vessel and cure costs for medical care up to their maximum medical cure.
Lost Wages: if the deckhand loses time from work immediately after the accident or in the future, then we will fight for recovery of lost wages.
Damages Related to the Injury: compensation for disfigurement, pain and suffering and in some cases loss of enjoyment of life may be recoverable.

If you are an injured deckhand, please contact an experienced New York and New Jersey Jones Act attorney today at 1-800-3-MAY-DAY or via our online contact form for more information about your potential recovery.

How to Prepare for Your First Meeting with a New Jersey and New York Maritime Lawyer

Mon, 17 Jan 2011 08:00:00 EST

Your first meeting with your New York and New Jersey maritime lawyer is important for two reasons. First, it gives you a chance to get to know the lawyer and to assess whether it is the lawyer whom you want handling your case. Second, it provides your New York City maritime lawyer with the opportunity to ask you questions and to determine whether you have a viable claim for which you should seek damages.

It is not difficult to prepare for your first meeting with a New York and New Jersey maritime attorney at Hofmann & Schweitzer. We will do our best to make you comfortable and guide you through the meeting. You can expect us to ask you about how your injury occurred, about the medical treatment you’ve sought for your injury, and about how the injury has impacted your life. If you have any pictures, medical records or other documentation, please feel free to bring it with you to share with us.

We hope that if you’ve been injured in a maritime accident, or if you’ve lost a loved one, that you will contact one of our experienced New Jersey and New York maritime lawyers by calling us at 1-800-3-MAY-DAY or contacting us via our online contact form.

How to Live Life on Your Terms After a Construction Amputation Accident

Fri, 14 Jan 2011 08:00:00 EST

It didn’t take long for the injury which resulted in your amputation to occur, but the effects will continue forever. While we can’t undo the harm that has been done to you, our New Jersey and New York construction accident lawyers are committed to helping you live the rest of your life on your terms. We want to put you back in a position of power. We want to help you achieve your goals.

Each of our clients has individual and unique plans for the future. What they have in common is an amputation injury caused by a construction accident and the right to potentially recover damages for their injuries.

That’s where a New York construction accident attorney can help you. Each New York and New Jersey construction accident lawyer at Hofmann & Schweitzer will work hard and negotiate aggressively to get you the settlement that you deserve. We will fight hard to get you damages for your past and future medical expenses, rehabilitation needs, lost income, and pain and suffering. Call one of our experienced New York construction injury lawyers today at 1-800-362-9329 or via our online contact form to discuss your case and learn more about how to live life on your terms after a construction amputation accident.

Why the Railroad Wanted to Make Carpal Tunnel Syndrome Your Fault

Wed, 12 Jan 2011 08:00:00 EST

You’ve been a loyal employee. So loyal in fact that your job responsibilities have caused you to suffer the painful and significant condition known as carpal tunnel syndrome. You want to trust that the railroad to which you’ve been so loyal will return that loyalty and pay you the damages that you deserve for your work related injuries.

Historically, many railroads have failed to match the loyalty of injured workers. Instead, over the past decade there have been instances where railroads have surreptitiously taken DNA samples from workers and, without the consent of the workers, have sent the samples out for genetic testing. The purpose of the genetic testing was to attempt to prove that the workers were predisposed to developing carpal tunnel and to avoid paying damages to injured workers.

If you suspect that your employer has conducted genetic testing without your consent, or if you have suffered damages related to your carpal tunnel syndrome, then we encourage you to contact an experienced New York and New Jersey railroad lawyer to discuss filing a FELA carpal tunnel claim.

We will fight to protect your rights. Call us at 1-800-362-9329 or contact us via our online contact form for more information about how we can help you recover from your railroad workplace injury.

How do Diesel Exhaust Fumes Harm Railroad Workers?

Sat, 08 Jan 2011 08:00:00 EST

According to the Occupational Health and Safety Administration (OSHA), the major components of diesel exhaust include dangerous substances such as carbon dioxide, carbon monoxide, nitrogen oxide, nitric oxide, and sulfur dioxide. Other minor yet dangerous components are also present and place New York and New Jersey railroad workers at risk of serious respiratory injuries, cancers, and other illnesses.

OSHA suggests that proper training of engine operators, maintenance of diesel engines, and precautions can help reduce the dangers for railroad workers.

Unfortunately, railroads don’t always take the necessary steps to protect their workers, and tragic consequences can result from repeated exposure to these dangerous fumes. If you are a New York or New Jersey railroad worker who has suffered an occupational illness because of diesel exhaust, or if you are the survivor of a railroad worker who has died because of diesel exhaust, you may be entitled to damages.

Please contact a New Jersey injury lawyer for more information about your specific case. The New York and New Jersey railroad attorneys of Hofmann & Schweitzer would be happy to answer your questions and help you with your recovery. Please contact us at 1-800-362-9329 or via our online contact form for more information.

How to Prevent New York and New Jersey Railroad Crossing Accidents

Wed, 05 Jan 2011 08:00:00 EST

Various federal agencies with an interest in ending railroad highway crossing accidents have developed a Highway-Rail Crossing Safety and Trespass Prevention Plan*. The plan includes various measures that the government and others can make immediately and for the long term to prevent accidents at highway rail crossings.

Some of the measures discussed in the plan include:

Using advanced engineering and new technology to warn motorists of approaching trains.
Expanding educational outreach about the potential dangers.
Increasing enforcement of existing rules.
Limit railroad highway crossings by closing unnecessary crossings.
Improving data collection to understand the potential dangers and causes of accidents.

While the government employs the measures described above and the other measures included in the plan, it is important for both railroads and motorists to take the steps needed to prevent catastrophic accidents. This includes railroad conductors being alert at crossings, railroad maintenance workers making sure that signals are working appropriately, and motorists approaching all railroad highway crossings with care.

If you have been hurt in a New York or New Jersey railroad accident, you may be entitled to damages. Contact a New York and New Jersey railroad attorney at Hofmann & Schweitzer for more information. We can be reached at 1-800-362-9329 or via our online contact form.

*Source: U.S. Department of Transportation, Secretary’s Action Plan, Highway-Rail Crossing Safety and Trespass Prevention, May 2004.

Attention Railroad Workers: How to File a Complaint and Recovering Damages for Retaliation

Wed, 05 Jan 2011 08:00:00 EST

Railroad employers do not always do the right thing. Sometimes they retaliate against well-meaning workers who report potentially dangerous conditions using the proper procedures or workers who seek to follow reasonable medical treatment.

If this has happened to you, the Federal Rail Safety Act provides you with a way to file a complaint. A New York accident attorney can help you file a complaint and pursue justice if you have suffered financial or medical damages as a result of the railroad’s actions.

Complaint Procedures

Complaints must be filed within 180 days of the alleged retaliation. The complaint should be filed with the OSHA office that has jurisdiction over the area where the worker lives or works. Once a complaint is filed, OSHA will conduct an investigation. If the evidence supports your claim of retaliation, OSHA will then try to encourage a settlement. If a settlement cannot be reached, OSHA may order that the railroad provide you with relief. Relief may include reinstatement, back pay, and punitive damages up to $250,000.

For more information about how to pursue a railroad whistleblower complaint or obtain relief after retaliation, please contact a New Jersey or New York railroad attorney at Hofmann & Schweitzer. We can be reached at 1-800-362-9329 or via our online contact form.

New Report Finds MTA Signal Inspectors Frequently Failed to Do Their Jobs

Sun, 02 Jan 2011 08:00:00 EST

According to a report recently issued by the MTA, subway signal inspectors “frequently” failed to perform the required inspections and repairs on New York City subway signals. Not only did the inspectors fail to do their jobs, but their managers failed to supervise them and falsified reports that were filed with the agency.

An MTA Board Member told the Wall Street Journal that the report’s findings are “enormously disturbing.”* The New York City Transit President has called the report “a very serious issue.”*

What Will the MTA Do in Response to the Report?

The MTA reports that it is considering changing the way signal inspectors do their jobs. Lines may be temporarily shut down, and the size of each signal inspection team may be increased.

The MTA’s inspector general is continuing the investigation; the agency has not yet decided on the consequences for employees who falsified reports.

What Should You Do if You’re Hurt in a New York Subway Accident?

If you are a subway signal inspector who is injured in a work related accident, it is imperative to contact a New York railroad attorney to discuss your rights. Likewise, if you are a subway passenger who has been injured in an accident, it is important to contact a New York railroad lawyer as soon as possible. Hofmann & Schweitzer’s New York railroad attorneys can be reached at 1-800-362-9329 or via our online contact form for a free consultation.

*Source: MTA Workers Falsified Signal Inspections, Wall Street Journal │New York, by Andrew Grossman, December 14, 2010.

Senate vote on the Development, Relief and Education for Alien Minors, or Dream, Act:

Wed, 22 Dec 2010 08:00:00 EST

The debate on immigration as it affects our economy and unemployment is complex. While we take no position on the politics of the Dream Act, we thought that the analysis by the current United States Secretary of Labor about what could be the benefit of the Dream Act should be considered. Would passage be a reward for illegal behavior, or would passage be recognition that the youngsters involved should not be caused to suffer for the sins of their parents?

Statement by Labor Secretary Hilda L. Solis on Dream Act Senate vote [12/20/2010]

Secretary of Labor Hilda L. Solis made the following remarks in response to the Senate vote on the Development, Relief and Education for Alien Minors, or Dream, Act:

Is Your Employer Putting You at Risk?

Sun, 19 Dec 2010 08:00:00 EST

There are some accidents that your construction employer cannot prevent because they are not reasonably foreseeable. However, there are other accidents that are reasonably foreseeable and your employer has a legal and ethical responsibility to protect you from those types of accidents.

For example, if you are a road construction worker then you are at risk of struck by accidents. The threat of these accidents is inherent in your work and well documented by past injuries and fatalities. Your employer should, therefore, take steps to protect you from struck by accidents. These steps will differ depending on the regulations applicable to your work and your unique job site. However, some things to consider include:

Barriers, signs and other warning signals to passing traffic that a road construction site is there.
Communication procedures for vehicles used on the construction site.
Warning signals when a vehicle is backing up.
Requiring workers to wear brightly colored clothing/vests and hard hats so they can be easily seen.

If you have been injured or lost a loved one in a New Jersey or New York road construction accident, then you may be entitled to damages, particularly if your construction employer was negligent in protecting you.

Contact a New Jersey or New York construction accident attorney at 1-800-362-9329 or via our online contact form for more information about your rights.

What to Do If You've Been Injured by a Toxic Substance at Home or at Work

Fri, 17 Dec 2010 08:00:00 EST

Sometimes the symptoms of exposure to a toxic substance are immediate. Exposure to carbon monoxide, for example, can quickly become lethal. However, other times, the symptoms of exposure to toxic substances are slow to develop. Your symptoms may start with a cough or a feeling of lethargy. Whether you notice the sudden onset of symptoms or a more gradual onset of symptoms, it is important to seek medical attention as soon as possible.

Your doctor may conduct tests to determine if you have been exposed to a toxic substance. If the test comes back positive, then it is important to immediately report it to your landlord and/or employer so that they can conduct the appropriate tests to determine where you were exposed to the toxins and to protect others from similar complications.

After that, we encourage you to contact a New York and New Jersey injury lawyer at Hofmann & Schweitzer. Our New Jersey and New York personal injury attorneys believe that you should not have to suffer financial damages along with your physical damages if someone else was responsible for your injuries. We will fight hard for your just recovery. Please contact us at 1-800-362-9329 or via our online contact form.

What to Know Before You Get in a Trench

Wed, 15 Dec 2010 08:00:00 EST

While the fatality rate for excavation workers is 112% higher than that of general construction workers, injuries and fatalities are not inevitable for excavation workers*. There are important safety measures that employers can take to protect excavation workers from serious injury and death, and we believe that employers have both legal and ethical responsibilities to take appropriate measures to protect the safety of their workers.

Specific Safety Steps That Can Protect Trench and Excavation Construction Workers

OSHA recommends that construction employers take the following seven steps to protect trench and excavation workers from injuries and fatalities. Construction employers should:

Preplan by evaluating conditions and contacting utility companies.
Provide appropriate protective systems.
Test the soil.
Test for oxygen levels and toxic gases.
Provide safe access into and out of the excavations.
Monitor and protect against water getting into the area.
Inspect the excavation site daily for hazards.

Contact a New Jersey or New York Construction Accident Attorney if You’ve Been Injured

If you have been injured or if you’ve lost a loved one in a New Jersey or New York excavation accident, then you may be entitled to damages. Contact a New York or New Jersey construction accident attorney at Hofmann & Schweitzer at 1-800-362-9329 or via our online contact form to discuss your case.

*Source: United States Department of Labor, OSHA Construction e-Tool, Trenching and Excavation

3 Reasons to Hire a Construction Attorney After a Demolition Accident

Fri, 10 Dec 2010 08:00:00 EST

If you’ve been hurt in a demolition accident, then it is important to contact a New Jersey or New York injury lawyer as soon as possible. When deciding which attorney to call, it is important to consider the benefits of hiring an experienced New Jersey or New York construction accident attorney.

It is our opinion that New York and New Jersey construction injury lawyers offer three important benefits to people injured in demolition accidents.

First, Construction Injury Lawyers Understand the Industry. Construction accident lawyers understand how demolition accidents occur. Many demolition accidents happen for the same reason as other types of construction accidents. Thus, construction injury lawyers understand how to investigate the accidents and understand the safety standards of the industry.

Second, Construction Accident Attorneys Understand Your Injuries. Construction injury lawyers know how significantly you suffer when you’ve been hurt in a demolition accident. We sympathize with how much pain you are in and how significantly your life has been changed.

Third, Construction Injury Attorneys Understand the Importance of Your Financial Recovery. We know that in order to recover physically and in order to protect your family’s future, you need a financial recovery after your New York or New Jersey demolition accident.

Contact a New York construction accident attorney at Hofmann & Schweitzer for more information about how we can help you after a New Jersey or New York demolition accident. We can be reached at 1-800-362-9329 or via our online contact form.

What to Do After a Train Engine Explodes

Wed, 08 Dec 2010 08:00:00 EST

As a passenger, a train engine explosion often comes as quite a shock. One minute you are quietly looking out of the window, napping, or working and the next there is a terrible boom, the train stops, and the smoke starts. In the best case scenario, conductors or other train personnel will guide you through the aftermath of the accident. However, it is important to understand what to do in the absence of such assistance.

Move as Far Away From the Train as You Can

It is important to get off the train and move as far away as possible, in case there is a secondary explosion or the fire expands. Once you are a safe distance, take pictures of the burning train, write down notes about what happened in the train accident, and get the names and addresses of your fellow passengers.

Seek Medical Treatment

As soon as possible, and immediately in a medical emergency, it is important to seek medical care. Injuries from train engine explosions range from whiplash to fatalities and everything in between. Even if you were lucky enough not to be injured by the flames of the explosion, you may still have suffered a head injury, spinal cord injury or other serious injury when the train stopped suddenly.

Call Your New York and New Jersey Train Accident Lawyer

For more information about how to protect your rights to recovery after a New Jersey or New York train explosion, please contact a New York and New Jersey railroad accident lawyer at Hofmann & Schweitzer. We can be reached at 1-800-362-9329 or via our online contact form.

How to Recover Damages for a Cruise Injury

Tue, 07 Dec 2010 08:00:00 EST

If you have been hurt on a cruise ship, you may be entitled to damages if the cruise operator was at fault for your injuries. However, recovering damages for injuries sustained in a New York or New Jersey cruise accident can be more difficult than recovering damages for an accident that happens on dry land.

Ensure That Evidence is Preserved

Since there are no police or impartial investigators available to help, it is important that you specifically request that evidence related to your case be preserved. Additionally, you should collect your own evidence. You can take pictures of your injury or anything related to your accident, and write down the names of witnesses, for example. This type of evidence may prove critical to your ultimate recovery.

Hire a New Jersey and New York Cruise Injury Lawyer

Contact a New York and New Jersey injury lawyer as soon as possible after your injury. The sooner you contact a lawyer at Hofmann & Schweitzer, the sooner we can get to work making sure that your evidence is preserved and filing your lawsuit in the right jurisdiction. Let us help you protect your rights to recovery. Contact us today at 1-800-362-9329 or via our online contact form for more information.

How Insurance Companies Try to Prevent Your Recovery – and What You Can Do About It

Fri, 03 Dec 2010 08:00:00 EST

You know you’ve been hurt. You know that you should receive damages for your injuries. However, the insurance company which is responsible for paying you those damages is unlikely to just hand them over.

Why the Insurance Company is Involved

In most cases, the owner of the property on which you fell carries property insurance. For example, if you fell at a friend’s home then that friend likely has homeowner’s insurance. In many cases, homeowner’s insurance is responsible for paying the damages related to your injuries.

Why the Insurance Companies Fight Your New York Slip and Fall Claim

While the insurance company may be legally obligated to pay your claim, it is unlikely to do so without a fight. Insurance companies make money by taking in premiums and paying out as little as possible in insurance claims. In other words, every dollar that they don’t pay you becomes profit for them.

What You Can Do About It

The best way to protect your rights is to contact a New York accident attorney who has experience negotiating with insurance companies and who is committed to fighting hard for what you deserve.

Contact an experienced New York injury lawyer at Hofmann & Schweitzer at 1-800-362-9329 or via our online contact form for more information about how we can help you, even if the insurance company won’t.

Recovering Damages for a Fractured Wrist

Fri, 03 Dec 2010 08:00:00 EST

In the days following a New York or New Jersey slip and fall, you may feel lucky. While you are hurt and suffering the consequences of a fractured wrist, you were able to recognize the symptoms of a fractured wrist and get proper treatment. You did not suffer a traumatic brain injury, spinal cord injury, or other life threatening injury, and that is something to be grateful for.

However, it does not mean that you have not suffered or that you are not entitled to damages for your injuries.

Each New Jersey injury lawyer at Hofmann & Schweitzer is committed to understanding how an individual person’s injuries affect them. Many of our clients who have suffered a fractured wrist have incurred significant medical bills and require extensive physical therapy to regain movement in their wrists. Many of our clients have lost time from work for surgery or because they were unable to perform their job responsibilities with a fractured wrist. Many of our clients have been in physical pain and have suffered emotionally.

We work hard to get all our clients the recovery that they deserve when they are hurt in a New York or New Jersey fall accident. We will work hard for you if you’ve been hurt. Please contact us at 1-800-362-9329 or via our online contact form for more information.

