1 Construction Site Worker Killed and 3 Injured After Building Collapse in New York

According to news reports, one construction worker died and three others sustained injuries in a building collapse in Lower Manhattan earlier this month. The New York City Fire Department (FDNY) says a wall collapsed while workers were demolishing a commercial building in SoHo.

One worker was buried beneath the debris, while two workers reportedly fell on top of it and sustained non-life-threatening injuries. It is unclear how the fourth construction worker was injured. By the time firefighters dug out the trapped worker, it was too late.

Reports say that debris overloaded one floor of the building, causing a wall to come down with it during the NYC demolition. The company tearing down the building received a violation the previous month for overloading the first floor with 50 tons of construction material. However, Department of Buildings officials said the collapse was not the result of any previous violations.

Common Injuries Construction Workers Suffer

Construction is an important industry in New York. But it’s also one that places its workers in danger of suffering serious injuries like:

• Traumatic brain injuries (TBIs)
• Nerve damage
• Burn injuries
• Eye injuries, including vision impairment and blindness
• Loss of limb
• Broken bones
• Spinal cord injuries and paralysis
• Neck injuries
• Internal bleeding
• Penetrating wounds
• Torn ligaments and tendons
• Respiratory illnesses from toxic exposure

Who Is Liable If You’re Hurt at a Construction Site?

If you get hurt on the job as a construction worker, you might face several challenges as you pursue compensation for your injuries. One significant issue for many workers is that workers’ comp benefits do not cover 100 percent of lost wages and other accident-related expenses. If you don’t have other sources of coverage, you could get stuck paying out of pocket.

However, there are some cases where a third party could be financially responsible for your losses – including the full value of your lost wages as well as your pain and suffering. If someone other than your employer caused the accident, they should be held accountable. Some common examples of third parties who might be liable for a construction accident include:

• Project managers or general contractors
• Manufacturers of tools, equipment, and machinery
• Property owners
• Designers
• Subcontractors
• Site engineers
• Architects

Statute of Limitations for NY Construction Accident Claims

The amount of time you have to pursue financial recovery for your losses in NY will depend on what type of claim you’re filing:

• Civil lawsuit – If you have grounds for a personal injury lawsuit after a construction accident, you must file within three years of the accident date or risk having your case thrown out in court.
• Workers’ compensation – If you’re pursuing workers’ compensation, you have even less time to act. You must report your injuries within just 30 days of the accident. You then have two years to file your claim for workers’ comp.
• Wrongful death lawsuit – In cases of wrongful death, the surviving family has two years to file a civil lawsuit in New York.
• Government agencies – You only have 90 days to file if your claim is with a government entity.

However, there are also exceptions to these limits. A construction site accident lawyer can help you identify key deadlines and keep your case on track.

Contact the NYC Construction Site Injury Lawyers at Davis, Saperstein & Salomon, P.C.

If you sustained injuries in a building collapse or another construction-related accident in NYC, contact the construction site injury attorneys at Davis, Saperstein & Salomon, P.C. at 1-800-LAW-2000 for a free initial consultation. With more than 40 years of experience and dozens of talented attorneys on staff, you can count on us to provide the legal support and attention you deserve.

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United States Post Office Deadly Truck Accidents

As long as their package arrives on time, many Americans might not think twice about the agency or company delivering it. But it’s important to study and analyze the practices of all large organizations, including Amazon and Starbucks, but also the United States Postal Service (USPS). Two weeks ago, the Wall Street Journal published an article on USPS, revealing alarming information about the federal agency and its practices.

USPS faces competition from private shipping companies like the United Parcel Service Inc. (UPS) and FedEx Corp. USPS receives some of its funds from the federal government, but most of its funds come from selling postage. To increase its revenue, USPS hires external trucking contractors at cut-rate prices, requires truckers to meet unmanageable delivery schedules, and continues working with contractors, even after their truckers violated traffic safety regulations.

John Sheehy, president of the National Star Route Mail Contractors Association, told the Journal that USPS offered its contractors rates that were 15-20% below industry standards. This allows USPS to hold onto more of its funding, but at the expense of the truck drivers.

