April, 2018 - Braunfotel and Frendel

Workers’ compensation: BLS says 1 eye injury every 45 seconds

Employers in all industries in New York and elsewhere are responsible for the health and safety of employees. However, almost two-thirds of workers fail to use protective eyewear in jobs that pose eye injury risks, including the possibility of blindness, because it is optional and not enforced by employers. This is what the U.S. Bureau of Labor Statistics (BLS) says after conducting a study. Employees who suffer injuries at work are typically covered by workers' compensation benefits.According to the survey, one occupational eye injury occurs approximately every 45 seconds. That calculation followed indications that about 2,000 such injuries occur in workplaces every day - over 700,000 per year. Safety authorities say most eye injuries can be prevented by wearing appropriate protective equipment - and supplying it is the responsibility of [...]

Workers’ compensation: BLS says 1 eye injury every 45 secondsjames2018-04-27T00:00:00+00:00

Drug charges: Suspect arrested after alleged client’s overdose

It is essential for New York residents to know and understand their legal rights whenever they are suspected of or accused of criminal conduct. For example, what is said and done at the time of an arrest on drug charges could be vital when the case goes to court. Suspects must remember that criminal convictions are based on proof beyond a reasonable doubt, and until the prosecution can establish that, the accused individuals will remain innocent in the eyes of the law.A 28-year-old man from a neighboring state was recently arrested in Orange County after an investigation that was a collaboration between New York State Police investigators and the City Police Department of Port Jervis. Reportedly, the man's arrest followed the overdose death of another person who allegedly bought the [...]

Drug charges: Suspect arrested after alleged client’s overdosejames2018-04-26T00:00:00+00:00

Common construction worksite injuries

Construction workers are at risk for many kinds of injuries on worksites. From falls to equipment related accidents, many serious injuries can be the result of safety standards or improper training. Unfortunately, many employers do not give injured construction workers their deserved benefits after an accident.Understanding the kinds of injuries that construction workers are at risk for and what to do after an accident can save you time and stress. Learn the common injuries that can occur at worksites and the steps to get medical coverage and compensation for these injuries.Frequent construction worker injuriesWorkers in the construction industry are at risk for many kinds of accidents and injuries, including:Steps to take after a workplace injuryConstruction workers who become injured on the job should immediately report the accident to their employer [...]

Common construction worksite injuriesjames2018-04-25T00:00:00+00:00

Safety practices can lower construction industry injury rate

New York construction workers probably already know that their employers can help make job sites safer. However, they may not be aware of just how effective preventative safety measures can be.Analysts at Associated Builders and Construction, a trade association, say that building contractors can make their workplaces up to 670 percent safer by following the guidelines in their Safety Performance Evaluation Process. Doing so can result in an 85 percent reduction in reportable workplace accidents. Safety measures can include new-hire orientation programs, substance abuse programs and creating a site-safety committee that involves the workers.Another study, this one by the Center for Construction Research and Training, found that construction fatalities are on the rise. Being hit by falling materials was responsible for 67 percent of the fatalities. Workers under 20 years [...]

Safety practices can lower construction industry injury ratejames2018-04-24T00:00:00+00:00

Fatal Four cause most deadly construction workers’ accidents

In the Occupational Safety and Health Administration's ongoing quest to improve workplace safety, the agency runs awareness campaigns to remind employers in New York and elsewhere of their responsibilities to protect the health and safety of their employees. The Focus Four Hazards initiative - or Fatal Four - aims to draw the attention to the primary causes of construction workers' accidents. Reportedly about six to nine of every 10 deaths in the construction industry are caused by one of the Fatal Four hazards.Falls make up the majority of fatalities in this industry. Typical causes include raised areas and holes or openings with unprotected edges, working and walking surfaces that are improperly constructed such as scaffolds, and improper use of ladders and other access equipment. Slips and trips also cause many [...]