Protecting the Rights of New York and New Jersey Injured Construction Workers

Thu, 02 Dec 2010 08:00:00 EST

Accidents happen. However, many accidents that result in construction worker traumatic brain injuries are avoidable.

Every New Jersey construction accident attorney at Hofmann & Schweitzer has the greatest respect for the hard and dangerous work done every day by construction workers. We take seriously the legal obligations that construction employers and manufacturers of construction equipment have to keep you safe.

Sometimes construction employers and equipment manufacturers fail to take certain steps for your safety, and you become injured as a result. These failures include the following:

Providing appropriate safety equipment, including hard hats

Testing construction equipment to make sure that it is properly designed, manufactured, advertised and used

Failing to train construction workers on proper safety precautions, rules or techniques

If one of these happens to you, we believe that you have the right to seek recovery. That recovery may include workers compensation benefits to compensate you for medical expenses and lost income.

If you’ve been hurt in a New Jersey or New York construction accident, please contact a New Jersey construction injury lawyer for more information about your rights. The construction injury attorneys of Hofmann & Schweitzer are happy to provide you with a free consultation. Please contact us at 1-800-362-9329 or via our online contact form for more information.

How to Recover Construction Accident Injuries Through Workers Compensation

Wed, 01 Dec 2010 08:00:00 EST

New Jersey and New York workers compensation insurance programs are meant to protect injured workers. However, like all types of insurance providers, workers comp wants to pay each claimant as little as possible for their injuries.

Each New York construction accident attorney and New Jersey construction accident attorney at Hofmann & Schweitzer disagrees with that way of thinking.

Our New York City construction injury attorneys believe that injured construction workers should receive fair compensation for their injuries. To that end, we encourage all injured construction workers to do the following:

Promptly report their injury to their employer.

Gather evidence from the accident scene. Take pictures if you can, noting the name and phone numbers of any witnesses and writing down details of what happened immediately prior to and during the accident.

Call the New Jersey and New York construction accident injury lawyers of Hofmann & Schweitzer.

Our lawyers will walk you through all of the steps that you need to take to preserve your workers comp claim, and we will fight hard for your just recovery. Please contact us at 1-800-362-9329 or via our online contact form for more information about your rights after a New Jersey or New York construction accident.

How Cruise Ships Can Prevent Nororvirus Injuries

Fri, 19 Nov 2010 08:00:00 EST

Noroviruses spread fast. Yet, the U.S. Centers for Disease Control and Prevention (CDC) have identified steps that cruise ships can, in many cases must, take to prevent the spread of noroviruses.

The CDC’s Vessel Sanitation Program requires cruise lines to develop Outbreak Prevention and Response Plans to prevent and contain norovirus outbreaks*. A few of the measures cruise ships can take to prevent passengers from getting sick include:

Increased cleaning

Stopping activities that are high risk for transmission such as self service buffet tables, where hand after hand is touching the same serving utensil

Isolating sick passengers

Alerting all passengers of illness and how to protect themselves

While most people who get sick with the norovirus on cruise ships recover completely, some do not. Some people get severely dehydrated which can put them at risk of death, particularly if they are young, old or have an underlying condition.

In those cases where a person has suffered a significant injury, the cruise ship may be liable for damages if it failed to take adequate steps to prevent the spread of the norovirus. If you have been seriously hurt, or if you have lost a loved one, and you have any questions about whether the injury or fatality was preventable, please call the New York City cruise ship injury lawyers of Hofmann & Schweitzer at 1-800-3-MAY-DAY for more information.

*Source: CDC – Vessel Sanitation Program Gastrointestinal Illness Surveillance and Outbreak Investigations

Life After a Railroad Toxic Spill

Wed, 17 Nov 2010 08:00:00 EST

Before the accident, living by the railroad was not a big deal. Sure, there was the occasional sounding of a horn or rattle of the train wheels, but those were just momentary annoyances.

We know that all of that changed the day that the train derailed in your community. That was the day that the toxic substances being carried by the train were spilled near your home or business. That was the day that your family was evacuated so that specially trained teams could clean up the spill.

You may have been told that everything would go back to normal quickly and that there would be no long term consequences from the spill. The railroad may have been quick to reimburse you for the expenses related to your evacuation and inconvenience, but is that enough?

It might not be. As New York and New Jersey railroad accident lawyers, we encourage you to think about the possible long term consequences of the train’s toxic spill. Will your water be safe to drink? Will there be an increase in diseases such as cancer in your neighborhood? Will you be able to sell your land?

The consequences of every New Jersey and New York train derailment are different. You need not be a passenger on the train or a train employee to recover damages. If you have been hurt by the short or long term consequences of a railroad toxic spill, then you also may be entitled to damages. Call an experienced New York City train accident attorney at Hofmann & Schweitzer today for more information about your rights. We can be reached at 1-800-362-9329.

What a New York City Train Accident Lawyer can Do for You

Tue, 16 Nov 2010 08:00:00 EST

It may seem like the harm has already been done and there is no way of undoing it. If you or a loved one have been hit by a train in New York or New Jersey, then the physical damage has been done. The railroad company or train operator may even have offered you financial damages for the accident.

However, it is not enough.

It is not enough to accept that the accident happened. A New York and New Jersey train injury attorney can help you in the following ways:

We can make sure that the accident is properly investigated, and that the railroad operator or train company makes any safety changes that could prevent future accidents.

We can make sure that you are given every opportunity to receive a fair settlement for the injuries suffered by you or your loved one.

If the train company or railroad operators believe they were at fault, or partially at fault for the accident, they are going to want to settle with you as quickly as possible. Do not accept a settlement without contacting the experienced New York City train accident injury lawyers of Hofmann & Schweitzer. Let us help you during this difficult time. Call us at 1-800-362-9329.

Protecting Shipbreakers From Falls

Fri, 12 Nov 2010 08:00:00 EST

Shipbreakers work in an extremely perilous profession and face many dangers each day when they go to work. Shipbreaking employers are required to take specific steps to protect workers from many dangers. Below are some of the steps required to protect shipbreakers from the dangers of falls. It is important to remember that other requirements exist to protect workers from a myriad of other dangers.

Fall Protection

Part of shipbreaking involves cutting away portions of the ship to move them to dry land for further disassembly. That means that new openings are continuously created on a structure that may be unstable. OSHA, therefore, recommends that all workers wear safety harnesses

Employers are also urged to guard deck edges and other openings whenever possible to prevent falls.

Injured Workers May Have Rights to Recovery

If you, or a loved one, have been hurt in a shipbreaking accident, then you may be entitled to recovery. Contact a shipbreaking accident lawyer as soon as possible after your injury to discuss your specific case. The experienced New York City maritime injury lawyers of Hofmann & Schweitzer represent injured maritime workers nationwide. Contact us today at 1-800-3-MAY-DAY or via our online contact form for more information.

Why You Need to Tell Your Premises Liability Lawyer Everything

Thu, 11 Nov 2010 08:00:00 EST

As an experienced New York and New Jersey premises liability attorney, there is something that I can tell all potential clients with certainty. You need to tell your premises liability lawyer about any pre-existing conditions that you had at the time of your injury.

Here’s why we need to know. The insurance company that is looking to pay you as little as possible for your slip and fall claim or other premises liability injuries will find out about your pre-existing condition and will try to use it against you. Predictably, the insurance company will argue that your injuries were the result of whatever pre-existing condition you have and that you would’ve suffered the same fate whether or not you were injured on the insured’s property.

Rather than take what the insurance company says at face value, a New York City premises liability lawyer will take the time to learn about your condition, accident, and whether the accident contributed to your injuries. If it did, we will fight hard for your recovery of damages.

So, call the New Jersey and New York slip and fall lawyers of Hofmann & Schweitzer today at 1-800-362-9329 or via our online contact form, and tell us everything so that we can effectively represent your interests and fight hard for your just recovery.

Three Ways to Prevent Cold Weather Construction Accidents

Thu, 04 Nov 2010 08:00:00 EST

Construction employers have a responsibility to protect their workers in all types of weather conditions. We’ve already discussed the dangers of heat related construction illnesses. Now – when the frost has settled in but the snow has not yet begun to fall – it is time to learn how to protect yourself from the dangers of cold weather construction injuries.

Construction workers who are outside in the northeast winters are exposed to freezing temperatures, ice and snow. If proper precautions are not taken then a construction worker is at risk for frostbite, musculoskeletal injuries and slip and fall accidents.

Thus, we encourage construction employers to protect construction workers from these dangers by:

Providing frequent breaks in warm facilities (such as a motor vehicle or trailer, if a building is unavailable)

Encouraging construction workers to increase their food and drink intake to regulate their body temperatures

Providing proper clothing that allows them to stay warm in frigid temperatures and safely perform their work

If you are a construction worker who was injured in a cold weather accident, then you may be entitled to damages for your injuries. Contact an experienced New Jersey and New York construction accident injury attorney at Hofmann & Schweitzer for more information. We can be reached at 1-800-362-9329 or via our online contact form.

Should I Trust My Railroad Claims Agent?

Thu, 04 Nov 2010 08:00:00 EST

Everyone has a job to do. Unfortunately, it is the job of a railroad claims agent to prevent you from recovering the maximum possible amount for your railroad related injury. In order to understand why you can’t trust a railroad claims agent, you must first understand the job of a railroad claims agent.

The Job of the Railroad Claims Agent

It is the railroad claims agent’s responsibility to pay you as little as possible. That way, the railroad claims agent’s employer keeps more money and stays profitable. In order to do his or her job, the claims agent will try to build trust and play on your financial fears in the hopes that you will settle for less than a fair settlement.

Don’t trust what the railroad claim agent says. Remember that he or she has an agenda different from your own. Instead, consult with an experienced New York or New Jersey railroad injury lawyer who can help you truly understand your potential legal recovery and fight hard for your recovery.

Paul T. Hofmann, Esq and Tim Schweitzer, Esq each have years of valuable railroad legal experience that is important to your recovery. For more information about how these New York City FELA attorneys can help you if you’ve been injured in a New Jersey or New York railroad accident, please contact us at 1.770.518.1133 or via our online contact form.

What to Do if You Experience Symptoms of a Traumatic Brain Injury or Spinal Cord Injury

Tue, 02 Nov 2010 08:00:00 EST

It is important to receive prompt medical treatment for a traumatic brain injury or spinal cord injury in order to prevent further damage after an accident. It can be difficult for seamen to receive such treatment because of their lack of proximity to a hospital when they suffer an injury. Thus, the New York and New Jersey maritime accident attorneys of Hofmann & Schweitzer encourage every seaman to understand the earliest symptoms of traumatic brain injury and spinal cord injury so that they can request medical treatment if an accident happens on their vessel.

Symptoms of SCI and TBI

If you, or anyone on your vessel, experience any of the following symptoms, then it is important to get medical help as soon as possible:

Headaches
Seizures
Loss of feeling or movement

Loss of bowel or bladder control

Confusion, anxiety or depression

Memory loss

Visual changes

Any Other Symptom Which is Causing You Concern: the symptoms of serious injuries, particularly traumatic brain injuries, may be subtle, but are nevertheless indicative of a serious problem. If you are unsure about your injuries or something has changed for you, then it is important to seek medical treatment as soon as possible.

If you have been diagnosed with a traumatic brain injury or spinal cord injury after a fall, struck by, or other type of maritime accident then you should seek legal assistance. The experienced New Jersey and New York maritime injury lawyers of Hofmann & Schweitzer would be pleased to provide you with a free consultation. Contact us today at 1-800-3-MAY-DAY for more information.

Why Cell Phones are Dangerous for Railroad Workers

Tue, 02 Nov 2010 08:00:00 EST

Train accidents may not happen as often as car crashes and truck wrecks, but train accidents do occur and the injuries can be significant. As with other drivers, train operators owe a duty of care to passengers and others to act with reasonable care.

Cell Phone Use Can Interfere with That Responsibility

If a train operator, conductor, engineer or other railroad worker is distracted by a cell phone or other electronic device, then a train crash, derailment or other accident can occur. In 2008, the Federal Railroad Administration (FRA) issued an Emergency Order No. 26 to address this problem and significantly limit the use of electronic devices by duty railroad workers.

New Rule Coming in 2011

In March 2011, much of Emergency Order No. 26 will become an official FRA rule. Railroad workers who are caught using a cell phone or other electronic device while on duty may face significant consequences whether or not an accident occurs.

People who are injured by distracted railroad workers may be entitled to damages. If you have been involved in a train accident caused by a cell phone or other device, please contact the experienced New Jersey and New York railroad injury lawyers of Hofmann & Schweitzer for a free consultation at 1-800-362-9329 or via our online contact form.

Collecting Damages if You're Denied Maintenance and Cure

Mon, 01 Nov 2010 08:00:00 EST

If you are legally entitled to maintenance and cure pursuant to federal maritime law and your maritime employer has failed to provide you with maintenance and cure, then you may be entitled to damages.

In 2009, the United States Supreme Court found that a seaman may be awarded punitive damages "for the willful and wanton disregard of the maintenance and cure obligation".* The court found that the right to maintenance and cure exists not only in the Jones Act but also in general maritime law. Thus, the fact that the Jones Act does not specifically allow punitive damages should not prevent a seaman to recover damages for wanton, willful or outrageous conduct that results in the denial of maintenance and cure payments.

If you have been wrongfully denied maintenance and cure payments, then it is important to seek the advice and counsel of experienced New York and New Jersey maritime lawyers. The maritime lawyers in New York and New Jersey’s maritime law firm of Hofmann & Schweitzer are committed to protecting the rights of all seamen. Contact us today at 1-800-3-MAY-DAY or via our online contact form if you’ve been hurt. We will provide you with a free consultation so that you can make an informed decision about pursuing possible damages against your employer.

*Source: Atlantic Sounding v. Townsend 129 S.Ct. 2561 (2009)

What to Do if You're Injured at a Friend's House

Fri, 22 Oct 2010 08:00:00 EST

If you’ve been injured in a slip and fall accident at a friend’s house, then it is important to take specific steps after the incident to protect your friendship, your physical recovery and your financial recovery.

The first thing that you should do after the premises liability accident is to seek medical attention. Visit the emergency room, or your personal physician, so that you can get the medical care that you need and not compromise your physical recovery.

Then, contact a New York and New Jersey slip and fall lawyer. Tell your lawyer about your accident, your injury and where the injury occurred. Your attorney will advise you about your potential rights to recovery and how to pursue them.

Finally, it is important to talk to your friend. Do not get into an argument about what caused your accident. In fact, it is best not to discuss the accident at all. Instead, explain that you have seen a doctor and that you have consulted a New Jersey and New York premises liability lawyer. Emphasize that your friendship is important to you and that you are seeking damages to cover your expenses and hope to settle the case amicably with the insurance company.

For more information about what to do after you are injured at a friend’s house, please contact the experienced New York and New Jersey accident lawyers of Hofmann & Schweitzer at 1-800-362-9329 or via our online contact form.

How to Prevent Crane Accident Injury and Deaths

Thu, 21 Oct 2010 08:00:00 EST

The majority of crane accident injuries and fatalities are caused by a few common reasons. Understanding the common causes of crane accidents is important to understanding how to prevent such accidents and how to prevent workers and their families from suffering.

Last May, the Center for Construction Research and Training described several things that can be done to prevent crane related accidents.* Specifically, it was suggested that:

Crane operators be certified. New York City, other major cities and approximately 18 states currently require crane operators to be certified. New York and New Jersey both require crane operator certification.
Sufficient training for all crane operators and other crane personnel.
Routine crane inspections by qualified crane inspectors.
Additional OSHA involvement.

Often, preventing crane accidents comes down to proper safety precautions being taken and to inspectors and workers using reasonable care in their work.

If you have been injured or if you have lost a loved one in a New Jersey or New York crane accident, then you may be entitled to damages. Please contact the experienced New York and New Jersey construction crane accident injury attorneys of Hofmann & Schweitzer today for more information. We can be reached at 1-800-362-9329 or via our online contact form.

*Source: The Center for Construction Research and Training: Understanding Crane Accident Failures: A Report on the Causes of Death in Crane-Related Accidents, May 2010

Maintenance and Cure: What You Need to Know if You've Been Hurt at Sea

Wed, 20 Oct 2010 08:00:00 EST

If you’ve been hurt in a maritime accident, lawyers in New York and New Jersey may be able to help you recover damages. You can contact a maritime lawyer anytime after your injury; however, the sooner you call, the sooner your admiralty attorney can get to work protecting your rights.

Many maritime workers are covered by the Jones Act. The Jones Act, which applies to seamen, allows seamen to recover damages for maintenance and cure until they reach the maximum medical cure. Maintenance is meant to provide a daily allowance to injured workers for their housing and food costs while they are on shore. Cure is meant to provide compensation for medical treatment up until the point you stop improving or making medical progress, or when you have reached the maximum medical cure.

The New York and New Jersey admiralty lawyers of Hofmann & Schweitzer are experienced in helping seamen recover damages for their injuries. If you’ve been hurt, then you may be entitled to damages that can make a big difference in your physical health and financial recovery. Please contact us today at 1-800-3-MAY-DAY or via our online contact form for a free consultation as soon as possible after your accident so that we can get started helping you recover the damages that you deserve.

Can the Problem of Railroad Fatigue be Fixed?

Thu, 14 Oct 2010 08:00:00 EST

Railroad fatigue causes many New Jersey and New York train accidents each year, as well as accidents around the country. The problem affects not only train engineers but also crew members, conductors, and switch operators, thus putting many railroad employees and passengers at risk of injury.

Different Groups Have Different Roles in Combating Fatigue

In June 2010, the Association of American Railroads (AAR) issued a background paper entitled Fighting Fatigue in the Rail Industry. As part of that paper, the AAR discusses the scientifically based fatigue countermeasures that railroads and their employees are pursuing*.

Some specific fatigue countermeasures include:

Attempting to return railroad employees to their homes after their shifts.

Increasing the number of hours off duty.

Creating “call windows” so that railroad employees know when they might expect a call to work.

Allowing fatigued employees to request an additional rest period without fear of retaliation.

Training employees about the warning signs of fatigue and the dangers of fatigue.

If you have been in a train accident because you or another railroad worker were too tired to do your job safely, then you might be entitled to damages. Call the experienced New Jersey and New York railroad fatigue injury attorneys of Hofmann & Schweitzer today at 1-800-362-9329 or via our online form for more information.