The Department of Transportation (DOT) has strict rules regulating truck drivers and the amount of time that they can operate their vehicle. DOT regulations state that a truck driver cannot drive more than a total of eleven hours in a day and may not work for more than fourteen hours a day (including stops and truck loading time). The DOT established these safety regulations because research has shown that ‘drowsy driving’ substantially increases the risk of getting into a car accident. Research has even suggested that 24 hours of sleep deprivation causes roughly the same effects as having a BAC of 0.10%. Violation of these regulations leads to the decreased safety of the drowsy driver, other drivers on the road, and pedestrians.

In civil cases where the plaintiff was involved in an accident with a commercial truck driver, the plaintiff’s attorney will often look for evidence that the truck driver had violated DOT regulations. For example, the attorney may look at the driver’s records from the day of the accident to see if they had worked more hours than DOT allows for.

Sheehy, who himself is a former USPS contractor, told the Journal that there is immense pressure to make scheduled delivery times. Sheehy added that in previous years, USPS has chosen to terminate contracts with contractors that failed to make at least 95% of their deliveries on-time.

The Journal reviewed a series of USPS contracts and found one route that required the driver to leave Salt Lake City at 3:30 AM and arrive in San Francisco at 5:30 PM. This route is a fifteen-hour drive, which is one more hour than the fourteen-hour maximum amount of time worked that DOT allows for. This example is part of a larger pattern–the DOT reported that, from 2021 to 2022, about 39% of USPS’s trucking companies had violated its regulations, compared to only 13% of for-hire trucking companies.

One of USPS’s most important vendors, McCormick Trucking, clocked over 200 DOT violations between 2017 and December of 2022. Its sister company, Tracie McCormick Inc., has also been fined by the DOT for violating safety regulations. Even in light of both companies’ poor safety records, USPS has continued working with McCormick Trucking and Tracie McCormick Inc., and extending existing contracts.

Unfortunately, the Postal Service did not track crashes caused by its contractors. It did not require contractors to report accidents to USPS, but this policy has recently changed since the Journal’s article. USPS now requires its contractors to notify USPS of fatalities, injuries, or significant property damage after a serious accident occurs.

One serious accident occurred in June of 2022, when five people, including a baby, were killed after a Postal Service truck driver struck their car. The accident occurred on Interstate 25, near Denver, Colorado, and police later reported that the accident had been caused by the truck driver’s distracted operation of his vehicle. Police also learned that the driver lacked a valid commercial driver’s license.

Since USPS has established a mandatory reporting guideline, Americans should hope to see more accountability from USPS and its contractors, as well as greater adherence to DOT safety regulations.

If you or someone you know has been involved in a car or truck accident, the attorneys at Davis, Saperstein & Salomon, P.C. have decades of experience and may be able to help.

Our firm offers free and confidential case evaluations and are available 24/7. Contact us today by calling 201-444-4444.

Scene of the Denver, June of 2022 Crash

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Insights from Samuel L. Davis: Facial Recognition in NYC and its Impact on Consumer and Worker Protection

On February 24th, 2023, Davis, Saperstein & Salomon, P.C. Founding Partner Samuel L. Davis, Esq., testified before The New York City Council Committee on Consumer and Worker Protection about the use of facial recognition technology in New York City businesses.

How Can New York Businesses Use Facial Recognition Technology to Ban Your Right to Free Speech

In November 2022, Davis, Saperstein & Salomon Associate Kelly A. Conlon, Esq. was escorted out of Radio City Music Hall as she tried to attend a Christmas show with her daughter and her girl scout troop. Conlon was identified using facial recognition technology and was asked to leave the premises. This was done simply because she is an attorney with Davis, Saperstein & Salomon, who happened to represent an individual in a personal injury matter against a restaurant that was later acquired by Madison Square Garden. Conlon not only was not involved in the lawsuit, but she had no knowledge of it.

Madison Square Garden has gone on to ban over 2,000 lawyers from over 90 other law firms who are involved in lawsuits against one of their entities.

“We have no real concept of how invasive this technology is,” says Sam Davis as he spoke before the committee. “Please do not let companies like MSG turn public accommodations into places where you leave your right to free speech at the door.”

Private Businesses in New York Using Facial Recognition Technology Need to Be Transparent

In New York City, the use of facial recognition technology may be legal if the company posts a notice to consumers stating that the technology is being used, and that it does not use it to make a profit or share it with third parties. After Conlon’s experience at the Radio City Music Hall, Sam Davis visited the venue to experience what she felt. While there, he observed MSG’s notice to consumers. “The signage was inconspicuously posted. In other words, the signs were facing sideways”, says Sam Davis. While MSG does post signs to alert consumers that they are using this technology, the signs were neither conspicuous nor in compliance with the law.

