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Law office of Bonnie Lawston

Law Offices of William Cafaro

Different Causes and Types of Bicycle Accidents in New York

Some of the Most Common Causes of Bicycle Accidents

https://www.sacksteinlaw.com/2019/07/17/different-causes-and-types-of-bicycle-accidents-in-new-york/Many different types of bicycle accidents occur in Queens, Manhattan and Nassau County. These are heavily populated areas, and there are numerous bicycles, vehicles and pedestrians on the roads. Consequently, collisions are bound to happen. However, when serious injury results and another party was at fault, legal grounds may exist to pursue a lawsuit to hold the negligent parties accountable.

Despite the increasing numbers of bicyclists, the New York City DOT (Department of Transportation) claims that bicycling has grown dramatically safer. Even so, that does not mean that bike riders are free from danger.

Bicycle Accidents Causes

The following types of situations can cause bike accidents:

  • Dooring. “Dooring” describes a bike accident where drivers or passengers are exiting their cars and open the door into a bicyclist, who is passing by the vehicle. The unexpected door opening can strike riders, throw them off their bikes and cause bikes to crash or flip over. Being thrown into oncoming traffic is a serious concern. Also, if cyclists try to avoid the door, there is the danger they may swerve into oncoming traffic. A dooring accident can result in severe injuries or fatalities. The fault for the accident lies with the driver or passenger who failed to look before opening the door.
  • Failure to Yield the Right of Way. Who has the right of way  — the bicyclist or the vehicle or the pedestrian? It is crucial to understand right of way laws in New York. For example, in crosswalks, pedestrians have the right of way. Bicyclists must use a bike lane or the right shoulder near the curb, but they may move farther left (three to four feet) to avoid hazards with parked cars. It is illegal for a car to stop or stand in a bike lane.
  • Road defects and potholes. Poor road conditions can make bicycle riding dangerous. Hitting a pothole can throw the bike and rider up into the air or cause the biker to lose control and suffer injury. Local governments are responsible for keeping the roads in good repair and making them safe for traffic.

Experienced NY Bicycle Accidents Attorneys

When determining whether grounds exist for a lawsuit, attorneys investigate to establish who was at fault for causing the bicycle accident. When injuries are serious or result in death, a bicycle accident lawyer can often help you recover compensation for damages.

What Employers Should Know About Time Off to Vote

The NY State Legislature Passed an Election Law

What Employers Should Know About Time Off to Vote Time off to vote for employees was part of the legislation that the NY State Legislature passed in April of 2019.

The name of the law is the New York State Election Law and it went into effect immediately.

What Does the Time Off to Vote Mean for Employers?

Based on the new law, employers must allow their employees who are registered voters up to three hours of time off to vote. The employee will lose no pay for the three hours and this applies to voting at any election.

Guidelines for the Time Off

The employer must allow the time off only at the beginning or end of the employee’s work shift. The employer either designates the time or the employee and employer can mutually agree on the time.

The employee must notify the employer about taking time off to vote two working days before the Election Day.

Posting a Notice of the NY State Election Law

Employers must post in the workplace a notice that states the provisions of the NY State Election law. They must post it conspicuously no less than 10 working days before every election. In addition, they must keep the notice posted until the election polls close that day.

What Might Have Prompted the New Law?

According to an article in The New York Times, the mid term elections in 2018 in New York favored incumbents. New York was the only state in the country that held separate state and federal primary elections. Two separate voting days made it more difficult for voters to turn out to vote. In addition, New York does not have the options of early voting, voting by mail, nor same-day voter registration.

By comparison, some of New York’s voting laws were much more restrictive than laws in other states.

The New York State Election Law is one response taken by a more liberal legislature to effect change. More changes may be on the way.

At Stephen Hans & Associates, our attorneys work to stay up-to-date with legal changes. We like to let employers know about them so they can avoid employment law issues. We also represent business owners in employment litigation.

What Is the Difference Between Anxiety and Depression?

Do You Feel Anxious or Depressed?

Do You Feel Anxious or Depressed?It’s no surprise people often wonder about the difference between anxiety and depression because many people who suffer from anxiety also suffer from depression, and vice versa. The two mental conditions frequently overlap, and in certain instances, the medication prescribed or treatment used to address one will also be helpful with the other.

Anxiety and Depression  — The Differences

In a Psychology Today article, Gregg Henriques, Ph.D. describes anxiety and depression as negative emotional-mood states.

Anxiety

Anxiety is a reaction to a perceived threat or potential loss, and it prepares you to take defensive action.