*Source: Association of American Railroads, Fighting Fatigue in the Rail Industry, June 2010

OSHA and Shipbuilding Group Announce Safety Alliance

Wed, 13 Oct 2010 08:00:00 EST

On September 24, 2010, the Occupational Safety and Health Administration (OSHA) and the Shipbuilding Group announced an Alliance to help protect shipbuilder workers’ safety. The Shipbuilding Group, includes the American Shipbuilding Association (ASA), the National Shipbuilding Research Program (NSRP) and the Shipbuilders Council of America (SCA). Together these groups represent shipyards with more than 150,000 machinists, sheet metal workers, plumbers, pipefitters and others involved in shipbuilding. This includes the majority of naval and commercial shipbuilders in the United States.

The purpose of the Alliance is to educate workers about their rights and risks of harm and to provide employers with information and training to keep workers safe. The Alliance is targeting safety generally and the following dangers more specifically: slip, trip and falls accidents, musculoskeletal injuries, and struck by injuries.

Previous Alliances between OSHA and shipbuilders have focused on protecting workers from the dangers of electrocution, welding, and the inhalation of dangerous gases.

Shipbuilding workers and employers are urged to contact OSHA, ASA, NSRP or SCA for more information about this important program or to get started protecting shipbuilding workers’ safety.

If you are a shipbuilder who has been hurt on the job, then you may be entitled to compensation for your injuries. Contact the experienced New Jersey and New York shipbuilder injury lawyers of Hofmann & Schweitzer today at 1-800-362-9329 or via our online contact form for more information.

What Happens When You Fall Off of a Ladder?

Tue, 12 Oct 2010 08:00:00 EST

Construction workers have dangerous jobs. When you think of all of the dangerous equipment used by construction workers such as cranes, scaffolding and motor vehicles, ladders may not come to mind. However, construction worker ladder accidents are common and can result in significant injuries.

Some of the injuries that can result from a ladder fall include:
•    Tailbone injury
•    Knee injury
•    Ankle injury
•    Spinal cord injury
•    Traumatic brain injury
•    Broken bones
•    Internal Injuries
•    Death from one or more of the injuries described above.

A fall from a ladder can result in immediate pain or gradual discomfort that just doesn’t go away. Since some of these serious injuries do not result in immediate pain, it is important to always see a qualified medical professional as soon as possible after a construction accident. Attorneys in New York and New Jersey recommend that you seek emergency care if you have any immediate concerns about your health.

If you’ve been hurt by falling off of a construction ladder or in any other type of construction accident, then you may be entitled to damages. Contact the New York and New Jersey construction injury attorneys of Hofmann & Schweitzer at 1-800-362-9329 or via our online contact form for more information.

How to Prevent Serious Eye Injuries on a Construction Site

Wed, 06 Oct 2010 08:00:00 EST

Many eye injuries are avoidable. Of course, the best type of protection is to avoid the accident altogether. Yet, it is still important to appropriately respond to an eye accident in order to avoid a more severe injury.

What Your Employer Can Do Before You Get Hurt

Before an injury occurs, an employer should evaluate the construction site, remove any risks of eye injuries, train construction workers on how to avoid eye injuries, and provide protective equipment for the unforeseen risks.

What Your Employer Can Do After You Get Hurt

It is also important to have a protocol in place to immediately handle any eye injuries on a construction site. For example, an eye wash or sterile solution should be kept with the first aid supplies in a known and easily accessible place. Additionally, workers should be instructed to call 911 if a co-worker has been injured.

What You Should Do After You Get Hurt

If you suffer a construction eye injury, then it is important to get prompt medical attention. A delay in medical treatment could lead to loss of eyesight. After your immediate medical needs have been attended to, you should then call the experienced New Jersey and New York construction eye injury attorneys of Hoffman & Schweitzer at 1-800-362-9329. We will fight for your just recovery.

Commercial Fishing Boat Inspections

Wed, 06 Oct 2010 08:00:00 EST

Hofmann & Schweitzer for many years have been active lobbyists for stricter safety reuirements for commerical fishing boats. We are pleased that President Obama will soon be signing into law New regulations requiring mandatory safety inspecitons and training for vessels operators. We believe this will reduce the amount of injuries and fatalities in one of the most dangerous occupations.

POST-TRAUMATIC STRESS DISORDER (PTSD) IS A PROBLEM ON THE RAILS. WHAT IS BEING DONE TO HELP

Tue, 05 Oct 2010 08:00:00 EST

POST-TRAUMATIC STRESS DISORDER (PTSD) IS A PROBLEM ON THE RAILS. WHAT IS BEING DONE TO HELP

The FRA is beginning a New Research Project on the Impact of Traumatic Stress on Train Crews. The Federal Railroad Administration (FRA) is inviting qualified researchers to apply for $50,000 in grant funding to initiate a study of Post Traumatic Stress Disorder (PTSD) and Acute Distress Disorder (ASD), conditions which are frequently suffered by train crews after being involved in collisions at highway-rail grade crossings or trespass incidents involving pedestrians, the two leading causes of fatalities in the railroad industry. Given the size and weight of trains, crews are often unable to stop their trains fast enough to avert these types of incidents, which can lead to psychological trauma for those involved. The selected individual or entity will be required to develop a baseline intervention plan for reducing the effects of traumatic exposure experienced by train crews, and one or more program designs suitable for implementation by rail carriers in partnership with their respective unions and others. Additional funding may be available in future years for expansion of the project. The Notice of Funding Availability is available at: http://www.fra.dot.gov/Pages/3009.shtml

Three Ways a Railroad Injury Lawyer Can Help You

Mon, 04 Oct 2010 08:00:00 EST

If you have been hurt working on the railroad then you most likely need help. An experienced New York and New Jersey railroad injury attorney can help you in several ways. For example, a NJ and NY railroad accident lawyer will work hard to get you:

The Time Off That You Need to Recover: it takes time to physically recover from an occupational injury. Your railroad injury attorneys will work hard to make sure that your employer gives you the necessary time off to heal before returning to work.

Medical Bills Paid: medical bills add up quickly. We believe that you shouldn’t have to pay medical bills for the physical pain caused by someone else’s negligence. We will fight for the full recovery of your medical expenses.

Lost Wages and Other Damages Paid: if you have incurred lost wages or other damages, we will advocate for your recovery of these expenses in your settlement.

If You Have Been Injured, Contact a Tristate Area Railroad Lawyer Today

Whether you have been hurt on the New York City subway, Metro-North, the Long Island Railroad, Amtrak or New Jersey Transit, the New Jersey and New York train injury lawyers of Hofmann & Schweitzer are ready to help you after a serious railroad injury.

Contact us today at 1-800-362-9329, or fill out or online form so that we can contact you for a free case consultation and help to answer your questions about your legal rights after a train accident.

Do Not Live With Back Pain if You Don't Have To

Wed, 29 Sep 2010 08:00:00 EST

The annoying back pain that you feel after a slip and fall accident can actually be the beginning of a chronic health problem or lifelong disability. For some people, back pain can be cured with proper medical treatment and rehabilitation. For other people, the back pain or disability will continue; however, the person’s pain or quality of life may be improved with treatment, rehabilitation, and through other resources.

In order to get the treatment that you need and deserve after a back injury, it is important to seek financial damages against the person or business responsible for your injuries so that you have the resources needed to get the proper treatment.

When you contact an experienced New Jersey and New York slip and fall back injury lawyers at Hofmann & Schweitzer, we will investigate the cause of your accident and work to recover damages on your behalf so you can get the treatment that you need. We will work to help you recover compensation for your medical expenses, rehabilitation costs, out of pocket expenses, lost wages, and pain and suffering.

Contact our New York and New Jersey premises liability lawyers today at 1-800-362-9329 for a free and confidential consultation.

Contact a New York New Jersey Train Accident Lawyer for Help After a Derailment

Tue, 28 Sep 2010 08:00:00 EST

Train derailments are sudden types of railroad wrecks that can cause significant injuries and fatalities. Often, the cause of the derailment is not readily apparent, and it takes the skill of an experienced New Jersey and New York train derailment lawyer to investigate the cause of the accident and to recover damages for the injured parties.

Helping You Recover Damages for Your Train Derailment Injuries

Your New York or New Jersey train accident attorney will conduct a thorough investigation and pursue damages against the individual, employer, or company that caused your injuries. You may be able to recover compensation for the following if you have a suffered a physical injury or lost a loved one in a train derailment accident.

Medical and rehabilitation expenses

Funeral costs

Out of pocket expenses

Lost income

Pain and suffering

These types of compensation may be available whether your accident was caused by train operator negligence, an employer’s negligence, improper railroad track or train maintenance, or even a defective product.

If you have been injured, or if you have lost a loved one in a train wreck, please contact the experienced New Jersey or New York railroad injury lawyers of Hofmann & Schweitzer at 1-800-362-9329 for more information about your individual rights to compensation.

How to Recover Damages After a Fall

Fri, 24 Sep 2010 08:00:00 EST

If you have been hurt in a New Jersey or New York slip and fall, then you likely have questions about your potential recovery. It is important to take the steps necessary to protect your right to potential damages so that your physical injuries are not compounded by life changing financial injuries.

There are three things that you can do after a fall to maximize your potential damages.

First, get prompt medical attention. Seek medical care from qualified doctors and follow doctors orders regarding follow up treatment.

Second, preserve any evidence of the accident. This may include taking pictures where you fell, getting the names of witnesses, or taking notes of what happened while the accident details are fresh in your mind.

Third, call an experienced New York and New Jersey fall attorney. Your attorney will guide you and take all of the steps necessary to safeguard your potential recovery while you concentrate on healing. The New Jersey and New York fall lawyers of Hofmann & Schweitzer have been representing people who have been hurt on other people’s property for more than three decades. We would be pleased to provide you with a free consultation and our honest opinion about your case. Contact us today at 1-800-362-9329 for more information.

Collecting Damages for a Construction Electrical Injury

Wed, 22 Sep 2010 08:00:00 EST

Construction electrical injuries not only injure and kill individuals but also devastate families. The families of those who have been injured or killed may suffer emotionally and financially after an accident. The medical bills, funeral expenses, out of pocket costs and lost income can quickly become overwhelming at a time when there are more important things to think about than money.

A New Jersey and New York Construction Accident Lawyer Can Help You

A New York and New Jersey construction injury attorney will work with you to help your family after a construction electrical accident. The experienced lawyers of Hofmann & Schweitzer will partner with you so that you can concentrate on your family’s physical and emotional needs while we fight for your financial recovery.

Potential Damages May Include

A recovery for a construction electrical accident injury may include compensation for medical expenses, funeral expenses, out of pocket expenses such as child care and household help made necessary by the accident, lost income and pain and suffering.

However, even if the construction employer was negligent, the employer may be hesitant to provide damages. Let us help you recover what is rightfully yours and take away the financial stresses associated with the accident.

Identifying the Proper Defendant After a New York City Sidewalk Fall

Tue, 21 Sep 2010 08:00:00 EST

The time following a New York City sidewalk slip and fall accident can be confusing. There is often a lot of commotion immediately following the fall, and there are a lot of decisions to be made in the weeks and months ahead if you sustained injuries in the fall.

One of the important decisions that will need to be made is whether you are going to pursue legal damages against someone for the injuries that you sustained. In 2003, New York City enacted new and specific rules about slip and falls that effect whether the City or the adjoining property owner will be responsible for your injury.

A New York City fall injury lawyer can help you determine how the rules apply to your case and whether the potential defendant is liable for your injuries. In order to help your New York fall attorney identify the proper defendant for your case, it is important to provide your lawyer with:

The exact location where you fell, including the address of the closest property;

Any pictures of the accident scene that you have and detailed information about the condition of the sidewalk and other circumstances of your accident; and

Medical records related to your fall injuries.

If you have sustained injuries in a New York City sidewalk fall accident, then please contact the experienced New York slip and fall lawyers of Hofmann & Schweitzer for more information about who may be responsible for your injuries.

How Cruise Ship Workers Get Hurt

Fri, 17 Sep 2010 08:00:00 EST

If you are a cruise ship worker, then you know that life is not always as glamorous as it appeared on the popular 1970’s TV program The Love Boat. Romance can be difficult to fit into a long work day that often occurs in difficult conditions and can result in injuries.

Common Reasons for Cruise Ship Crew Member Injuries

It can be difficult for a cruise worker to prevent his or her own injury because so much of the potential for harm is controlled by the cruise ship employer. Common cruise ship crew injuries occur because of:

Inadequate staffing

Broken or missing equipment

Weather conditions

Negligence of other crew members or a cruise ship employer

Recovering Damages

If you have been hurt in an accident for any of the above reasons then you may be entitled to damages. However, how you were hurt impacts what kind of damages you can recover. Maritime law is complicated and different laws apply to different situations.

If you are a cruise ship worker, injuries can be painful and expensive. Contact a New Jersey and New York cruise ship employee lawyer for more information about your potential recovery. The maritime lawyers of Hofmann & Schweitzer are ready to talk to you about your potential case and can be reached at 1-800-3-MAY-DAY.

How Do Construction Injuries Happen?

Thu, 16 Sep 2010 08:00:00 EST

Last month the Bureau of Labor Statistics (BLS) released the 2009 construction fatality statistics. According to the BLS, 54 percent of construction fatalities occurred because of falls, highway accidents, and being struck by objects. While the number of construction workers injured in 2009 was not included in the BLS numbers, it is reasonable to think that many more construction workers were injured in falls, highway accidents and struck by object accidents during 2009. Yet, the BLS numbers only tell half the story.

What Happened to the Other Construction Workers Who Were Hurt or Killed in 2009?

A review of the National Institute for Occupational Safety and Health (NIOSH) Fatality Assessment and Control Evaluation Program indicates other reasons have lead to construction worker fatalities in the past. It is reasonable to assume that the cause of these past fatalities led to injuries and deaths during 2009.* Some of those causes include:

Electrocutions

Getting caught in machinery

Explosions/fires

Carbon monoxide poisoning

Asphyxiation

Heat stroke

Trench collapse

If You Have Been Hurt or Lost a Loved One in a Construction Accident

The New Jersey and New York construction accident lawyers of Hofmann & Schweitzer understand your physical, financial and emotional pain. We are committed to helping you with your legal recovery. Please call us today at 1-800-362-9329 for a free consultation.

*Source: NIOSH Fatality Assessment and Control Evaluation State Based Case Reports: Construction

What to Expect After a Spinal Cord Injury

Tue, 14 Sep 2010 08:00:00 EST

If you have incurred a spinal cord injury after a fall, then you already know that the short term affects on your life are dramatic. Less than one percent of people who sustain a spinal cord injury make a complete recovery by the time they leave the hospital.*

Things that you were once able to do for yourself now require help. You may be unable to work or even to live on your own. Understanding what to expect after a spinal cord injury and how to recover is important so that you can create a realistic recovery plan.

Employment After a Spinal Cord Injury
It is important to remember that you are an individual and the statistics provided do not sentence you to a certain fate. However, the statistics do provide a realistic picture of what it is like to live with a spinal cord injury. Approximately 57% of spinal cord injury victims are employed at the time of their accident. Ten years later, approximately 32% of paraplegics and 24% of quadriplegics are employed.

Cost of a Spinal Cord Injury
It is estimated that the lifetime medical costs of a spinal cord injury victim range anywhere from half a million dollars to more than three million dollars depending on the age of the victim and the extent of the injury. Those figures do not include lost wages and other expenses.

If you have suffered a spinal cord injury in a New York or New Jersey slip and fall accident, call the New Jersey and New York spinal cord injury lawyers of Hofmann & Schweitzer for more information about your potential recovery.

*Source: National Spinal Cord Injury Statistical Center, Birmingham, Alabama Spinal Cord Injury Facts & Figures at a Glance 2008

Insurance Companies Crack Down on Fraudulent Slip and Fall Claims – How to Protect Your Right to Recovery if You've Been Hurt

Thu, 09 Sep 2010 08:00:00 EST

On August 24, 2010, the National Insurance Crime Bureau (NICB) issued a press release indicating that it will be scrutinizing slip and fall cases for fraud more closely in the future. Joe Wehrle, the president and chief executive officer of the NICB says that while many people have legitimate claims, many others do not.

Fraudulent slip and falls in New York City ranked in the top five cities in the country with this problem. New York state slip and falls were among the top five states in the country with this problem, which was later proven false.

What Does This Mean if You Have a Legitimate New York Slip and Fall Injury?

It means that the insurance company is going to be taking a closer look at your claim. However, it does not mean that you will be unable to recover the damages to which you are legally entitled.

In order to maximize your chances of recovering damages, it will be important to consult an experienced New York slip and fall lawyer who knows what the insurance company is looking for and how to accurately and effectively present your claim.

The New York premises liability lawyers of Hofmann & Schweitzer will provide you with a free case evaluation after a slip and fall accident. Call us at 1-800-362-9329 for more information about your rights.

What You Need to Know About Mold in New York City Apartments

Wed, 08 Sep 2010 08:00:00 EST

In New York City, mold is both preventable and dangerous*. Property owners and managers have a legal obligation to keep buildings in good condition so that mold will not form and endanger the health of tenants. As a tenant, it is important to recognize the signs that mold might be present and to know what you should do if you suspect mold in your apartment.

Is There Mold in My Apartment?

Mold may be present in your apartment if you:

See a furry, slimy or powdery substance in a damp area of your apartment.

Smell something that is musty or stale.

Experience a cough, congestion, or breathing trouble in the area where you suspect mold, but it clears up when you are elsewhere.

What Should I Do if There is Mold in My Apartment?

If there is a small area of mold in an apartment, then you may try to clean it yourself. However, if the area is large or comes back after you have tried to clean it, then you should request that your landlord fix the problem. A professional mold abatement company may be necessary.

If you, or your loved ones, have been hurt by the mold in your apartment then you should seek the assistance of a New Jersey or New York mold injury lawyer. Our New York and New Jersey premises liability lawyers would be pleased to provide you with a free consultation. Call us today at 1-800-362-9329 for more information.

*Source: New York City Department of Health and Mental Hygiene Mold Fact Sheet

PORT AUTHORITY AGENCY APPROVES FINANCING DEAL WITH SILVERSTEIN ON TWO WTC TOWERS

Tue, 07 Sep 2010 08:00:00 EST

PORT AUTHORITY AGENCY APPROVES FINANCING DEAL WITH SILVERSTEIN ON TWO WTC TOWERS

It is reported that the Port Authority of New York and New Jersey, which owns the World Trade Center site, formally approved a deal with Larry Silverstein, the site’s developer, over how to help pay for two towers on the site. The deal will now require stakeholders to share the financial risk in an effort to protect public resources. The Port Authority will up $1 billion to help finance a 64-story building already under construction, to be used if the building is unable to repay its debt. The Port Authority also has agreed to provide $600 million backup financing for a 71-story tower, if Silverstein finds tenants and raises $300 million in cash.