The notices also did not reveal the true intention behind the use of facial recognition. “The signs only list ‘for security purposes only’. That’s a misrepresentation”, says Sam Davis. Facial recognition may have a valid role to play in identifying individuals who might jeopardize the safety of patrons, performers or staff. The technology may be searching for legitimate security threats, but at MSG it also searches for enemies of its owner, in this case civil attorneys who pose absolutely no threat to safety.

Davis argued for transparency when it comes to the use of facial recognition technology regarding what these “security measures” will ultimately be used for and for how long. “The problem is, there is no transparency,” he says. “The law must be very clear and provide a mechanism for enforcement.”

By interfering with lawyers’ rights to represent Americans, Madison Square Garden has curtailed the First Amendment right to free speech. It has also tried to limit the Fourth Amendment right to privacy by inappropriately using biometric information and facial recognition technology. “If MSG can get away with this, then you are going to have a slippery slope of surveillance in the city… Our privacy will be nothing more than a quaint memory of what life was like at the turn of the century”, said Davis.

About Davis, Saperstein & Salomon, P.C.

Davis, Saperstein & Salomon, P.C. is a personal injury law firm based in Teaneck, New Jersey, with satellite offices in New York and other parts of New Jersey. Our attorneys handle a wide variety of cases, including motor vehicle accidents, premises liability and construction accidents. Since its founding in 1981, Davis, Saperstein & Salomon, P.C., has been committed to representing the individual and never the corporation. The Firm is also committed to protecting our right to privacy, in the face of MSG and other corporations’ unethical use of facial recognition technology.

This is not a commitment that Davis, Saperstein & Salomon, P.C., makes alone. “We must do what we can, as a city, to protect New Yorkers’ privacy and guard against these products being used to harm consumers and workers”, said Councilwoman Marjorie Velasquez, Chair of the Committee on Consumer and Worker Protection.

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4-Year-Old Attacked by a Pit Bull in New Jersey

Kind dogs may be man’s best friends, but aggressive dogs can cause severe physical and psychological injuries when they attack. Sadly, that is exactly what happened recently when a pit bull attacked a 4-year-old girl and her mother in New Jersey.

According to news reports, Khaleen Brown Anderson and her daughter, Abbey, had just returned to their home in Teaneck when Anderson saw a pit bull running up the street toward them. Anderson said the dog attacked her and her daughter, even jumping into the car at one point.

The attack ended when a plumber working nearby heard the attack and scared the dog away. Police impounded the dog and served its owner with two summonses. Records show the dog had previously attacked a mailman in 2017. A judge will decide what happens to the dog now.

The psychological effects have already impacted Abbey. Brown Anderson reports the 4-year-old is traumatized and cries in her sleep.

What Should I Do After a Dog Attack?

If you get hurt in a dog attack, take the following key steps:

• Call the Police – It is necessary to document the attack but more importantly the police will investigate the true owner of the animal.
• Seek medical attention immediately – Dogs can cause severe injuries when they attack, including puncture wounds, soft-tissue injuries, broken bones, and nerve damage. Seek medical care and make sure you get a rabies vaccine.
• Identify the dog and contact its owner – Take pictures of the dog for reference if you can. If you contact the dog’s owner, keep the conversation brief and do not speculate about what caused the dog to attack. Ask the owner for their insurance information, contact details, and the dog’s vet medical records.
• Document your injuries – Take pictures of any visible injuries you sustained and store the pictures in a secure location. You should also save your medical records for future reference and start a journal to document how the attack affects you mentally and emotionally.
• Do not make any social media posts about the attack – A stray comment or photo could hurt your chances of recovering compensation for your injuries. Stay away from social media until your case settles.
• Do not speak to any insurance companies – The dog owner’s homeowners insurance company may call you and pressure you to accept a quick settlement. However, their offer likely won’t cover the full extent of your injuries. Let your lawyer handle all communication with the insurance companies.
• Hire a dog bite lawyer – Securing compensation for a dog bite claim can be difficult, and you want to recover as much as possible. A dog bite attorney can help you protect your rights and demand the money you need. Special discounted fee rates apply to children bit by a dog.

What Are the Physical and Psychological Consequences of Dog Attacks?