Perhaps a situation has arisen that is similar to one in the past. For example, let’s say you are middle aged and find yourself in the dating world again after a recent divorce. Dating made you anxious as a young adult, and that familiar anxiety is now rearing its fearful head again. Or, perhaps you are interviewing for a new job. Job interviews always made you nervous because if the interview didn’t go well, you might not get the job. Your nerves are frazzled, your palms are sweating, and you momentarily have a slight stutter as you answer the interviewer’s questions.

Everyone experiences anxiety from time to time, and certain situations may stand out as obvious triggers. However, what if you feel anxious, but there seem to be no stressors in your life and you’re baffled about why you feel anxious? Or, what if some days have passed and your anxiety won’t go away?

It might be time to speak with a psychotherapist and get some help.

Depression

In contrast with anxiety, depression is a not so much a state of worry and defense against something threatening. It feels more like a state of emotional shutdown. Yes, the threat or loss might exist, but depression makes you lose interest in life or people, and makes you feel sad, angry or worthless. You want to withdraw from life.

Again, everyone has days where they feel blue or down, but the kind of depression being discussed here is of a longer lasting variety. You may want to crawl into your bed and sleep for weeks. Feelings of lethargy sap all your energy, and daily tasks or speaking with people appears overwhelming.

If these descriptions of anxiety or depression sound familiar, we have counselors at Affordable Therapy Los Angeles, who can work with you. We’ll help you identify the source of your anxiety or depression. Gaining insight through treatment can assist you in relieving this problem.

Why Working Off the Clock Can Be a Liability

Why Working Off the Clock Can Be a LiabilityWorking off the clock can be problematic for an employer. One reason is that time clocks or time sheets exist to document an employee’s work hours. When workers do not punch in, the book keeping of hours worked becomes nebulous. However, aside from that, employees can be subject to wage and hour lawsuits, penalties and other additional expenses when they fail to pay employees for time worked.

What Is “Working Off the Clock”?

Why Is Working Off the Clock Illegal?

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Examples that Qualify as Working Off the Clock

If you call employees outside of work or send them work related emails that they must answer, you would be encouraging unpaid work or work done “off the clock.”

If you allow your employees to come in early or stay late to finish their work tasks, you can run into problems as an employer. Perhaps your restaurant worker is cleaning up or your laborer is simply dropping off equipment at another site outside of work hours. Off-the-clock work includes employees who work outside of the scheduled hours, for example to get a worksite ready for the production day. Workers who correct errors in paperwork past the time they should’ve gone home also qualify as working off the clock. Even having an employee wait to receive an assignment, despite the fact the employee is not doing anything but waiting, qualifies as work time.

What Types of Swimming Pool Injuries and Accidents Can Occur?

Avoiding Accidents at Swimming Pools

https://www.sacksteinlaw.com/2019/07/10/what-types-of-swimming-pool-injuries-and-accidents-can-occur/Swimming pool injuries most frequently occur when the weather is hot. During the summertime in particular, going for a swim has been a favorite pastime.

Although swimming is a lot of fun, safety is also an issue. One of the best preventions against accidents is understanding the risks involved with swimming pools.

Types of Swimming Pool Injuries and Accidents

Diving Injuries

When diving into a swimming pool, swimmers may not give a second thought to how deep the water is. Yet, diving into water that is too shallow can cause serious injuries. Diving into shallow water can cause brain, head or neck injuries. In serious cases, injuries can lead to brain damage or paralysis. In addition, if the diver is knocked unconscious, he or she could drown.

Whenever diving into a pool, it’s vital to notice the depth of the water beforehand.

Pool Drain Injuries

Swimming pools have drains as part of their filtering systems to keep the water clean. Many people, and in particular children, may not know to stay away from the drains. Swimming pool drain injuries can be severe and are not that uncommon. The Journal of Emergency Medical Services (JEMS) reported that certain drains exert up to 300 pounds of pressure per square inch. While most drains have tightly fastened covers to secure them, an improperly covered drain is capable of causing serious injury or death.

The drain’s suction is so strong that it can tear organs from a body. Unfortunately, this has happened in drain accidents. Read More

Slip and Fall Injuries

Many pools have signs that say, “No Running.” Areas around the pool often get wet. Water drips off people’s bodies and swimming suits as they leave the pool. As a result, wet surfaces tend to be slippery, and running can increase the chances of slip and fall injuries. Read More

If you are involved in a swimming pool accident and suffer serious injury, you may have legal grounds to pursue a case. New York swimming pool injury attorneys can review the circumstances surrounding your injury and discuss the prospects of taking legal action.

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