EW SKYSCRAPER NEAR EMPIRE STATE BUILDING IS APPROVED

Tue, 07 Sep 2010 08:00:00 EST

NEW SKYSCRAPER NEAR EMPIRE STATE BUILDING IS APPROVED

Over objection from the owners of The Empire State Building, developers have succeeded in gaining New York City Council approval of zoning and land use changes to permit the building of a new 67-story tower two blocks west of the 102-story Empire State landmark. The tower will be slightly shorter than the iconic building, but lawmakers rejected the argument that the Empire State Building was so special in its area that the 1,190-foot glass office tower would ruin the view and forever negatively alter the skyline. Developer of the project, Anthony Malkin, advised that the development is still in the planning stages and no date for construction has been set. The project would involve the demolition of the aging Pennsylvania Hotel across the street from Penn Station.

MADISON SQUARE GARDEN RENOVATION

Tue, 07 Sep 2010 08:00:00 EST

MADISON SQUARE GARDEN RENOVATION

Plans to modernize Madison Square Garden’s building, built by Turner Construction in 1968, have moved forward. Turner announced that it will serve as a construction manager of the building’s upgrade, in a project projected to cost approximately $775 million dollars. The home of the New York Knicks and New York Rangers, construction will proceed during off-seasons of the teams

WTC SITE DEVELOPMENT

Tue, 07 Sep 2010 08:00:00 EST

WTC SITE DEVELOPMENT

The 104-story One World Trade Center (formerly known as the Freedom Tower) has reached 36 floors and is rising at a rate of about one floor every 8-10 days.

COLUMBIA UNIVERSITY DEVELOPMENT USING EMINENT DOMAIN IS APPROVED BY THE NEW YORK STATE COURT OF APPEALS.

Tue, 07 Sep 2010 08:00:00 EST

COLUMBIA UNIVERSITY DEVELOPMENT USING EMINENT DOMAIN IS APPROVED BY THE NEW YORK STATE COURT OF APPEALS.

Columbia University has been given the green light to proceed with its $6.3 billion expansion in the Manhattanville neighborhood of Harlem. The Court allows the State of New York to seize by eminent domain a small amount of property currently home to private businesses in the area where Columbia already owns most of the land. The project involves development and redevelopment in a 17-acre area.

EMPLOYMENT IN THE U.S.

Tue, 07 Sep 2010 08:00:00 EST

EMPLOYMENT IN THE U.S.

The U.S. lost 54,000 jobs in August, and the unemployment rate rose to 9.6%. The good news is that private employers added 67,000 jobs, more than forecast, but government layoffs more than offset that gain, the Labor Department reported.

GOOD NEWS ON THE ENVIRONMENTAL CONSTRUCTION FRONT - $200 MILLION WIND FARM UNDER CONSTRUCTION IN HERKIMER COUNTY, N.Y.

Tue, 07 Sep 2010 08:00:00 EST

GOOD NEWS ON THE ENVIRONMENTAL CONSTRUCTION FRONT - $200 MILLION WIND FARM UNDER CONSTRUCTION IN HERKIMER COUNTY, N.Y.

Iberdrola Renewables recently began construction at a wind farm project, in Herkimer County. Currently, large wind turbine components are arriving daily by truck for a 74 megawatt power plant. Development costs will approach nearly $200 million, and is projected to be on line by the end of the year, providing emission-free electricity. Nearly 200 construction jobs have been created for workers pouring foundations, transporting components, installing electrical systems, as well as creating access roads.

Three Things You Should Do if You're Hurt in a Store

Thu, 02 Sep 2010 08:00:00 EST

If you have already suffered an injury by slipping and falling, getting hit by falling merchandise or by being the victim of an attack that could have been prevented with adequate security, then you may be wondering what to do next.

Report the Accident

Regardless of the extent of your injuries, it is important to report any injury sustained in a store to the store manager as soon as possible. Your report will not only provide the store with notice of your incident and potential injury, but it may also encourage the store to fix the condition that led to your injury.

See a Doctor

Our New York and New Jersey slip and fall lawyers recommend that everyone who is involved in a store accident seek medical attention regardless of the extent of the injuries. Only a doctor can determine how badly you are injured and whether you need treatment.

Consult a New Jersey or New York Store Accident Lawyer

If you have suffered an injury that results in medical expenses, rehabilitation costs, out of pocket expenses, or lost income, then you may be able to recover damages for your New Jersey or New York store injury. Attorneys from Hofmann & Schweitzer will provide you with a free consultation and advise you about your rights to potential damages.

Six Knee Injury Symptoms You Should Not Ignore

Tue, 31 Aug 2010 08:00:00 EST

Anytime that you experience severe knee pain after a fall accident, you should seek prompt medical attention. Unlike a broken bone, knee pain may not be immediately excruciating, yet medical attention is still important to ensure your recovery.

If you experience any of the following symptoms, your knee injury may be more significant than you thought at the time of your slip and fall accident. Therefore, it is important to seek medical attention if you:

Have immediate pain;

Have pain that worsens when you walk or bend your knee;

Are unable to bear weight on your knee;

Experience swelling;

Have pain when you exercise or climb stairs; or

Experience a feeling that your knee is locked and unable to straighten.

If You Suffer a Knee Injury, Slip and Fall Attorneys May be Able to Help with Your Recovery

If you suffered any of the above symptoms, or a different type of knee injury, because you slipped or tripped and fell on someone else’s property, then you may be entitled to legal damages. The experienced slip, trip and fall lawyers of Hofmann & Schweitzer welcome your call. We will be happy to provide you with a free consultation if you have suffered an injury in a New Jersey or New York slip and fall accident.

Will the Death on the High Seas Act be Revised?

Fri, 27 Aug 2010 08:00:00 EST

If your loved one has been killed in a maritime accident then you may be entitled to damages. The Death on the High Seas Act provides damages to the surviving spouse, parent, or child of a seaman who was killed due to negligence on the high seas. Damages may include compensation for lost wages due to the worker’s death. The determination of lost wages is based on the worker’s age and salary at the time of death.

Changes to the Death on the High Seas Act May be Coming
It is important to note that as of August 2010 legislation has been passed by the U.S. House of Representatives and is pending in the Senate that would amend the Death on the High Seas Act to increase the potential financial recovery for survivors of those killed in maritime accidents. If the bill becomes law, the Death on the High Seas Act would be amended by the Fairness in Admiralty and Maritime Law Act, allowing survivors of those killed in maritime accidents on the high seas to recover for the pain and suffering and loss of compassion, care, and comfort caused by the death of their loved ones.

For more information about your potential recovery, please contact a New Jersey and New York maritime accident attorney at 1-800-3-MAY-DAY for a free consultation.

Signs That You May Have Been More Seriously Hurt Falling on the Stairs Than You Realize

Fri, 27 Aug 2010 08:00:00 EST

A stairway slip-and-fall may seem like an embarrassing nuisance, but it can be much more significant than that. It is important to recognize the physical symptoms that require prompt medical treatment if you, or a loved one, fall on the stairs.

Symptoms that should never be ignored include:

Headaches

Back pain

Ankle or foot pain

The inability to put weight on your legs

The inability to move or bend your arms, legs, fingers, or toes

Pain or tenderness in your abdomen

Bleeding that is not easily stopped

Since this blog is not intended to provide medical advice, the New Jersey and New York premises liability lawyers of Hofmann & Schweitzer recommend that you seek medical care after every fall so that a qualified medical doctor can determine whether you are injured and how best to treat you. Some injuries may not become apparent until days after your fall, but do not hesitate to seek medical treatment to prevent any needless suffering.

If you do suffer an injury from a stairway fall, please contact one of our experienced New York and New Jersey slip-and-fall lawyers for a free consultation about your potential financial recovery.

What to Do if You're Hurt in a Tug Boat Accident

Wed, 25 Aug 2010 08:00:00 EST

Tug boats are dangerous places to work. The tight space, large fuel tanks, and dangerous equipment make it imperative that the tug boat operator and crew members be diligent and careful at all times in order to prevent tug boat accidents.

If you’ve been hurt or lost a loved one in a tugboat accident, then it is important to report that accident to the victim’s employer immediately. If you are out at sea when the accident happens, you should direct the tug boat operator or a crew member to radio the Coast Guard or another vessel to get you to shore as quickly as possible for medical treatment.

Once you are back on land and have had your immediate medical needs attended to then it is time to contact a tug-boat accident attorney. The New Jersey and New York tug-boat accident lawyers of Hofmann & Schweitzer are experienced maritime lawyers who fight hard for just recovery for each of their clients. They will help you protect your rights and advocate for your full recovery of damages. Call one of their New York and New Jersey tug-boat accident attorneys today at 1-800-3-MAY-DAY for more information.

Collecting Damages for a Ferry or Tourist Boat Injury

Wed, 25 Aug 2010 08:00:00 EST

If you’ve been hurt or lost a loved one in a tourist boat or ferry accident then you know how devastating the damage can be. Medical bills quickly pile up while income is lost due to the inability of the injured or deceased to work. The emotional pain and suffering can quickly become intense.

So, how do you begin to recover from a ferry accident or tourist boat crash? You call the experienced New Jersey and New York maritime injury lawyers of Hofmann & Schweitzer for a free consultation.

Our New York and New Jersey maritime accident attorneys know how badly you are suffering, and we know how to help you. We want you to focus on your physical and emotional recovery while we focus on your financial and legal recovery.

After our initial meeting, we will thoroughly investigate your accident and build the strongest possible case against the owners or operators of the tourist boat or ferry upon which you were hurt. We will strongly advocate for a fast and fair settlement, but if a settlement is not forthcoming, we will not hesitate to litigate on your behalf. Your recovery is our priority. Please call us today at 1-800-3-MAY-DAY for more information.

Are Commercial Divers Seamen?

Thu, 19 Aug 2010 08:00:00 EST

While commercial divers are generally considered maritime workers, they are not always seamen. Whether a commercial diver should be considered a seaman depends on the particular facts of the diver’s occupation.

The outcome of that determination determines which maritime laws apply to an injured commercial diver or the survivors of a fatally injured commercial diver.

New Jersey, New York, and federal courts do not exclude all divers from being considered seamen, and thus some are entitled to the protections of the Jones Act. The courts have instead found that a diver should be considered a seaman for purposes of the Jones Act only if the diver was engaged in navigation and assigned to a vessel (or fleet of vessels) more or less permanently.

Commercial divers who are not found to be seamen, do not forgo all financial recoveries if they are hurt in an accident. Other federal laws may still apply.

If you have been hurt, or if you have lost a loved one, in a commercial diving accident, it is important to contact a New Jersey and New York maritime injury lawyer to discuss your rights. A New York and New Jersey maritime accident attorney from Hofmann & Schweitzer will evaluate your case and aggressively pursue damages on your behalf. Call 1-800-3-MAY-DAY today for a free consultation.

Why Signing Papers Without a Maritime Attorney is a Bad Idea

Wed, 18 Aug 2010 08:00:00 EST

What you do, what you say, and what you sign in the days following a maritime accident can greatly affect your eventual legal recovery. As a maritime employee, it is important that you promptly report your accident to your employer in order to safeguard your rights. However, you are not obligated to sign papers without consulting with your New Jersey and New York maritime injury attorney.

Many maritime employers will try to get injured workers to sign papers as soon as the injury is reported. Often these papers contain fine print that limits the maritime employee’s future right to financial recovery. Some employers will go as far as to tell employees that they will not be able to recover anything if they do not sign the papers presented to them.

That is simply not true.

Federal maritime law does not require you to sign anything prior to having your attorney review it, and our New York and New Jersey maritime accident lawyers suggest that you refrain from signing anything until your lawyer has reviewed it and advised you how to proceed.

Don’t let the physical pain and financial hardship of a maritime accident be compounded by the tricky tactics of your employer. Protect your rights and contact a lawyer before you sign anything!

What to Do if You're Hurt on a Cruise Ship

Tue, 10 Aug 2010 08:00:00 EST

People dream of basking in the sun, indulging in decadent food, and enjoying world-class entertainment when they board a cruise ship. Nobody imagines that they will be the victim of a crime. But every year people become victims of violent and nonviolent crimes on cruise ships.

Recently, the Cruise Vessel Security and Safety Act of 2010 was enacted to provide protection to victims of cruise-ship crimes and accidents. However, many of these provisions do not go into effect until early 2012.

Thus, it is important to understand what you can do to protect yourself, if you are hurt on a cruise ship.
First, report the incident immediately to a responsible crew member. Request that the incident be investigated, and ask whether there are any trained investigators on board. It is important to oversee the investigation and to do your own investigating as much as possible.

Second, report the incident to U.S. officials at the next port of call. If the incident took place outside the United States, then report it to the U.S. consulate.

Third, request that the incident be reported to the FBI and U.S. Coast Guard for further investigation.

Finally, contact an experienced New Jersey and New York maritime injury lawyer as soon as possible so that your New York and New Jersey maritime accident lawyer can protect your rights and work hard for your recovery.

How to Recover From Injuries After a Fall on the Deck

Mon, 09 Aug 2010 08:00:00 EST

If you are seaman who has suffered an injury after a fall on a deck, then you know how serious the consequences of your fall may be. You know the physical pain, emotional toll, and financial hardship caused by your injury, and with the help of a New Jersey and New York maritime injury lawyer you can know how to recover.

Your Physical Recovery
Of course, the most important part of your recovery is your physical recovery. It is important to get prompt medical treatment from a qualified doctor. You are not required to see a company doctor; you may see any competent doctor you choose. Your doctor will advise you about the steps you need to take to ensure your recovery.

Your Financial Recovery
Federal maritime law may entitle you to damages for injuries related to your fall. Damages can include compensation for your medical bills and for your basic living expenses while you are unable to work. Additional damages may be awarded in some cases.

In order to recover damages, it is important to consult a New York and New Jersey maritime accident lawyer to discuss your case.

Recovering Damages When a Loved One is Killed in a Construction Accident

Fri, 06 Aug 2010 08:00:00 EST

In 2008, New York City reported thirty-one construction-accident fatalities. New Jersey and other parts of New York had additional construction fatalities, and many more construction workers in both states were injured in occupational accidents.

If you have been hurt, or if you have lost a loved one, in a New Jersey or New York construction accident then you may be entitled to damages for your injuries. In order to recover damages, you should report the injury or fatality to your employer and seek the advice of an experienced New Jersey and New York construction injury lawyer.

Your New York and New Jersey construction accident attorney will make sure that you meet all the required deadlines and filing requirements for a worker’s compensation claim or wrongful death claim. Possible damages include compensation for medical bills, rehabilitation costs, funeral expenses, and lost income.

It is important not to try to recover damages on your own. Your employer and your employer’s insurance company are motivated to provide you with the lowest possible damage award. Instead, hire an experienced advocate who will fight hard for the full and complete financial recovery that you deserve while you take the necessary steps to put your life back together after a construction injury or the death of a loved one.

Construction Chemical Burns: What You Need to Know About Your Physical and Financial Recoveries

Thu, 05 Aug 2010 08:00:00 EST

There are two important parts to a recovery from a construction-related chemical burn. First, you must recover physically; then you must recover financially so that you and your family can move past your injury can get on with your lives.

Your Physical Recovery
Your physical recovery starts with prompt medical treatment as soon as you notice symptoms of a chemical burn. If your burn is severe, you may be admitted to the hospital, where you will probably be given IV fluids to stabilize your heart rate and blood pressure. You may be started on antibiotics to protect you from infection, and you may require significant pain-management medication, depending on the extent of your injury.

Your Financial Recovery
Your burn may be bad enough to cause you to incur large medical bills, and it may be bad enough to keep you out of work while you recover from your construction injury, which can mean a great deal of lost income. New Jersey and New York construction accident lawyers may be able to help you with your financial recovery if you’ve been hurt on a construction site. Our New York and New Jersey construction injury attorneys understand the physical pain and financial hardship caused by chemical burns, and will fight hard for your full recovery after a construction-related chemical burn.

How to Prevent Heat-Related Construction Illnesses

Sat, 31 Jul 2010 08:00:00 EST

Heat-related illnesses are a real risk for construction workers, especially during the heat waves of midsummer. Construction employers can minimize the dangers of heat-related illnesses by:

Providing workers with a cool place to take breaks. This may include an air-conditioned trailer or a shaded area, for example.
Adjusting work schedules to avoid the hottest part of the day. Construction workers may work at night or in the very early morning hours to avoid the hot midday sun.
Keeping workers well hydrated. Workers should be provided with unlimited access to cool, fresh water.
Having workers wear proper clothing. Clothing should be as light-weight as possible, taking into consideration the necessary safety precautions that must be taken on construction sites.
Recognizing the early signs of heat illness and getting the required help.

If you are a construction worker who has suffered from heat stroke or another heat related illness, then you may be entitled to damages. Call the New Jersey and New York construction injury lawyers of Hofmann & Schweitzer for more information about how to recover damages for your injuries. Our New York and New Jersey construction accident attorneys will work hard for your recovery.

Recovering Damages for Construction Related Hearing Loss

Fri, 30 Jul 2010 08:00:00 EST

Construction workers are routinely exposed to loud noises that put them at risk for work-related hearing loss. Hearing loss, which may be permanent, is a serious injury that fundamentally affects the life of the injured worker.

Construction employers have a responsibility to take reasonable precautions to keep construction workers safe by limiting noise exposure and providing appropriate safety gear. If an employer does not take the legally required steps to protect a construction worker’s hearing and the worker suffers hearing loss then the employer may be required to pay damages for the construction worker’s hearing loss.

Potential Damages for Construction-Related Hearing Loss

Damages may include compensation for all:

Medical expenses (including medical care and medical devices such as hearing aids).
Rehabilitation costs (such as speech therapy).
Loss of income.
Additional damages may be awarded in some cases.

If you are a construction worker who has suffered hearing loss due to your work then you should contact a New Jersey and New York construction injury lawyer from the law firm of Hofmann & Schweitzer. Our experienced New York and New Jersey construction accident lawyers will thoroughly investigate the cause of your hearing loss and we will fight hard for your fair and equitable recovery. Call us today for a free consultation.