The physical consequences of a dog attack are often serious and can include:

• Severe injuries, including broken bones, facial injuries, infections, and internal bleeding
• Scarring and disfigurement
• Long-term pain from your injuries
• Rabies and prophylactic treatment for rabies
• Tetanus

The psychological consequences of a dog attack are often as severe, especially when a child is bit by a dog, as the physical effects and may include:

• Nightmares and insomnia
• Flashbacks to the attack
• Heightened anxiety, especially around dogs
• Depression and other emotional distress
• Psychological distress from pain, scarring, and disfigurement

What Compensation Can I Get After a Dog Attack?

With help from the right attorney, your compensation after a dog attack in New Jersey could include money for:

• Medical bills
• Future plastic surgery bills and revision surgery
• Incidental expenses
• Lost wages
• Lower future earnings
• Scarring and disfigurement
• Pain and suffering
• Emotional distress

What is the New Jersey Law Governing Dog Bites?

The owner of any dog which shall bite a person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of the such dog or the owner’s knowledge of such viciousness.

If the injury occurs when entering the private property where the dog is kept, the law states that a person is lawfully upon the private property of such owner when on the property in the performance of any duty imposed by the laws of this state or the laws, such as a cable installer, worker, or postal worker, such as a mail carrier of the United States, or when a person or child is on such property upon the invitation, express or implied, of the owner thereof. 

Contact Our New Jersey Dog Bite Lawyers for Help

The team at Davis, Saperstein & Salomon, P.C. understands how traumatic dog attacks can be. We’re here to help you recover fair compensation for your injuries. Contact us today to learn more about your rights in a free consultation with a New Jersey dog attack attorney.

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FAQs: Car Accident While Pregnant

It is estimated that four percent of the US population is pregnant at any given time, so statistically four out of every injured client may be pregnant.  Women expecting a child do everything they can to protect their unborn child. Unfortunately, no amount of precaution can eliminate the risks women face in their daily lives. However, what happens if a woman is involved in a car accident while pregnant? Does the unborn child have a higher risk of injury? What compensation could the pregnant mother be owed by the person who caused the collision? How can you or that person make a claim?

Here are the answers to these and other questions we often hear from our clients who were pregnant when they were in a car accident.

Can a Car Crash Affect Your Pregnancy?

The short answer is yes for injuries to the mother and injuries to the child.  In fact, New Jersey certain injuries to a fetus are specifically written into New Jersey’s automobile injury laws.

An injury to a pregnant woman is unique in that the expecting mom is more concerned about her child’s potential injures than her own.  Being pregnant carries with it its own set of complications and often causes back and abdominal pain and discomfort.  To determine if such pain is related to a car accident XRAYS and other radiology tests are necessary.  That is the first problem, proper diagnosis without imaging.  Although in utero injuries are rare, injures to the expectant mom are common.  These injuries to the neck and back are often caused by the seatbelt. Most common injuries to a pregnant mom are to their necks and lower back.  Seldom is there an injury to an unborn child, however sometimes pregnancies are lost because of a car wreck.

Studies have found that car accidents account for 1,500 to 5,000 miscarriages each year. Even if a pregnant person doesn’t miscarry, their unborn child may suffer fetal trauma causing permanent disabilities.

The most common injuries from car accidents during pregnancy include:

• Placental abruption happens when the placenta detaches from the uterine wall. Around 5 percent of pregnant people in low-impact accidents and as many as 50 percent of those in high-impact accidents suffer placental abruption.
• Uterine rupture is a medical emergency with a high fetal mortality rate. It is not common but occurs when the uterine wall tears or rips. Most cases result from seat belts or deployed airbags.
• Maternal shock occurs when the pregnant person sustains severe injuries. The body copes with blood loss by rerouting blood to essential organs, which deprives the fetus.
• Direct fetal trauma is an injury the fetus suffers directly rather than as a side effect of the mother’s injuries. About 10 percent of car accidents involving pregnant people result in direct fetal trauma. Head injuries caused by impact with a steering wheel, airbag, or seat belt are most common.
• Emotional and Psychological Injuries to the Expecting Mother are common and often remains a question after birth as the child develops through childhood. Mothers often worry and wonder if any developmental problems suffered by a child can be attributed to a past motor vehicle accident.

Accident injuries sustained by fetuses may lead to disabilities later in life. For example, head trauma often causes developmental or intellectual delays. If you are in a car accident while pregnant, watch a child’s development closely for signs of injury after birth.