Fatal Four cause most deadly construction workers’ accidentsjames2018-04-18T00:00:00+00:00

Drunk driving charges: Can field sobriety tests be challenged?

Drivers who are pulled over on suspicion of DUI in New York are often subjected to field sobriety tests. This is one method for law enforcement to determine whether drunk driving charges can be filed. Several potential challenges exist to use as a defense against field sobriety tests in court.Studies have shown that these tests' reliability rate to determine alcohol impairment is not more than 91 percent, and flaws in one of the three standard tests could be argued. The horizontal gaze nystagmus test is used to check for smooth movement of the eyes when following left and right moving objects, and balance is checked in two ways. The individual must walk heel-to-toe for nine steps, turn on one foot only and repeat the walk back. The officer will then [...]

Drunk driving charges: Can field sobriety tests be challenged?james2018-04-18T00:00:00+00:00

Why self-driving cars are still the future

New York residents may have heard about the recent fatal crashes involving Tesla and Uber vehicles. In the Tesla accident, which occurred when the vehicle was on Autopilot, the driver allegedly received several warnings to place his hands on the wheel prior to the collision. The Uber crash, which involved a self-driving test vehicle, resulted in the company opting not to renew its license to test autonomous cars in the state of California. While these incidents may sour people on self-driving vehicles, there is still a lot of upside to the technology.About 90 percent of all accidents each year are caused by human error. There are more than 35,000 deaths that result from car accidents, and autonomous technology tests have revealed that self-driving vehicles aren't any more dangerous. Furthermore, Uber [...]

Why self-driving cars are still the futurejames2018-04-16T00:00:00+00:00

DUI preliminary hearings: what one needs to know

If one has been arrested and charged with a DUI in New York, one will have to decide whether to plead guilty or not guilty to the charges against during arraignment. If one pleads guilty, the judge will likely sentence at the arraignment, as it is the last time in court. But, many people accused of DUI's decide to plead not guilty to the charges against them and work with their defense attorneys to come up with evidence to show why they should not be convicted. Generally, once one pleads not guilty, they will be required to attend a preliminary hearing.Many attorneys will say that the preliminary hearing following a DUI arrest is one of the most critical parts of the DUI court process. During a preliminary hearing, the judge [...]

DUI preliminary hearings: what one needs to knowjames2018-04-16T00:00:00+00:00

Workplace safety: Flame-resistant clothing crucial in oil industry

New York workers who earn their income in the oil and gas industry may become somewhat complacent - especially after long service. However, this is one industry in which workplace safety must always remain a priority. Fires and explosions can erupt in the blink of an eye, and the consequences of burn injuries can be severe.As an example, three workers on an oilfield in another state were injured last year when a pipeline fire erupted while they were busy with routine maintenance. One of them succumbed to burn injuries a few days later. In another case, a 38-year-old refinery pipefitter died after suffering severe burn injuries after ethanol spilled from a pipe on which he was working. Nearby welding activities caused the spark that ignited the fire.The American Burn Association [...]

Workplace safety: Flame-resistant clothing crucial in oil industryjames2018-04-14T00:00:00+00:00

Text messages sent before overdose lead to drug charges

Understandably, being accused of criminal activities can cause anxiety and concern. Anyone in New York in such a situation will likely explore his or her defense options. That is likely the focus of a 24-year-old Buffalo man who is facing drug charges, including possession of heroin with the intention to distribute the illegal drugs.The assistant U.S. attorney who is handling the case reported that the charges follow investigations into an overdose-related death. The case involves a Hamburg man who overdosed on heroin and died on March 26. Reportedly, special agents from the Drug Enforcement Agency along with Hamburg Police Department detectives managed to trace text messages on the deceased victim's cellphone back to the accused man.These messages enabled detectives to identify the Buffalo man as the person who supplied the [...]

Text messages sent before overdose lead to drug chargesjames2018-04-12T00:00:00+00:00

Tell Us How We Can Help

Our Office Location