Recovering Damages for Dog Bite Injuries

Thu, 29 Jul 2010 08:00:00 EST

While New Jersey and New York property owners and managers do not have direct control over their tenants’ dogs, they do have the authority and the responsibility to restrict dogs on the premises and to create rules about how dogs are to be kept on the property.

When a property owner fails to take the necessary steps to protect people from a dog bite or dog attack, then that property owner may be as liable as the animal’s owner for injuries the animal causes.

Potential Damages for Dog Bite Injuries

New Jersey and New York dog bite victims are entitled to damages for all medical expenses, out-of-pocket expenses, and lost income caused by their injury. Victims may be entitled to additional damages in some circumstances.

If you, or a loved one, have been bitten by a dog, then the New Jersey and New York premises liability lawyers of Hofmann & Schweitzer will investigate the accident and determine whether a property owner or landlord had any legal responsibility to prevent your accident. Our New York and New Jersey dog bite lawyers will aggressively fight for your equitable recovery after you have been hurt by an aggressive dog. Call us today at for a free consultation.

The Importance of Filling Out Railroad Personal Injury Reports

Thu, 29 Jul 2010 08:00:00 EST

If you have suffered an injury as a railroad employee, then you will likely be asked to complete a railroad personal injury form . It is important that you fill out this form as completely as you can and within the required time. If you do not complete the form by the required deadline, and if you do not include the proper information, then your claim for recovery may be limited or denied.

Railroad personal-injury forms usually have three sections. The first section requests basic biographical information. It is important to complete this section accurately, as it reflects your credibility and right to recovery. Next, you will be asked to complete a section describing how the incident occurred. It is important to include every detail about the incident occurred. You do not want your recovery to be denied because you left out a detail that you thought irrelevant at the time. Finally, you will asked to note any defects that resulted in your injury. It is important to include all suspected defects so as not to preclude a possible defendant or be denied compensation for failure to provide notice.

If you have any questions about how to fill out a railroad personal injury form, please contact a New Jersey or New York railroad injury lawyer at Hofmann & Schweitzer. Likewise, if you have already completed the form and need help with your recovery, call one of our New York or New Jersey railroad accident attorneys today.

Recovering Damages After a Fire

Sun, 25 Jul 2010 08:00:00 EST

If you’ve suffered injuries or lost a loved one in a fire then you understand that the physical, emotional and financial impact can be tremendous. You may not realize, however, that someone else’s negligence could be the cause of your suffering. The danger presented by a fire is often compounded by buildings that do not meet local building and state fire codes. Thus, property owners or managers may be liable for damages caused in a fire if their negligence allowed the fire to spread and injuries or fatalities to occur.

If you’ve been hurt in a New Jersey or New York fire, the damages to which you may entitled may include money for medical bills, lost income, out-of-pocket expenses, funeral expenses, and pain and suffering.

A New York or New Jersey premises liability lawyer will investigate your case and determine whether there is a possible cause of action against the building or manager. The experienced New Jersey and New York premises liability attorneys of Hoffman & Schweitzer will work hard to help you recover fair and just damages for the injuries you incurred because of a property owner or manager’s negligence. Call us today and let us help you get started with your legal recovery.

Reporting Hazardous Safety Conditions to Your Railroad Employer

Fri, 23 Jul 2010 08:00:00 EST

Railroad workers are often exposed to dangerous conditions that result in significant injuries and illnesses. Often, workers recognize the potential for danger but are afraid to do anything about it because they fear retaliation from their employers or contractors.

The Federal Rail Safety Act provides significant protections to employees who lawfully report a hazardous safety or security condition. Specifically, any railroad carrier engaged in interstate (or foreign) commerce cannot discharge, demote, suspend, reprimand, or in any other way discriminate against an employee for:

Good-faith reporting of a hazardous condition.
Refusal to work when confronted with a hazardous condition, provided the refusal is made in good faith and there is no reasonable alternative to the refusal. A refusal is made in good faith if: when confronted with a situation similar or identical to the one facing the employee, a reasonable person would conclude that there was an imminent danger of death or serious injury; the urgency of the situation does not allow sufficient time to eliminate the danger without a refusal; and the employee, if possible, has notified the employer of the hazardous condition and his own refusal to work until the condition is fixed.

Railroad employees are in a unique position to protect themselves, their coworkers, and train passengers from serious railroad accidents. The New York and New Jersey railroad injury attorneys of Hofmann & Schweitzer encourage railroad employees to take the necessary steps to protect themselves and to call one of our NJ or NY train accident lawyers if you’ve been hurt in an accident.

Three Ways to Increase Railroad Safety

Sun, 18 Jul 2010 08:00:00 EST

The Federal Railroad Administration Office of Safety Analysis publishes railroad accident statistics for each state and region. The statistics tell us where each accident occurred, what type of accident it was, and the cause of the accident, if known. The purpose of compiling the statistics is to improve safety for railroad workers, passengers, and others who might be involved in railroad accidents.

In 2009, there were more than 1,500 New Jersey and New York railroad accidents*. These statistics indicate that the following steps should be taken in order to lower the number of injuries and fatalities caused by New York and New Jersey railroad accidents:

Special consideration should be paid to highway crossings and trespassing incidents.

Decreasing the incidence of faulty equipment, track defects, and signal problems could reduce the number of railroad casualties.

Increased attention should be paid to the danger of human error. The causes of human error should be better investigated to determine whether there is a problem with training, distracted workers, or a lack of safety checks.

Statistics are only useful if we think about the individual lives affected by railway accidents, and the steps that we can take to improve safety.

If you’ve been hurt, or if you’ve lost a loved one in a New Jersey or New York railroad accident, New York lawyers may be able to help you collect the damages you deserve. Call Hofmann & Schweitzer today for a free consultation.

*Source: Federal Railroad Administration, Office of Safety Analysis, Accident/Incident Overview by State/Region

Dangerous Illnesses Caused by Working on the Railroad

Fri, 16 Jul 2010 08:00:00 EST

If you work in the railroad industry, it is important to take precautions against developing railroad occupational diseases. The toxic substances with which you work can cause brain damage, cancer, and breathing difficulties.

Brain Damage

Certain toxic solvents widely used in the railroad industry from the 1960s through the 1990s have resulted in toxic encephalopathy. The symptoms of toxic encephalopathy include memory loss, depression, anxiety, and decreased mental function. These symptoms are commonly mistaken for other neurological problems, and toxic encephalopathy is often misdiagnosed. If you, or a loved one, experience these symptoms after working in the railroad industry then it is important to find a doctor who is experienced in diagnosing and treating this specific type of brain damage. It is also important to find an experienced New Jersey and New York train injury lawyer to represent you, since railroad employers often aggressively fight these types of claims.

Asbestos Related Diseases

It is similarly important to find experienced doctors and New York railroad injury attorneys if you’ve suffered asbestosis or mesothelioma after working on a railroad. These conditions are serious. Mesothelioma, a rare type of cancer that is almost exclusively caused by asbestos exposure, is often fatal.

The New York and New Jersey railroad accident lawyers of Hofmann & Schweitzer are committed to helping railroad workers who suffer occupational illnesses. Contact us today for more information about your rights.

Is Your Vessel Seaworthy?

Wed, 14 Jul 2010 08:00:00 EST

As a seaman you have the right to expect that the vessel furnished by your employer is safe. In maritime legal terms, seaworthiness is an important aspect of vessel safety.

It seems simple to say that a vessel should be seaworthy, but how do you know if your vessel is seaworthy? According to established maritime law, you should consider:

Whether the vessel is able to make its particular voyage safely. The concept of seaworthiness is very much dependent on the specific facts of the situation. A vessel that is seaworthy in the Gulf of Mexico may not be seaworthy off of the coast of Alaska, for example. Other considerations, such as cargo and the length of the voyage, are also important in determining whether a vessel is seaworthy;
Whether the equipment on the vessel was safe and functioning, and
Whether the training, skill, and health of the crew members is appropriate for the voyage.

Your employer has an obligation to provide you with a seaworthy vessel upon which to do your job. In other words the vessel must be fit for the normal perils of the sea and be reasonably safe. If your employer failed to provide you with a vessel that meets that standard and you’ve been hurt, then you may be entitled to damages. Contact a New Jersey or New York maritime attorney today for more information.

The New York and New Jersey maritime lawyers of Hoffman & Schweitzer represent seamen who have been hurt on unseaworthy vessels

Five Tips for Successful FELA Claims

Sat, 10 Jul 2010 08:00:00 EST

If you are a railroad worker who has been injured on the job then you have likely learned two things very quickly. First, FELA, the law governing your potential recovery, is complicated. Second, your employer is not very excited about helping you with your recovery. That means that you may have to fight hard for your recovery. It is important to know that the potential damages for injured railroad workers can be significant and are often worth fighting for.

In order to be successful in your FELA case, we recommend:

Calling Hofmann & Schweitzer: The advice and legal representation of experienced New York and New Jersey train accident lawyers can make a significant difference in your recovery.
Keeping careful documentation of your injuries: You have the right to see your own doctor and to obtain copies of all your medical records. It is important to understand your injuries and how they may affect your future.
Keep track of all of your expenses: Out-of-pocket expenses can quickly add up after a train accident, and they may be reimbursable.
Filling out your injury report completely: Include every detail about your accident, even if some of those details are not favorable to you.
Determining whether anyone witnessed your accident: Witnesses can be valuable in proving your claim and helping you get the compensation you deserve.

Call the experienced New Jersey and New York railroad injury attorneys of Hofmann & Schweitzer at 1-800-362-9329 for more information.

3 Reasons to Pursue Inadequate Security Claims

Mon, 28 Jun 2010 08:00:00 EST

The time following a physical attack or sexual assault is often physically painful and emotionally traumatic. You may incur medical bills and time lost from work, and the person who attacked you may be unable to reimburse you for your injuries.

The person who attacked you may not be the only one liable for your injuries, however. You should consider contacting a New Jersey or New York premises liability lawyer to discuss filing a lawsuit against the owner or manager of a property. An inadequate-security lawsuit against a property owner or manager may:

Provide you with the money that you need to recover from your physical and emotional injuries.
Force the property owner or manager to fix the security problems that led to your injury and to take security issues more seriously in the future.
Warn other property owners and managers to fix potential security problems.

You have the ability to prevent others from suffering the same physical and emotional injuries that you have suffered while at the same time recovering damages for your own injuries. Call the New York and New Jersey premises liability attorneys of Hofmann & Schweitzer today at 1-800-362-9329 to discuss your potential recovery.

What to do After a Subway Accident

Sun, 27 Jun 2010 08:00:00 EST

A New York City subway accident can interfere with your work day, your sightseeing, or your evening plans. It can also cause you significant physical pain and emotional suffering. If you have been hurt in a subway accident, New York City lawyers advise you to:

Report the Accident to Transit Police: The Transit Police can help you identify exactly where you are and they will document the incident
Take Pictures of Defects at the Accident Scene: The camera on your cell phone works well for this purpose. Take pictures of any defect or hazard you see that may have contributed to your injuries
Take Note of Names & Phone Numbers of Witnesses: The good thing, if there is one, about being hurt on a New York City subway is that you are probably not alone. There were likely witnesses to your accident. Request their names and phone numbers so that you can get in touch with them in the future
Call Hofmann & Schweitzer for legal advice.

The experienced New York subway accident lawyers of Hofmann & Schweitzer will help you take the necessary steps to recover any damages to which you may be entitled for your injuries. Call us today at 1-800-362-9329 for a free consultation.

How to Collect Damages for Construction Motor Vehicle Accidents

Thu, 24 Jun 2010 08:00:00 EST

If you have been hurt or lost a loved one in a New Jersey or New York construction accident then you may be entitled to damages for your physical pain, financial loss, and grief.

Construction sites are dangerous places, particularly when there are moving vehicles. The impact of an accident involving an excavator, a forklift, a crane, a truck, or any other type of motor vehicle can be devastating.

The law allows injured construction workers or the families of those killed in construction accidents to recover damages for their losses. With the help of a New York or New Jersey construction-accident attorney, workers who have been hurt in construction accidents may recover damages that include compensation for past, current, and future:

Medical bills
Rehabilitation costs
Out-of-pocket expenses, including funeral costs, if applicable
Lost income
Pain and suffering

It is a construction employer’s legal responsibility to ensure construction-site safety. If your employer’s failure to comply with industry safety regulations or guidelines resulted in an injury or fatality then your employer may be liable for the damages described above.

Contact a New Jersey or New York construction injury lawyer to learn more about your potential recovery after a construction accident.

Who is Liable for a Construction Injury Caused by Defective Equipment?

Tue, 22 Jun 2010 08:00:00 EST

When your employer fails to provide you with the necessary construction-safety equipment or allows a coworker to do something that is unsafe and which results in an injury, then a New York or New Jersey construction-accident lawyer can easily identify the potential defendants in your construction-accident case. But what happens when your injury was caused by a defective product? In such a case, your New Jersey or New York construction injury lawyer must take additional steps to determine who is legally responsible for your injuries.

Identifying Potentially Liable Parties

Construction equipment can become defective for any number of reasons. Your construction accident attorney will consider:

Whether the equipment was properly designed
Whether the equipment was properly manufactured according to the design
Whether proper warnings were provided to the purchasers and users of the equipment
Whether the equipment was properly maintained
Whether the equipment was repaired, and if so, whether it was repaired correctly

The answers to these questions can provide important information about who was responsible for a workplace accident caused by a defective product.

If you’ve been injured—or if your loved one has been killed—by a piece of defective construction equipment, New Jersey or New York construction attorneys can help you identify the potentially liable parties and pursue the damages to which you are entitled. Call the construction injury lawyers of Hofmann & Schweitzer at 1-800-362-9329 today for more information.

Gulf Coast Commercial Fisherman: Does the Oil Pollution Act Protect You?

Tue, 15 Jun 2010 08:00:00 EST

Gulf Coast commercial fishermen have been in a precarious position since the April 20, 2010 BP Deepwater Horizon explosion. As unprecedented amounts of oil seep into the Gulf waters their very livelihood is threatened, and they have no control over the spill response, the oil cleanup, or the effect of the oil on the marine life.

Alaskan commercial fishermen faced a similar problem after the Exxon Valdez disaster of 1989. Many never recovered.

Current maritime law, however, provides legal options for compensation to Gulf Coast commercial fishermen-options that were unavailable to Alaskan fishermen in 1989. In response to the Exxon Valdez oil spill, the Oil Pollution Act of 1990 was passed. The Oil Pollution Act protects people, such as commercial fishermen, who have suffered business interruptions due to oil spills but whose physical property was not damaged. Commercial fishermen and others in similar situations can now make financial claims against the party responsible for the oil spill, either by filing a claim with the Oil Spill Liability Trust Fund or by suing the responsible party in federal court.

The New Jersey and New York maritime lawyers of Hofmann & Schweitzer are committed to helping commercial fishermen recover from the Gulf Coast oil spill Please contact one of our New York or New Jersey commercial fishing attorneys today for a free consultation about your case.

Symptoms of Common Construction-Related Diseases

Thu, 10 Jun 2010 08:00:00 EST

Construction diseases are a very real threat to construction workers, even decades after their work ends. Thus it is important for construction workers to be aware of the following diseases and their symptoms.

Asbestosis and Mesothelioma
Asbestos, a fiber often used in construction insulation, can lead to asbestosis or mesothelioma. Some common asbestosis and mesothelioma symptoms include:

Shortness of breath
Coughing
Chest pain

Lead Poisoning
Steel workers, bridge workers, and others who work with lead-based products should be aware of the following symptoms of lead poisoning:

Loss of appetite, nausea, vomiting
Fatigue and difficulty sleeping
Headaches and muscle aches
Neurological symptoms such as wrist or foot drops, unexplained tremors, convulsions, or seizures

Silicosis
Like exposure to other toxins such as asbestos and lead, the early stages of silicosis, the disease caused by silica exposure, are often unnoticed. As the disease progresses, a worker may notice:

shortness of breath when exercising
recurrent fevers
signs of oxygen deprivation (for example, blue lips)
chest pains.

Any of these diseases can result in death. Construction employers are required by law to take appropriate steps to protect workers from occupational diseases. If you have developed one of the diseases described above, or if you have lost a loved one to one of these illnesses, please contact a New Jersey or New York construction accident lawyer at Hofmann & Schweitzer to discuss your case.

Why Knowing About Accident Prevention is Important to Your Scaffolding Accident Recovery

Thu, 10 Jun 2010 08:00:00 EST

It might seem like a purely academic exercise to learn how your scaffolding accident could have been prevented after you have already suffered injuries, but learning how your accident might have been prevented could be important to your recovery. New York and New Jersey construction accident lawyers understand how knowing the legal requirements for prevention can help determine the cause of your scaffolding accident, and how that can be important to the determination of your damage award.

Common Scaffolding Accidents Can be Prevented
Many scaffolding accidents can be prevented by:

Use of proper fall-arrest systems
Use of guardrails
Respecting weight limits of scaffolding and not loading too much equipment or too many people onto the platform
Providing a net or canopy to catch things that fall from the scaffold
Barricading off an area under the scaffold
Completing regular safety checks to make sure that the scaffold meets all of OSHA's safety requirements

Collecting Damages for Scaffolding Accidents
If you've been hurt in a New Jersey or New York scaffolding accident then you may be entitled to damages. Damages can include compensation for medical expenses, lost income, and pain and suffering. Contact the experienced New Jersey and New York construction accident attorneys of Hofmann & Schweitzer to discuss the specifics of your case and your potential recovery if you've been hurt in a scaffolding accident.

What Construction Workers Should Know About Emergency Action Plans

Fri, 04 Jun 2010 08:00:00 EST

Before an emergency plan can be created for a construction site, the construction company must determine which emergencies must be planned for. In New Jersey and New York, construction lawyers and state and federal government agencies recommend that construction employers plan for the following types of emergencies:

An injured construction worker
A fire or explosion
A flood
Loss of electrical power
A terrorist threat
A gasoline or other dangerous spill
A sudden and extreme weather scenario, such as a tornado or severe thunderstorm

Other factors specifically required by OSHA for specific types of construction sites
If your employer did not have an emergency action plan and one was legally required, or if an injury resulted from your employer’s failure to comply with its own plan, then you may be able to recover damages for your injuries. Of course, even if such a plan existed and you were hurt due to negligence on the job site you should consult a NY or NJ construction-accident attorney to discuss your rights.