Can a Car Accident While Pregnant Cause Brain Damage to a Fetus?

Placental abruption can cause brain damage by restricting blood flow to the developing baby. It is a medical emergency and often requires a C-section to avoid further injury to the infant.

Uterine rupture, while uncommon, can also cause brain damage and cut off oxygen to the fetus. Like placental abruption, it often needs an immediate C-section.

The abdominal wall and uterus often provide sufficient protection. However, direct impacts can cause fetal head trauma. The fetus’s head is most at risk for direct fetal trauma, causing damage that may manifest as long-term disabilities later in life.

Can a Seat Belt Injure a Fetus After a Crash?

A seat belt can cause injuries in higher-impact crashes, including placental abruption, uterine rupture, and direct fetal trauma. However, it is more dangerous not to wear a seat belt than to use it. Wear the seat belt as recommended but ensure the lap belt secures below your belly and snuggly across your pelvic bone and hips.

Are Airbags Dangerous While Pregnant?

Like seat belts, airbags may pose a danger in some circumstances. But there is no higher risk of fetal distress or injury when airbags deploy. Keep 10 inches of space between the steering wheel and your breastbone. If possible, angle the steering wheel to face your chest rather than your belly.

What Are Some Warning Signs to Watch Out for After a Car Accident While Pregnant?

If you were in a car accident while pregnant, watch out for the following:

• Severe abdominal pain
• Vaginal bleeding
• Urgent or painful urination
• Dizziness or loss of consciousness
• Swelling in your face or fingers
• Chills and fever
• Severe headaches
• Changes in the baby’s movement

Not all fetal injuries will manifest symptoms in the parent. It is a good idea to visit the doctor after a car accident – regardless of how you feel or what symptoms you may have experienced.

Once your baby is born, keep an eye on their development. Let your pediatrician know you were in a car accident while pregnant so they can assess your child’s development more thoroughly. The consequences of head injuries are often not apparent until the child is older.

What to Do If You’re in a Car Accident While Pregnant

If you haven’t already, see your doctor. Even if you don’t feel injured, it is a good idea. Once you are home, watch out for symptoms that may indicate a fetal injury.

Follow through with any additional treatment your doctor recommends. If left untreated, injuries like neck and back pain can worsen during pregnancy and even leave you with permanent pain and disability.

As your healing and pregnancy progress, document your experience in a journal. Note any unusual pain or mental stress. These items can be compensable through an insurance claim or lawsuit against the at-fault party.

Should You Hire a Lawyer If You Were Involved in a Car Crash While Pregnant?

Pregnancy complicates injuries. Your baby may have suffered long-term damage you aren’t yet aware of. An insurance company will likely fight you if you file a claim for your child’s developmental problems years after the accident. The limited window to file a lawsuit set by the statute of limitations can also present its own challenges. The sooner you speak with a lawyer, the more they can do for you.

You will likely face stress after a crash while pregnant. That could affect your baby’s development and cause birth complications later. One way to manage this stress is to delegate insurance claims and settlement tasks to an attorney.

Your attorney can sue the careless driver and their insurance company for your harms and losses  associated with the car accident, including:

• Your medical bills and neonatal diagnostic tests
• Medical treatment for you and your unborn child
• Money for your temporary and permanent pain and suffering
• Money for your lost wages from being unable to work.
• Delivery related complications
• Future medical care for your baby
• Money for your emotional distress and PTSD

New Jersey has a unique law that affects people subject to the Limitation of Lawsuit Threshold, also known as Limited Tort or the Verbal Threshold.  This New Jersey law can limit a person with non-permanent injuries right to bring a lawsuit.  However, the law plainly states that the loss of a fetus is a permanent injury and will allow the woman who suffered the miscarriage to sue for the loss of the pregnancy and all other injuries.

Your claim can become complex quickly, especially if your child shows effects from the accident later. Rather than fight the insurance company on your own, contact Davis, Saperstein & Salomon, P.C. for a free consultation with a compassionate car accident lawyer at 1-800-LAW-2000.

We can meet with you in our locations in New Jersey and New York City, over the phone, or through video chat. With more than 40 years of experience, we have secured over $800 million in verdicts and settlements for our clients. Let us put our skills, resources, and knowledge to work to help demand the financial recovery you need to get life back on track for you and your child.

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