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New York Injury Law Blog

Who pays when subcontractors get hurt on private property?

Who ends up paying when you're working as an independent subcontractor on someone's house and end up injured?

Ideally, you have insurance of your own. Unless you have an agreement otherwise, the contractor's insurance company certainly won't cover you. If you don't have coverage of your own, however, you're only real option is likely to file a claim against the homeowner's insurance company in order to try to get back your lost income and medical costs.

Doctor prevented from treating injured workers

The Workers' Compensation Board of New York has removed one of the doctors on its list of those approved to examine injured workers under the system.

The doctor admitted to a variety of issues with his quality of care, including failing to retain accurate medical records that showed what evaluation patients had received from him, failing to order appropriate tests and consultations and failing to give patients' medical history or symptoms an adequate evaluation. He also admitted to not monitoring such diverse patient-care issues as thyroid function or sodium levels. In addition, he never documented whether patients were being seen for psychiatric care.

What's the 'storm in progress' doctrine?

If the weather outside is less than delightful, you know to be careful when you step out of your car in a parking lot. But what happens if the parking lot is still a disaster and you end up slipping, falling and injuring yourself anyhow?

Whether or not you can hold the property owner liable may depend on the "storm in progress" doctrine and what you can prove about the conditions of the lot.

Airline passengers have the right to expect sexual safety

In the not so distant past, the "sexy stewardess" wasn't just a Halloween costume -- it was an common airline marketing ploy.

Unfortunately, that led to the idea that "anything goes" on airlines for a long time -- and some people still have their minds stuck in the past. This endangers both airline employees and passengers -- putting them at risk of sexual assault and physical violence each flight.

Construction workers: Take extra precautions in winter

The snowy, blustery winter is just about the only thing that can make a construction worker long for the full heat of summer again.

Working construction in winter is no easy task. If that's your job, pay attention to the following tips:

Faked medical records briefly fool workers' compensation board

The workers' compensation systems is there for those that really need it. Those who abuse it make it much harder on those who are really injured because they make everybody's claim look a little more suspicious.

Usually, however, the worker faking a claim has to at least try hard enough to fool a doctor. In a case out of Albany, New York, a corrections officer working for the state didn't even bother doing that. Instead, he simply made up his own medical reports saying that he was too disabled to work. He then turned those in with his claim.

Premise liability: When your landlord is at fault for your injury

Landlords have a certain responsibility toward their residents to make certain that the premises of the apartment, townhouse or rental home are reasonably safe and free of obvious hazards.

A lot of landlords fail miserably in this area -- and tenants are the ones who end up suffering with massive medical bills.

Apple, iPhones and distracted driving: Why Apple isn't on a hook

Product liability laws often can be used to attach blame for a terrible accident to a bigger company or corporation instead of just to the end user that caused the accident.

Financially, that makes sense -- it puts the burden of paying for the accident on the party with the deepest pockets. Legally, it makes sense because companies are expected to put out products that are safe to use.

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