The New Jersey and New York construction accident attorneys of Hofmann & Schweitzer will help you investigate whether your employer had an emergency plan, whether the plan was followed, and whether you are entitled to damages for injuries incurred on a construction site. Call today at 1-800-362-9329 for a free, confidential consultation.

The Truth About Commercial Fishing

Fri, 04 Jun 2010 08:00:00 EST

Commercial fishing is one of the deadliest occupations in the United States, with a fatality rate twenty-eight times that of the typical American workermost professions. In order to make commercial fishing safer, and to understand the inherent dangers of the industry, it is important to understand why these fatalities are occurring.

According to the CDC, the most common reasons for commercial fishing fatalities are:

Lost Vessels. More than half of the fatalities reported among commercial fishermen were becausedue to boats that went missing and presumably sunksank, causing the deaths of all on board.
Falling Overboard. Approximately 29% percent of commercial fishing fatalities are caused by a fishermen falling overboard. The cold and often rough waters off the coasts of New York and New Jersey provide only a limited time for survival and rescue. Falls overboard are often caused by slip -and -fall accidents, mispoor communication among the crew, or a problems with the equipment on the boat.
Deck Injuries. The often wet and slippery conditions of the deck make it a dangerous place for commercial fishermen. For example, a seaman may slip, fall and hit his head in a way that causes a traumatic brain injury or death. About 8% percent of commercial fishing fatalities occur because ofare caused by deck injuries.
Diving. Diving in the cold, dark waters of the Northeast requires special equipment and skill. When the equipment malfunctions, or when the crew does not act with due care, serious injuries and fatalities can result. Diving accidents cause 5% percent of commercial fishing fatalities are caused by diving accidents.
Fires and Explosions. Commercial fishing boats require a lot of fuel, and they carry a lot of electrical equipment. When something goes wrong, fires can become fierce andgrow out of control. It can be difficult to get into a lifeboat in a safe amount of timequickly enough. Accordingly, about 5% percent of commercial fishing fatalities are caused by fires and explosions.

If you’ve lost a loved one in a commercial fishing accident, New Jersey and New York maritime lawyers may be able to help you. Call 1-800-3-MAY-DAY for a consultation today.

What to do If You're Hurt in a Commuter Train Accident

Fri, 04 Jun 2010 08:00:00 EST

When you board a commuter train, you have no control over what happens next. You hope to get to work or back home safely, but you do not know who is driving your train or whether there are any mechanical problems that can interfere with your safe ride. While most of the time you arrive at your destination safely, the one time that you do not can change your life.

In the event that you are involved in a New York or New Jersey commuter train accident, you need to know what to do next. First, seek prompt medical attention for any injures that you have suffered. Do not refuse the help of first-responders if you are in any pain, and follow up with your own doctor as soon as possible for a full examination. Next, talk to your fellow passengers. Did anyone notice anything out of place before, during, or after the accident? Do you know why the accident happened?

Finally, call the experienced commuter-railroad accident lawyers of Hofmann & Schweitzer at 1-800-362-9329. Our lawyers know how to investigate train accidents, and how to help people who have been hurt in them. New York and New Jersey railroads know that we will fight for fair and just compensation for you if you are hurt in a New Jersey or New York commuter train accident. Let us help you recover the damages that you deserve.

Gulf of Mexico Oil Spill

Thu, 03 Jun 2010 08:00:00 EST

Injuries, Deaths, Pollution Resulting from Gulf of Mexico Oil Spill from the Deepwater Horizon explosion and sinking.

My first thought when watching them pour millions of gallons of water on the burning oil rig was “what are they doing - they are going to sink that ship and cause the biggest pollution mess ever when that pipe breaks”.

Well, that’s just what happened. The biggest oil spill in U.S. history from a vessel at sea has now occurred, and “they” don’t know how to fix it.

Under the International Safety Management Code (ISM Code) a vessel operator is supposed to have in place a contingency plan to deal with emergencies. Obviously, Transocean, BP, Halliburton and Cameron didn’t. As a result, 11 men have suffered wrongful death, scores more have been injury, and the shores of the Gulf, and maybe the Atlantic Ocean east coast are threatened with major environmental disaster.

I currently am part of a legal advisory group studying the legal ramifications of the applicable laws that are designed to help victims of this disaster, including the Jones Act, the Death on the High Seas Act, the Oil Pollution Act (“OPA”) (and its related Oil Spill Liability Trust Fund) and the general maritime law. Our advice may lead to significant changes to the Limitation of Shipowner’s Liability Act and the Death on the High Seas Act, so that fair compensation from all responsible parties to such a disaster is obtained.

We are representing numerous fishermen and shrimp boat operators (shrimpers) in their economic loss claims resulting from this explosion. We invite others who need representation to contact us for a free consultation about your rights.

Paul T. Hofmann

Hofmann & Schweitzer

360 W. 31st St. 1130 Route 202 South, A7

New York, NY 10001 Raritan, New Jersey 08869

212-465-8840 908-393-5662

paulhofmann@hofmannlawfirm.com

www.hofmannlawfirm.com

Lifeboat Accidents

Thu, 03 Jun 2010 08:00:00 EST

Lifeboat accidents are much too common on cruise ships today and can be prevented by cruise line management taking simple preventive measures. We are pleased to learn that DNV approved a Class "S" Simulator as a training tool for crewmembers. Hofmann & Schweitzer have aggressively fought against cruise line operators who operate in a unsafe manner. Our office represents both crewmembers and passengers in life boat accidents.

For further information regarding your rights in life boat accidents click on the following link:
www.hofmannlawfirm.com.

Carnival to Review Safety on its 10 Cruise Lines After Italy Accident

Wed, 01 Feb 2012 08:00:00 EST

Carnival Corporation, the parent company of Costa Cruises and nine other cruise lines, has announced that it will complete a full review of its safety and emergency response procedures after the fatal Costa Concordia accident that occurred off the coast of Italy last month.
While Carnival continues to express confidence in the safety of its ships and the skill of its crew, this evaluation is designed to make sure that policies and procedures are in place to avoid this type of accident from happening again in the future.

About the Carnival Corporation
Carnival Corporation is one of the largest cruise companies is the world. It operates 10 cruise lines and 100 cruise ships. In North America, Carnival Corp. operates Carnival Cruise Lines, Princess Cruises, Seabourn and the Holland America Line, all of which will be subject to this safety audit by the parent company.

About Carnival’s Safety Audit
Carnival Corp’s senior vice president of Maritime Policy & Compliance, US Navy Captain James Hunn, will be leading the audit. Some of the safety policies and procedures being reviewed include employee training, bridge management and response and support efforts. As part of its comprehensive safety review, Carnival will also be using outside experts to review Carnival emergency response and safety procedures. The outside experts will also take a specific look at the Costa Concordia accident.

Other safety reviews from outside the Carnival organization may also be forthcoming.

Our New York maritime accident lawyers express our condolences to those who lost loved ones in the Costa Concordia accident and our best wishes to those who were injured. We sincerely hope that Carnival’s safety audit results in safer cruising for crewmembers and passengers.

New Jersey Commercial Fisherman Dies After the Mandy Ness Capsizes

Wed, 25 Jan 2012 08:00:00 EST

The 44-foot commercial fishing vessel, Mandy Ness, capsized off the coast of New Jersey on Tuesday, January 10, 2012.

According to the U.S. Coast Guard, the agency was alerted to the accident around 11:15 p.m. via emergency beacon. The Coast Guard deployed a helicopter and rescue boat and sent out an urgent maritime bulletin to boaters in the area.

The commercial fishing vessel, Francis Anne, was the first to arrive at the scene. The crew of the Francis Anne was able to rescue a crewmember of the Mandy Ness. Coast Guard rescuers dove into the cold waters to attempt to find the second crewmember. The second crewmember was found unresponsive in the capsized vessel. That crewmember was flown to the Atlantic City air station and taken by ambulance to AtlantiCare Regional Medical Center where he was declared dead. His identity has not been released pending notification of his family.

The cause of this fatal New Jersey commercial fishing accident remains under investigation by the Coast Guard.

Our New Jersey maritime accident lawyers extend our sincere condolences to the family of the deceased crewmember, and we extend our wishes for a fast and complete recovery to the crewmember who was rescued from this maritime accident.

Freight Boat and Lobster Boat Collide Off Massachusetts Coast

Tue, 24 Jan 2012 08:00:00 EST

A freight boat and a lobster boat collided off the coast of Martha’s Vineyard last month. According to the Steamship Authority, the Katama, a freight boat, stopped and started to go astern when it was hit by Mirage, a 36 foot commercial lobster boat. The accident happened around 3:45 p.m. on December 21, 2011, approximately 1.5 miles north of Martha’s Vineyard.

At the time of the crash, the Katama was on its way to Woods Hole. The crew of the Katama reports seeing a lobster boat approaching at a high speed. The lobster boat was approaching on the Katama’s starboard side. The Katama reportedly slowed down and eventually stopped to try and let the lobster boat pass in front of it. The Katama also is reported to have sounded its distress signal; however, the lobster boat still collided with the Katama.

There was not significant damage done to the Katama, and there were no injuries reported in this maritime accident off the coast of Massachusetts. The lobster boat reported minor damage and both vessels were able to safely moor in Vineyard Haven Harbor.

The crew of the Katama was tested for drugs and alcohol, as is standard in this type of situation, and all tests came back negative. The cause of this New England maritime accident remains under investigation by the United States Coast Guard.

New Jersey Train Collides with Car Just Before Christmas

Tue, 17 Jan 2012 08:00:00 EST

Just days before the Christmas holiday, a train collided with a car in Jersey City. According to New Jersey Transit (NJ Transit), a Hudson – Bergen Light Rail train hit a car and derailed around 3 a.m. on Friday December 23, 2011. The accident happened on 6^th Street in Jersey City, New Jersey.
There were no passengers on board the light rail train at the time of the collision. The driver of the car had to be extricated from the vehicle and is believed to have suffered non-fatal injuries in this New Jersey train accident. It is unclear whether any NJ Transit workers were injured.
Friday morning commuters faced delays as the car involved in the crash had to be removed from between the train and the utility pool, the derailed train had to be moved, and the New Jersey railroad accident had to be investigated. After those things happened, the tracks had to be inspected before railway traffic could resume. Buses helped with the traffic delays, and the PATH was honoring NJ Transit tickets.
Our New Jersey FELA attorneys extend our best wishes to everyone injured in this crash and hope that they have both a full and fast recovery from their New Jersey train accident injuries.

The Coast Guard reported today that the Fishing Vessel Mandy Ness capsized last night.

Wed, 11 Jan 2012 08:00:00 EST

The Coast Guard reported today that the Fishing Vessel Mandy Ness capsized last night. It had departed from the Lighthouse Marina, Barnegat Light, New Jersey. The Coast Guard also stated that one person died and one was rescued from a capsized vessel about 10 nautical miles east of Barnegat Light late Tuesday night.
Before the Coast Guard arrived at the scene, another fishing vessel, the Frances Anne, that sails from Barnegat Light, heard the broadcast and found the Mandy Ness. The crew aboard the Frances Anne was able to rescue one of the two people aboard the Mandy according to the Coast Guard.
When the Coast Guard Dolphin Crew arrived, a rescue swimmer dove in and heard tapping from under the capsized vessel, the Coast Guard said. The swimmer pulled out an unresponsive person, who was given CPR and transported by medevac helicopter to an air station, transferred to medical personnel and transported to AtlantiCare Regional Medical Center Mainland Campus in the Pomona section of Galloway Township. The Coast Guard said that the coroner at the hospital pronounced the person dead on arrival.
The Coast Guard does not yet know why the vessel capsized, but is doing an investigation, including a fly-over to view debris.
Our sincere sympathy goes out to the families of both crew members. We all know that commercial fishing is one of the most dangerous occupations. I have investigated many disasters unfortunately and it does not appear that over the years that safety is taken seriously in the industry.

New York City Elevator Accident Kills Female Advertising Executive

Tue, 10 Jan 2012 08:00:00 EST

An elevator accident took the life of a 41-year-old New York City executive last month. Suzanne Hart, who worked as Director for New Business and Content for the renowned advertising firm Y&R, was getting on to the elevator in her office building at 285 Madison Avenue on December 14, 2011.

As Ms. Hart was getting on to the elevator around 10 a.m., the elevator reportedly started to go up before the doors closed. Ms. Hart was allegedly caught between the elevator and the wall before the elevator reached the second floor. She died at the scene of this New York City accident.

Two other people were trapped in the elevator and reportedly suffered minor injuries.

The elevator at 285 Madison, a building built in 1926, was last inspected in June 2011 and no safety violations were found. Y&R had announced plans to relocate its offices shortly before this accident. Other tenants of the building also have plans to move.

Ms. Hart is survived by her parents, her boyfriend, relatives, numerous friends and colleagues. Our New York premises liability attorneys express our profound condolences to all of them following this horrible tragedy.

In 2010, three people died in New York City elevator accidents.

Subcontractor Dies at New Jersey Residential Construction Site

Sun, 01 Jan 2012 08:00:00 EST

On Saturday, December 4, 2011, the residential construction site located at 1307 84^th Street in North Bergen, New Jersey was active. The house was reportedly being renovated. On the morning of December 4, a truck with a trash container attached by cable was on site. A worker was driving the truck and the trash bin was reportedly filled with debris from the construction site when the cable holding the trash bin snapped and broke through the back windshield shortly before noon.

The detached cable hit the truck driver in the back of the head and was said to have caused major trauma that led to his death at the scene of the construction site. The worker has been identified as 33-year-old Cesar Ordon, of West New York.

A supervisor for Champion Construction and Demolition, Inc. has said that Mr. Ordon was working as a subcontractor on this job. Mr. Ordon’s family as well as appropriate state and federal officials were notified of the tragic accident. OSHA is currently investigating this fatal New Jersey construction accident.

Our New Jersey construction accident lawyers extend our sincere condolences to the family and friends of Cesar Ordon following his untimely death.

New Jersey Commercial Fishing Vessel Voyage Terminated Twice in One Month

Wed, 21 Dec 2011 08:00:00 EST

The commercial fishing vessel Jaime Mae had its voyage terminated twice last month by the United States Coast Guard.

Vessel Safety Violations Found on November 3, 2011

The first termination occurred on Thursday, November 3, 2011 approximately 32 miles south of Sandy Hook, New Jersey. The U.S. Coast Guard Cutter Sailfish, from Sandy Hook, New Jersey, found multiple violations including:

Only 3 working fire extinguishers.
An expired electronic position indicating radio beacon (EPIRB).
Corrosion that lead to water leaking in through the shaft seal, deck and hull.

The Jaime Mae returned to port, allegedly fixed the safety violations and set forth on another voyage.

Further Vessel Safety Violations Found on November 22, 2011

The second termination occurred within three weeks of the previous termination. On Tuesday, November 22, 2011, the Coast Guard Cutter Tybee, from Woods Hole, Massachusetts, inspected the Jaime Mae approximately 13 miles east of Long Branch, New Jersey and found inadequate safety gear aboard the vessel. The boat was escorted back to port because the reported violations of federal commercial fishing safety laws could not be immediately corrected.

The Jaime Mae is a 78 foot commercial fishing boat with a homeport of Point Pleasant, New Jersey.

New York Railroad Construction Worker Dies in Tunnel Below Park Ave

Sun, 18 Dec 2011 08:00:00 EST

During the evening of Thursday November 17, 2011, 26-year-old Michael O’Brien was working on a commuter rail tunnel below Park Avenue in New York City when a piece of concrete fell on him and took his life. His death is being called the first death of a Metropolitan Transportation Authority (MTA) construction worker in recent memory.

The local transportation and federal safety officials continue to investigate the cause of Mr. O’Brien’s death. However, preliminary reports indicate that the concrete had been sprayed onto the ceiling with a pressure hose shortly before the fatal construction accident.

The contractor which employed Mr. O’Brien has been identified as Dragados. It has been reported that the company has flown Mr. O’Brien’s body back to his family in Wisconsin for burial and is paying for Mr. O’Brien’s funeral expenses and for the grief counseling of his surviving coworkers.

Mr. O’Brien had worked on the job for approximately three weeks before his death. His father, another MTA construction worker, was with him in the underground tunnel when he died. Mr. O’Brien is survived by his parents, siblings, relatives and friends. Our New York railroad construction accident lawyers express our sincere condolences to all of them following this tragic loss.

LOOPHOLE FOR 'INDEPENDENT CONTRACTORS' BEING CLOSED

Thu, 15 Dec 2011 08:00:00 EST

LOOPHOLE FOR ‘INDEPENDENT CONTRACTORS’ BEING CLOSED

Many employers, in order to avoid paying payroll taxes (Federal and State Income, Social Security, Medicare) and insurance requirements (unemployment, disability) will hire a worker and classify him/her as an ‘independent contractor’. This takes jobs away from legitimate employees, in particular, union workers (such as carpenters, dockbuilders, engineers, etc.). As many as 15% of all construction jobs are mis-described in this way, and some 50,000 construction workers are mis-classified in this way or work ‘off the books’, causing legitimate workers and employers to pay more than their fair share of taxes and benefits to support those others. New York is doing something about that. The New York State Construction Industry Fair Play Act went into effect on September 26, 2010 which imposes strict requirements before a construction worker can be designated as an independent contractor, and imposing hefty fines and other penalties for employers avoiding their social obligations.

1700 New York City Students Taught About Elevator Escalator Safety

Tue, 13 Dec 2011 08:00:00 EST

Last month, the New York City Department of Buildings participated in National Elevator Escalator Safety Awareness Week. According to the Department of Buildings, New York City operates 62,000 elevators and escalators.

This year the Department of Buildings visited with approximately 1,700 children in first through third grades across the five boroughs of New York City to teach them what to do in an elevator or escalator emergency.

Ring, Relax and Wait

That is the slogan the City is urging children to remember if they have a problem on an elevator or escalator. Specifically, the City wants children to ring the emergency bell and wait for help. Additionally, children are being taught to:

Step carefully on and off escalators and elevators.
Ride forward facing and holding on to rails while on escalators.
Keep loose clothing away from escalator sides and elevator doors.
Make sure the elevator is flush with the floor before boarding.
Never pry open closed elevator doors.

This is the 8^th annual National Elevator Escalator Safety Awareness Week organized by the Elevator Escalator Safety Foundation. A malfunctioning elevator or escalator may be a premises liability issue. Our New York slip and fall lawyers extend our best wishes for a full and fast recovery to anyone hurt in a New York elevator or escalator accident this year.

A Building Collapses in Brooklyn Killing a Construction Worker

Sat, 10 Dec 2011 08:00:00 EST

On Tuesday, November 8, 2011 a condominium building collapsed at 2929 Brighton Fifth Street in Brighton Beach, Brooklyn. The building, which was under construction, came down shortly before 2:30 p.m. Neighbors report hearing the crash of the building several blocks away.

The New York Fire Department responded to this New York City construction accident and attempted to rescue five construction workers struck in the rubble. One construction worker declined treatment, three workers were taken to Lutheran Medical Center in stable condition, and one worker died from his injuries.

According to Robert LiMandri, Commissioner of the Buildings Department, an improper practice was being used to pour the concrete for the building. Workers started pouring concrete from the top floors and worked down instead of working from the bottom up, which is generally considered to be safer. Commissioner LiMandri believes that the way the concrete was poured was a “major contributor to this collapse.” There has been no comment from the contractor, S P & K Construction.

A stop work order has been issued at this construction site.

Our New York construction accident lawyers express our sincere condolences to the family and friends of the construction worker who died, and we express our best wishes for a fast and complete recovery to everyone who was injured.

NJ Transit Train Collides with Car and Claims a Life

Thu, 01 Dec 2011 08:00:00 EST

82-year-old Gilda Diguilma, of Wall, New Jersey, was killed in a railroad accident in Belmar, New Jersey last month. The crash occurred around 11:15 a.m. on Sunday November 13, 2011 at the 8^th Avenue rail crossing.

According to reports of the accident, Ms. Diguilma’s car and a southbound NJ Transit commuter train collided. Ms. Diguilma was the only person in her vehicle, and she was declared dead at the scene of the accident.

NJ Transit reports that no one on board the train was injured in the collision. The train has been identified as Number 4729 on NJ Transit’s North Jersey Coast Line. It was headed for Bay Town, and passengers were put on buses for the remainder of their journey.

The cause of this fatal New Jersey train accident is currently unknown and remains under investigation by NJ Transit. In the early hours of the investigation, NJ Transit refused to speculate on why or how Ms. Diguilma’s vehicle ended up in the path of the train. A stretch of the road near the railroad crossing was closed down for a thorough investigation.

Our New Jersey train accident lawyers express our sincere condolences to the family and friends of Gilda Diguilma following this tragic accident.

Construction Injury involving Elevation difference, in conjunction with the weight of the object and lack of equipment, created sufficient elevation-related risk to trigger scaffold law liability.

Tue, 29 Nov 2011 08:00:00 EST

Harrison v. State of New York, 88 A.D.3d 951 (2d Dept. 2011). Plaintiff carpenter and co-workers lowering by hand a 150-200 pound generator from edge of wall along pier unto a tugboat. The generator fell forward onto plaintiff, causing him to strain and injure his back. No devices were supplied to move the generator, although requested. The distance from the top of the wall to the deck below where the load was being lowered was five and one-half or six foot elevation difference. This elevation difference, in conjunction with the weight of the object and lack of equipment, created sufficient elevation-related risk to trigger scaffold law liability.

Paul T. Hofmann

Hofmann & Schweitzer

360 W. 31st St. 1130 Route 202 South, A7

New York, NY 10001 Raritan, NJ 08869

212-465-8840 908-393-5662

paulhofmann@hofmannlawfirm.com

www.hofmannlawfirm.com

Construction Accident Claims Life of New York City Man

Sat, 19 Nov 2011 08:00:00 EST

A New York City construction worker was killed while working on a Bronx construction site last month. This fatal construction accident occurred on Saturday, October 30 while a crew was doing demolition work on a commercial site.

According to the New York Police Department, 51-year-old Muhamed Kebbeth of Story Avenue in the Bronx was trapped in a two-story commercial building when about a dozen pillars in the basement gave way and the building collapsed. Firefighters from the New York Fire Department dug Mr. Kebbeth out from the rubble of bricks and debris. Using just their hands, the firefighters were able to free Mr. Kebbeth from the six feet of debris in about 10 minutes. Approximately 50 firefighters responded to the accident call.

People in a carpet store nearby heard the collapse and called 911 for help. Two other New York construction workers were also involved in this accident, but they reportedly escaped unharmed. Their names have not yet been reported by the media. Neither has the media identified the owner of the construction site where the accident occurred.

We extend our sincere condolences to the family and friends of Mr. Muhamed Kebbeth following this tragic New York City construction accident.

Guilty Plea Entered in 2008 New York Fatal Crane Collapse Case

Mon, 14 Nov 2011 08:00:00 EST

Tibor Varganyi, a former employee of New York Crane and Equipment Corporation, has pleaded guilty to criminally negligent homicide and agreed to testify against his former boss in relation to the fatal crane accident on the Upper East Side several years ago.

Mr. Varganyi is said to have admitted to the court that he was asked by his boss, James Lomma, to have the turntables in some of the cranes repaired. Mr. Varganyi allegedly turned down the offers of two U.S. companies to do the work because Mr. Lomma was reportedly concerned about how long the work would take to finish. Instead, a Chinese company that may have lacked the ability to do the work safely was hired. Mr. Varganyi admitted that no safety testing was done to verify the work of the Chinese company after it was completed.

The weld on the crane cracked after the work was done causing the crane to fall on May 30, 2008 and kill two construction workers, Donald Leo and Ramadan Kurtaj.

Mr. Lomma and his companies still face various charges with relation to the deaths of Mr. Leo and Mr. Kurtaj including second degree manslaughter and reckless endangerment. The trial could start as soon as this month.

Quick Reaction to Fire May Have Saved Lives on Commercial Fishing Boat

Sun, 13 Nov 2011 08:00:00 EST

A commercial fishing boat caught fire about 20 nautical miles southeast of Gloucester, Massachusetts on Sunday, October 23, 2011. The 50 foot vessel known as Elizabeth Ann with a home port of Portsmouth, New Hampshire reportedly had smoke coming from the engine room while out at sea.

The fire extinguishers onboard the Elizabeth Ann were reportedly in the wheelhouse above the engine room. Elizabeth Ann crewmembers issued a mayday call around 9 a.m. Two off duty Coast Guardsmen were fishing for blue fin tuna approximately one half mile from the Elizabeth Ann and heard the mayday call. They were able to respond in time to provide two fire extinguishers to the crew of the Elizabeth Ann. The crew was then able to put out the fire. On duty Coast Guardsmen reportedly got to the scene shortly after and provided additional fire extinguishers to the crew.

Approximately one hour after the mayday call the fire was out onboard the Elizabeth Ann and the Coast Guard was able to tow the vessel back to Gloucester. The identities of the Elizabeth Ann crewmembers have not yet been released to the media. However, no injuries were reported after this East Coast commercial fishing accident.

New Jersey Construction Workers Injured in Roof Collapse

Tue, 08 Nov 2011 08:00:00 EST

Five New Jersey construction workers were injured in an Ocean County construction accident last month. The workers were building a Quick Chek convenience store in Berkeley Township when the roof gave way. At least one worker was pinned under the lumber. The accident occurred around 9:30 a.m. on the morning of October 19, 2011, when the weather was rainy and high winds were reported.

According to a spokesperson for the federal Occupational Safety and Health Administration (OSHA), the roof trusses gave way causing the collapse. High winds may have been a factor in the accident. Reports indicate that J.G. Petrucci Co. Inc. was building the Quick Chek store and that the company had contracted with CCS, Incorporated for the roof trusses.

This New Jersey construction site has been shut down until further notice. However, reports indicate that the store is still scheduled to open sometime early next year.

The workers' injuries are said to range from broken bones to chest pains. All five of the injured workers were taken to area hospitals for treatment of non-life threatening injuries.

We extend our best wishes to the construction workers injured in this accident, and we hope that they have quick and complete recoveries from their New Jersey construction accident injuries.

New York Construction Worker Dies in Manhattan Church

Tue, 01 Nov 2011 08:00:00 EST

A 33-year-old construction worker fell to his death in a Manhattan church last month. Reports indicate that the construction worker was repairing the roof of St. Paul the Apostle Church at 13 West 60th Street on the morning of October 13, 2011.

At approximately 9:30 a.m. the man fell approximately 125 feet off of a ladder and landed in the aisle of the main part of the church. The church was mostly empty at the time. However, the Rockettes were practicing for the Radio City Christmas Spectacular in the basement of the church. They report hearing a big bang.

The investigation in to what caused the man to fall from the ladder is ongoing. According to New York Fire Department (FDNY) officials, there were reports of electrical issues and that remains a possible factor in this accident.

The pastor of the parish, Father Gilbert Martinez, said that this worker, whose name has not yet been released to the media, had been working on the church restoration for at least the past two years with a company called West New York. Father Martinez performed last rites on the body.

Our New York construction accident lawyers extend our sincere condolences to the family, friends, and coworkers of this construction worker following this fatal accident.

3 Teenagers Die in New Jersey Transit Train Accidents Within 24 Hours of Each Other

Mon, 24 Oct 2011 08:00:00 EST

Four teenagers were hit by New Jersey Transit trains within 24 hours of each other earlier this month. The first accident happened in Wayne, New Jersey on Sunday October 2, 2011. Three boys were hit on the tracks. Two of them died from their injuries, and the third was hospitalized with non-life threatening injuries. The two boys who died have been identified as 16-year-old Alan "AJ" Mendez and 17-year-old Nicholas Sabina.

On the following day, Monday October 3, 2011, a fourth boy was hit at the Plauderville train stop. He also died from his train accident injuries. That boy has been identified as 13-year-old Michael Cabaj. Michael was in seventh grade at Garfield Middle School and reportedly on his way home from cross country practice when the fatal accident occurred. It has been reported that Michael was on a scooter at the time of the crash.

NJ Transit reports that it will be meeting with the New Jersey Department of Transportation Commissioner to discuss additional safety features that can be put into place. Additionally, NJ Transit is implementing a program on train safety for students beginning in Kindergarten and continuing through high school.
We extend our sincerest condolences to the families of AJ Mendez, Nicholas Sabina and Michael Cabaj following their tragic New Jersey train accident deaths.

New York City Aims to Stop Elderly Falls

Thu, 20 Oct 2011 08:00:00 EST

New York City is trying to lower the number of elderly people who are hurt in New York fall accidents each year. According to recent information released by the New York City Department of Aging, 300 elderly New Yorkers die every year from fall injuries. Additionally, approximately 24,000 elderly New Yorkers end up in the emergency room because of fall injuries every year. That means that, on average, more than 66 elderly people in New York are seeking emergency room care or dying from fall injuries every single day of the year.

In an effort to eliminate the pain of the injured and the grief of those who survive the fall, the City is attempting different measures to lower the number of elderly falls. Fitness classes, for example, will be offered at New York City senior centers so that senior citizens can work on keeping their balance to avoid serious falls and resulting injuries.

The City is also recommending that the elderly visit their doctors to review medications and have their eyesight checked. Families and caretakers can help by removing trip and fall hazards such as poor lighting, clutter and unsecured rugs at home. Together the City hopes that fewer fall tragedies will strike in 2011 and beyond.

OSHA Fines New Jersey Construction Company for Safety Violations

Mon, 17 Oct 2011 08:00:00 EST

On Monday, September 26, 2011, Illescas Brothers Construction Inc. of Paterson, New Jersey was fined more than $65,000 by the U.S. Occupational Safety and Health Administration (OSHA) for safety violations that allegedly put construction workers in danger.

Specifically, OSHA found that Illescas Brothers Construction had at least a dozen safety violations related to masonry work on a Fort Lee home. When the agency visited the construction site on June 28, 2011, the alleged safety violations included improper scaffolding, failure to implement a respiratory protection plan, failure to protect workers from falling material, and inadequate fall protection. According to OSHA, Illescas Brothers Construction Inc. was cited for similar violations in 2007.

One OSHA employee is cited as accusing Illescas Brothers Construction of having, "[a] careless approach to worker safety and health..."

Six of the OSHA violations were labeled as serious. A serious violation is defined as hazard which the employer knew or should have known about that has a substantial probability of resulting in death or serious physical harm.

Illescas Brothers Construction Inc. has fifteen business days to respond to the OSHA investigation. To date, there have been no reports of New Jersey construction accidents or worker injuries as a result of the violations.

UNITED BROTHERHOOD OF CARPENTERS - DISARRAY OR REARRANGING?

Wed, 12 Oct 2011 08:00:00 EST

UNITED BROTHERHOOD OF CARPENTERS - DISARRAY OR REARRANGING?

New York City District Council of Carpenters union rank and file members staged a rally at union headquarters in Manhattan protesting proposed changes to wages and mobility rules, calling it a "Rally for Solidarity."

New rules are being put in place following the federal government imposing leadership on the various unions making up the District Council. From our viewpoint, the federal government has overblown the threats it alleges exist. True, ejecting the Forde administration was reasonable and necessary, but the current decimation to the District Council structure is overblown and unnecessary, such as forcing of the merger of the Dockbuilders and Timbermen.

Politically aspiring prosecutors are notorious for picking on unions for doing the petty things that corporations get away with without a second glance. Unions are an easy mark, and their members are too busy working their butts off supporting their families to be able to effectively say to the feds "enough"!

Here is what "Supervisor" Frank Spencer had to say:

I fully respect the concerns expressed by our membership. The leadership of the District Council has offered a strong proposal to amend its bylaws that expand democracy within the New York City operation and provide further financial transparency. We are working with the Review Officer and the U.S. Attorney's office to develop these bylaws and to ensure our membership has the opportunity to provide more into the operations of their union. I want to ensure our members that their concerns and opinions are being heard and that pertains to changes going forward in the out of work list as well.

Mr. Spencer was appointed by the U.S. Attorney as an "emergency supervisor" of the District Council in August 2009 following a series of federal investigations into wrongdoings and alleged wrongdoings of previous council leaders. Many union members believe that Mr. Spencer's work is part of a power play by the international UBC to consolidate power, and to control the New York District Council. Mr. Spencer, they note, also serves as a Vice President in the UBC under President Douglas McCarron.

New York City Construction Scaffolding Accident Injures 17

Fri, 07 Oct 2011 08:00:00 EST

A New York City construction accident injured 17 people on Tuesday, September 20, 2011. The accident involved scaffolding being used at a five story brick building located at 301 West 125th Street in Harlem. The injuries occurred when the scaffolding collapsed and fell on to a New York City bus below.

A preliminary investigation indicates that work was being done on an elevator shaft that caused bricks to dislocate, fall on to the scaffolding and knock it down. However, the cause of the accident remains under investigation and no final cause has yet been determined.

The New York City Buildings Department confirms that it had received a complaint about the demolition construction work being done at 301 West 125th Street and that the Department had investigated the complaint. The investigation included inspectors visiting the construction site where no violations were reported.

The 17 people injured included at least two police officers, who were assisting at the accident scene, and at least eight passengers on the city bus. While the full extent of their injuries has not been released, the injuries are described as non-life threatening.

We wish everyone involved in this New York scaffolding accident a full and fast recovery.

Thousands of Construction Projects on Hold in NYC Due to Economy - But the Market is Starting to Open Up

Thu, 06 Oct 2011 08:00:00 EST

Thousands of Construction Projects on Hold in NYC Due to Economy - But the Market is Starting to Open Up

The 2008 market crash left thousands of construction projects shutdown. Tthe New York City Department of Buildings even created a "Stalled Sites Unit" in 2009 to track them. The unit has performed more than 12,000 inspections at sites throughout the city, according to an article in ENR New York.

The good news is that many of the projects throughout the New York area are being reinvigorated. For instance, on 9th Avenue between 33rd and 31st Streets a large mixed used project is starting to go forward. Another is the $1 billion, 39-story 250 W. 55th St. commercial tower in midtown Manhattan that Boston Properties is building.

Also, in New Jersey, the Xanadu project in the Meadowlands and the Revel Casino in Atlantic City. This is good news for our friends in the construction trades.

Lightning Strike Kills One and Injures Two New Jersey Construction Workers

Sat, 01 Oct 2011 08:00:00 EST

One construction worker was killed, and two construction workers were injured while working on the Revel Casino site on Thursday, September 15, 2011. The three man construction crew was working on a fifth floor roof deck using concrete to fill in the space that had once held external elevators. The Revel Casino is a 53 level project set to open in May 2012 in the Inlet Section of Atlantic City, New Jersey.

At approximately 3:30 p.m., one of the workers had his hand on the cement pourer when lightning struck the basket of the machine. The worker, who has not yet been identified to the media, was unconscious when emergency workers arrived and was pronounced dead at the hospital.

The other two men were injured but were expected to be released from the hospital the same day that the accident occurred.

Revel Entertainment, local union groups and others have declined to comment on this fatal New Jersey construction accident.

Local law enforcement and the Occupational Safety and Health Administration (OSHA) are conducting investigations into the cause of death and injuries.

We express our sincere condolences to the family of the construction worker who was killed, and we extend our best wishes for a fast and complete recovery to the workers who were injured in this New Jersey construction accident.

SKANSKA INVOLVED IN TWO NEW M.T.A. CONSTRUCTION PROJECTS

Thu, 22 Sep 2011 08:00:00 EST

SKANSKA INVOLVED IN TWO NEW M.T.A. CONSTRUCTION PROJECTS

It is reported that Skanska and its joint venture partners recently were awarded two major transit construction contracts awarded by The Metropolitan Transportation Authority. A joint venture of Skanska USA and Traylor Bros. Inc. has reportedly won the bid to excavate the cavern that will house the Second Avenue Subway's 86th Street Station, while another Skanska joint venture, with Railworks Corp., was awarded the contract to furnish and install finishes and systems at the No. 7 Line subway extension from Times Square to West 25th Street along 11th Avenue in Manhattan.

multimillion-dollar racketeering lawsuit against two developers and a bankrupt construction manager

Thu, 22 Sep 2011 08:00:00 EST

The Metallic Lathers and Reinforcing Ironworkers Union Local 46 and the Mason Tenders District Council of New York City filed a multimillion-dollar racketeering lawsuit against two developers and a bankrupt construction manager, alleging that Lalezarian Developers and JMH Development conspired, with construction manager HRH Construction, to perform major construction contracts with non-union labor, even though HRH allegedly has a collective bargaining agreement requiring that all its projects use unionized labor. It is alleged that these companies created a ‘bogus' corporation, Leviathan Construction Management, to do the non-union work and skirt the collective bargaining agreement, the complaint alleges. Suit is filed in the U.S. Bankruptcy Court for the Southern District of New York. Such an arrangement, if true, would cost union construction workers millions of dollars in work.

New York Crane Accident Claims Life of Crane Operator

Wed, 21 Sep 2011 08:00:00 EST

A crane operator died in a tragic construction accident on Tuesday, August 30, 2011. Douglas Fitzmaurice was operating a crane in the Genesee Valley Gorge when the accident occurred. Mr. Fitzmaurice worked for a Michigan construction company that was working on the hydroelectric facility at the Gorge for Rochester Gas and Electric.

According to accident reports, the crane that Mr. Fitzmaurice was operating tipped over on a concrete spillway. Mr. Fitzmaurice was trapped underneath the 35 ton crane at around 2:45 p.m. He was conscious when rescue workers got to him. An estimated 50 firefighters and other first responders worked for hours to save Mr. Fitzmaurice's life.

Rescuers had to try to free Mr. Fitzmaurice while preventing the crane from going over the edge, whilst using cables and ropes to try to save his life.

After several hours, Mr. Fitzmaurice died as rescuers continued to remove the large crane from him. OSHA and the New York State Department of Labor will likely investigate the accident to determine what happened. First responders believe that the pressure built up in Mr. Fitzmaurice's body may have contributed to or caused his death when the crane was moved.

We extend our condolences to the family, friends, and coworkers of Douglas Fitzmaurice following this tragic New York construction accident.

Coast Guard Drops Medicine at Sea for Injured Maritime Worker

Wed, 14 Sep 2011 08:00:00 EST

A Coast Guard airdrop, rather than an airlift, may have significantly helped an injured maritime worker last month. On Friday, August 5, 2011, the Coast Guard coordinated an airdrop of medication to a worker who had been injured several days before.

Reports indicate that a crewmember aboard the 621 foot Turkish freighter Feyza fell and hurt his leg while the freighter was at sea. The ship notified Coast Guard Sector New York, and a Coast Guard flight surgeon recommended that the crewmember receive prescription medication.

Accordingly, a Coast Guard HU-25 Falcon jet departed Coast Guard Air Station Cape Cod and coordinated an airdrop to the vessel that was located 440 miles east of Cape Cod. Dropping medication at sea takes great coordination so that the medication makes it on to the vessel without hurting anyone on board.

The Coast Guard reports that the medication drop for this injured maritime worker was a success. We wish the injured worker a full and complete recovery following his maritime accident, and we applaud the Coast Guard and Feyza crew for working together to get this injured maritime worker the medication that he needed to improve his chances of recovering from his leg injury.

PAUL HOFMANN TO SPEAK AT NEW YORK COUNTY LAWYER ASSOCIATIONS ADMIRALTY AND MARITIME LAW COMMITTEE

Tue, 13 Sep 2011 08:00:00 EST

PAUL HOFMANN TO SPEAK AT NEW YORK COUNTY LAWYER ASSOCIATIONS ADMIRALTY AND MARITIME LAW COMMITTEE

RE: NYCLA ADMIRALTY AND MARITIME LAW COMMITTEE

REMINDER! SAVE THE DATE!

GREETINGS TO MEMBERS, OLD AND NEW!

WE ARE LOOKING FORWARD TO ANOTHER YEAR OF INTERESTING SEMINARS AND LUNCHEONS AND HAVE ALREADY SCHEDULED OUR FIRST.

SO SAVE THE DATE:

WEDNESDAY, SEPTEMBER 21, 2011

TOPIC: LEE V. ASTORIA GENERATING - ITS IMPACT ON CAMMON V. CITY OF NEW YORK, NEW YORK'S LABOR LAW AND THE ISSUE OF PREEMPTION UNDER THE LONGSHORE AND HARBORWORKERS COMPENSATION ACT ("LHWCA")

SPEAKER: PAUL HOFMANN, ESQ.

DATE: WEDNESDAY, SEPTEMBER 21, 2011, 12:30-2:00 PM

PLACE: NYCLA, 4TH FLOOR BOARDROOM

New York City Crane Contractor Loses License

Mon, 12 Sep 2011 08:00:00 EST

In March 2008, a crane collapsed in New York City and killed seven people and injured approximately two dozen more. The contractor, William Rapetti, was acquitted of all criminal charges related to the fatal construction accident. However, Mr. Rapetti did face other consequences for this accident.

In December 2010, an administrative law judge found that Mr. Rapetti violated both the law and professional standards by failing to properly support the crane. Specifically, it was found that Mr. Rapetti used a damaged sling to support part of the crane, used fewer slings than were required, and failed to use pads to soften the edges that were the slings were tied.

In response to the December 2010 administrative law judge decision, the New York City Department of Buildings revoked Mr. Rapetti's license. In July 2011, Commissioner Robert LiMandri said that Mr. Rapetti's license was revoked because he took safety shortcuts that led to serious consequences.

An attorney for Mr. Rapetti claims that the license revocation was expected. Mr. Rapetti's attorney claims that Mr. Rapetti will still be able to work on cranes in the City as long as he is not in a supervisory role.

We express our condolences to the families and loved ones of those killed in this New York City crane accident, and we hope that those who were injured have made successful recoveries.

President Obama has called on Congress to pass a "clean" extension of the Surface Transportation Act

Fri, 09 Sep 2011 08:00:00 EST

As reported by the Bergen Record:

N.J. Highway, Transit Projects Facing Loss of Funding

09/07/2011

Record, The; Bergen County, N.J.

By HERB JACKSON

More than 1,900 highway and transit projects in New Jersey could be stopped and nearly 23,000 people put out of work if Congress does not approve an extension of the federal transportation funding system this month, the White House said Tuesday.

President Obama has called on Congress to pass a "clean" extension of the Surface Transportation Act, the 18.4-cent-a-gallon gasoline tax that finances it, before the law expires Sept. 30. But Congress has already shown that stalemates can lead to shutdowns, as the Federal Aviation Administration was caught in a two-week standoff in August that forced thousands of layoffs and $400 million in uncollected airline fees.

Our law firm tries not to be political, but this deadlock in Congress is affecting our families, friends and clients, and the whole country. Certain Republican leaders are putting their party interests over common sense and the people who are out of work and need help, and they are willing to let more people be put out of work to advance their own political agenda. We disapprove of such selfishness.

Paul T. Hofmann

Hofmann & Schweitzer

360 W. 31st St. 1130 Route 202 South, A7

New York, NY 10001 Raritan, NJ 08869

212-465-8840 908-393-5662

paulhofmann@hofmannlawfirm.com

www.hofmannlawfirm.com

Two New York Construction Workers Caught in Flooding Staten Island Elevator

Wed, 07 Sep 2011 08:00:00 EST

Heavy rain overspread the New York City area on Sunday August 14, 2011, and put two New York construction workers in serious danger. Around 9:30 a.m. on August 14, Ed Tyler and Wendell Amaker were working on a senior center that is being built on Staten Island when they were involved in a New York construction accident.

The two men were using the elevator to move supplies down to the basement, but what they didn't know was that the basement was filling up with water. It has been reported that once Tyler and Amaker entered the elevator, the doors would not open despite the elevator buttons they pressed. The two men report hearing the swishing of the water as the elevator went down into the basement, and the elevator then began to fill with water.

The men claim that the water was about chest high. To avoid possible electrocution they both sat on a rubber utility cart that was in the elevator with them. After almost an hour in the flooding elevator, one of their cell phones caught a signal and the construction workers were able to call 911. Firefighters quickly came to the scene, shut off the electricity and got the men out of the elevator and to safety following this New York construction accident.

Longshoreman Dies in Philadelphia Terminal Workplace Accident

Thu, 01 Sep 2011 08:00:00 EST

An unexpected tragedy took the life of a longshoreman at the Packer Avenue Marine Terminal on Friday, August 12, 2011. 54-year-old Charles DiRago was killed in an alleged accident shortly after a container ship docked and began unloading at the terminal. Mr. DiRago was a foreman at the terminal and had worked at the waterfront for about 36 years. He is described as a dedicated longshoreman, as was his father before him.

Representatives of the marine terminal have not commented on the longshoreman's death other than to label him as a "superstar" and to say that the Occupational Safety and Health Administration (OSHA) are investigating this fatal maritime accident.

A colleague of Mr. DiRago's has said that Mr. DiRago died when the tractor part of a tractor trailer backed into him and crushed him to death.

A memorial service was held at Packer Avenue Marine Terminal on August 13 and was attended by approximately 120 workers. Mr. DiRago was described as a team player who was great with people and a longshoreman who will be greatly missed.

We express our sincere condolences to Mr. DiRago's four children, his relatives, friends and coworkers following this tragic and fatal Pennsylvania longshoreman accident.

Paul Hofmann recently with Rhode Island Senator Sheldon Whitehouse, a true champion for maritime victim's rights

Wed, 24 Aug 2011 08:00:00 EST

Paul Hofmann recently with Rhode Island Senator Sheldon Whitehouse, a true champion for maritime victim's rights

Lobsterman's Life Likely Saved by Quick Thinking Crewmates

Mon, 22 Aug 2011 08:00:00 EST

Last month an 18-year-old commercial fisherman was involved in a serious maritime accident off the coast of Martha's Vineyard. The accident happened on Wednesday, July 27. At approximately 11:30 a.m. the Helen Irene, a Fairhaven, MA based fishing vessel, contacted the Coast Guard for help.

The Coast Guard Sector Southeastern New England received the call and was informed that a crewman's leg had become entangled in a fishing line and that the fisherman had been pulled overboard as a result. The crewman spent about two minutes underwater before his crewmates aboard the Helene Irene could recover him.

The injured crewman was reportedly unresponsive when he was brought back to the surface of the water. Crewmembers of the Helen Irene performed CPR and revived the young fisherman. Then, a 25 foot boat from Coast Guard Station Woods Hole arrived and transported the man back to the station at Woods Hole where paramedics met him and rushed him to Falmouth Hospital.

According to the Coast Guard, having a crewmember that knew CPR saved this fisherman's life. The lobsterman's condition and identity have not yet been released to the media.

We extend our best wishes for a fast and complete recovery to the injured fisherman following this commercial fishing accident.

Metro North Train Derails After Leaving New York City's Grand Central Station

Tue, 16 Aug 2011 08:00:00 EST

A Metro North train derailment in midtown Manhattan last month was both uncomfortable and potentially dangerous for passengers. The six car train on the Hudson Line was carrying hundreds of passengers during the evening rush hour on Monday, July 11, 2011.

The train departed Grand Central Station at 6 p.m. and was due to arrive at Croton-Harmon at 6:57 p.m. However, shortly after the train left Grand Central terminal one of the wheels on the second car went off the track near 59th Street and Park Avenue.

Passengers report that the air conditioning was not working on the rail cars and that the heat was suffocating. One passenger reports that another passenger passed out during the wait to be evacuated. However, the media reports indicated that there were no injuries associated with this New York train derailment.

The New York Fire Department and the New York Police Department helped evacuate passengers. Some passengers reportedly had to wait more than an hour to be put on other trains or to get to street level via emergency exits.
There is no word yet on what caused the derailment. Four pregnant women were reportedly taken to area hospitals for evaluation after this New York City train accident.

New Jersey Supreme Court Rules in Slip and Fall Case

Mon, 15 Aug 2011 08:00:00 EST

In February 2006, Richard Luchejko hurt his left leg and his ankle when he fell on an icy sidewalk outside of The Skyline Condominiums in Hoboken, New Jersey. The accident happened three days after a 27 inch snowfall fell in the area.

Mr. Luchejko sued the Skyline Condominiums, the condo's property management company, the condo's snow removal contractor and the City of Hoboken for his injuries. A Hudson County superior court judge dismissed the lawsuit against all of the defendants except for the snow removal contractor.

Mr. Luchejko sought relief from the New Jersey Supreme Court. In a previous case, the New Jersey Supreme Court had held that commercial landowners were responsible for pedestrian injuries on the sidewalks abutting their property.

However, in Mr. Luchejko's case, the New Jersey Supreme Court made a distinction between residential and commercial property. Specifically, the Court found that because The Skyline Condominiums is a nonprofit residential building similar to a single family home, rather than a commercial building, that Mr. Luchejko did not have a case against the condominium organization. The New Jersey Supreme Court did not address Mr. Luchejko's right to recover damages from the snow removal company for his New Jersey slip and fall injuries.

Coast Guard Rescues Massachusetts Commercial Fisherman

Tue, 09 Aug 2011 08:00:00 EST

On July 13, 2011, United States Coast Guard Sector Boston completed its eighth medical evaluation of the year. Shortly after 7 p.m. on July 13, Coast Guard Sector Boston received a request for assistance from the stern trawler Captain Mark. The Captain Mark is a 73 foot fishing vessel that is based in Boston. At the time of the call, Captain Mark was located 54 miles east of the Merrimack River placing it near Jeffreys Ledge, Massachusetts.

The Captain Mark requested assistance because a crew member had suffered a laceration on his arm. There is no word on what caused the laceration. A boat crew from Coast Guard Station Gloucester and an emergency medical technician responded to the fishing vessel's call for assistance. The Coast Guard workers from Station Gloucester and the EMT assessed the fisherman's injury and decided to transport him to the harbor so that he could get medical care at a hospital. They were reportedly concerned that the laceration and resulting blood loss were so significant that the fisherman was at risk of suffering an arm amputation.

The fisherman's medical condition and identity have not yet been released. We extend our best wishes to him for a full and complete recovery following this commercial fishing accident.

Commercial Fisherman Medically Evacuated from Vessel 20 Miles Off New York Coast

Wed, 03 Aug 2011 08:00:00 EST

The commercial fishing vessel Laura Peggy, from New London, Connecticut, called the Coast Guard for emergency medical assistance on Thursday July 7, 2011. The crew made the call around 4 p.m. while the fishing vessel was at sea, about 20 miles south of Montauk Point, New York.

According to reports of the call, the crew made the emergency call on behalf of a 25-year-old male crewmember who had suffered a severe laceration to his finger. The crewmember was examined by a Coast Guard flight surgeon who determined that the crewmember needed to be immediately transported off the fishing boat for medical attention.

The victim of this commercial fishing accident was then transported to a Coast Guard boat that had been dispatched from Coast Guard Station Montauk and transported to land. Once on shore, emergency medical personnel met the boat and took the victim to Southampton Hospital for treatment.

No further details have yet been released about how the crewmember cut his finger, the crewmember's identity, or the crewmember's prognosis following this maritime commercial fishing hand injury. Our New York Jones Act lawyers wish the injured crewmember a fast and complete recovery from his injury.

Two Injured in Brooklyn Construction Accident

Tue, 26 Jul 2011 08:00:00 EST

On Tuesday June 21, 2011, two people were injured in a New York construction accident at Atlantic Yards. The Atlantic Yards project is one of the biggest construction projects in Brooklyn history. On June 21, a drill accident on the eastern end of the project sent chunks of packed dirt and small stones falling over surprised pedestrians at the corner of Atlantic and Vanderbilt Avenues.

The accident occurred around 10:30 a.m. when a hydraulic drill allegedly malfunctioned sending what witnesses describe as a storm of packed dirt and stones onto the street. Two people were injured in the accident. One was treated at the scene of the New York construction accident and the other was taken to a local hospital with a head injury. Several other people suffered property damage from the impact of the dirt and stones on their vehicles.

A spokesperson for Empire State Development Corporation has said that the drill became clogged, and while construction workers were attempting to unclog the drill the pressure built up and caused the accident. The contractor was ordered to stop work and submit a safety plan before continuing.

We express our best wishes for a full and complete recovery to everyone injured in this New York construction accident.

2-Year-Old New Jersey Boy Dies in Neighbor's Swimming Pool

Tue, 19 Jul 2011 08:00:00 EST

Tragedy struck the Northern New Jersey town of Roselle Park on Saturday, June 25, 2011. A two year old boy, whose name has not yet been released to the media, died after being found unresponsive in a swimming pool.

According to Roselle Park Police, the toddler was attending a neighborhood block party with his parents on the afternoon of June 25. At approximately 5:15 p.m. the child was found unresponsive in a neighbor's swimming pool. He was rushed to Trinitas Regional Medical Center in Elizabeth. It was there that he was pronounced dead.

The pool where the child was found is located in the 800 block of Elm Street. No charges have been filed, as it appears that the death was accidental. Yet, it remains unclear how the 2-year-old child was able to access the swimming pool area on a neighbor's property.

According to information from the CDC, most drowning deaths for children ages 1 -4 occur in residential swimming pools while the children are in the care of their parents and wander away for fewer than five minutes.

We extend our sincerest condolences the family, friends and neighbors of this little boy following this New Jersey pool accident.

Two Commercial Fishermen Injured in an Explosion

Sun, 17 Jul 2011 08:00:00 EST

Two commercial fishermen had to be medically evacuated by the Coast Guard on Wednesday, June 22, 2011. The fishermen, who have been identified as Alvin Floyd and John Hodges, allegedly needed to be rescued from St. Catherine's Island, Georgia after an explosion on their commercial fishing vessel. The reported explosion on the 23 foot fishing boat apparently sent the two men into the water, and a Good Samaritan was able to get the men onto St. Catherine's Island until help could arrive.

The Coast Guard was notified shortly before 8:30 a.m. Two Coast Guard helicopters arrived on scene soon after 9:45 a.m. and took both victims to Savannah Memorial Hospital. Friends of Mr. Floyd have told the media that Mr. Floyd suffered a broken leg and burns on his arms and face. Mr. Hodges reportedly suffered similar burns, broken ankles, fractured legs, fractured vertebrae and fractured ribs.

The cause of the explosion is currently unknown. The Good Samaritan who rescued Mr. Floyd and Mr. Hodges reports that the vessel sank approximately 1,000 feet from the Georgia Coast.

We extend our best wishes for a full and fast recovery to Alvin Floyd and John Hodges following this commercial fishing accident.

Admiralty Lawyers of the Amercian Assoication for Justice opposes Maritime Lien Reform Act

Mon, 11 Jul 2011 08:00:00 EST

S. 608 would do away with the right to enforce maritime liens against fishing permits. This would be devastating to the many seriously injured fishermen, and the families of those killed in the world's most dangerous industry. The Admiralty section of the AAJ urges congress to include provisions requiring such permit holders to maintain reasonable liability insurance coverage on their vessels. Unlike industries covered by the LHWCA, there is no statue that requires fishing boat operators to carry insurance to cover their employees medical costs when injured, or to provide a living emolument while they are recuperating from injuries and illnesses occurring at the workplace.

We ask that all fisherman contact their representatives and urge them not to pass S. 608.