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Law office of Bonnie Lawston

Edward Palermo

New York Construction site Accidents, Labor Law 240

Author: Sackstein, Sackstein & Lee, LLP

Working in the construction industry can be dangerous and construction sites are often rife with potential risk to workers. Falls from ladders and improper scaffolding is one of the leading causes of injuries on construction sites. When you fall, even a short distance you can sustain serious injuries including:

• Muscle sprains
• Broken bones
• Concussion
• Brain damage
• Paralysis

Typically, construction workers have a higher incidence of workplace injuries that require time away from work than any other industry. Although the average time away from work for injured construction workers is seven days, in some cases workers lose weeks or even months of work. Often having to do lesser or restricted upon return.

And workers’ compensation claims often do not cover all your losses and injuries. New York Labor Law Section 240 protects workers who are injured while working at elevated heights. This law makes building owners and general contractors responsible for providing proper safety protection for on-site workers. If a building owner and/or general contractor fails to employ proper safety standards, an injured worker may have cause to file a lawsuit.

Workplace injuries can be fatal

Despite strict safety regulations and concerted efforts to minimize occupational injuries, thousands of U.S. workers die every year due to workplace accidents. In 2006, there were 1,273 deaths among construction workers and of those, 14 percent were caused by falls. A study released by the Bureau of Labor Statistics in 2009 reveal that falls from ladders and scaffolding equal a combined 29 percent of all fatal workplace falls.

Contact Our New York Ladder Accident Attorneys at Sackstein, Sackstein & Lee

If you or a loved one has suffered an injury from a ladder or scaffolding accident, you should speak with an attorney immediately. Our skillful New York ladder accident attorneys can answer your questions and advise you of the legal remedies available in your case. For a free consultation, contact Sackstein, Sackstein & Lee, LLP today at 888-519-6400.

World Trade Center Bombing, Osama Bin Ladan

Cindy LeClaire

For the families of the 3000+ people who terrorists killed in the World Trade Center attack nearly 10 years ago, today’s news of the death of Osama Bin Ladan is welcome news.

As a woman who lost a dear brother and a cousin, the news brings tears to my eyes once again. My life and the lives of all the families who lost loved ones on 911 were deeply and indelibly affected.

This is a good time to say, “thank you” once again to all the attorneys out there who gave selflessly of their time to assist the families who needed legal help after 911 and to all the first responders, including the firefighters, police, ironworkers, paramedics, doctors, military personnel and countless union workers who volunteered time and efforts to help all the surviving families in need.

“Life is for the living” and we will persevere!

Thank you to the courageous and dedicated Navy Seals and Special Ops team who risked their lives to bring an end to the worldwide manhunt that began on September 11, 2001!

For the Memory that will always be in my heart of my Brother David.

Attorneys, Healthcare Professionals, Planning with Purpose

To Plan or Not to Plan
Author: Robert Goldberg, CEO

For attorneys, compliance specialists, governance executives, planners and strategists who work in the healthcare industry, their role is a blessing and a curse. Let me explain….we are blessed in that our guidance is attached to an industry in constant flux with no true north. This says, precision is ok, accuracy is not needed. This is a blessing in that nobody really knows how healthcare reform is going to impact us, but as de facto advisors, we are expected to know more than anyone about the lack of clarity!

We are cursed in the same fashion in that we are responsible for making sense out of speculation and adapting it to our own organization. We need to think like statisticians, economists, attorneys, government regulators and technology futurists, all rolled up in one. Where we have not stretched our intellectual muscles as an industry is in the area of healthcare technology planning.

So, as the title of this blog purports, we have an opportunity to Plan with Purpose. With technology becoming less of just the cost of doing business and more a driver of competitive differentiation and patient/staff satisfaction, planning with purpose is required. The challenges that technology brings to the industry are as numbered as the opportunities, so identifying the purpose is not always clear, if at all, with a technology investment. Here in lies the existing challenges with fulfilling “meaningful use” criteria or the demonstration of how the technology will improve the delivery of healthcare. And what organizations fail to do time and again is planning to plan, or figuring out the purpose. In house counsel or external hospital legal advisors are being engaged more and more to help leaders navigate the regulatory hurdles, while mitigating Stark and privacy business risks.

Many hospitals and health organizations have a “melting pot” of health information technology, often purchased from decision criteria that served a specific need, but ignored the Three P’s. They are Patients, Providers, and Process. They all have to have their deserved attention and need to be in sync. Explained…in a patient/family-centered care model, Patients can be driving the discussion about technology investment in many areas. Second, physician alignment is critical in a growing employed provider workforce, and thus Providers who are the users of clinical technology, need to validate that the technology has meaningful usability. And third, the lack of understanding how technology can provide some benefit is embedded in streamlining Processes, for which technology can augment.

So, “To Plan or Not to Plan”….it’s not only the proverbial question, but the single most critical leading indicator for effective technology implementation and adoption. Technology is not only leveraging where healthcare is delivered, but also how partnerships and business agreements are evolving. Front and center is the attorney whose seat at the strategy and planning table will become more prevalent to help senior leaders navigate healthcare reform.

Human Trafficker is Deported to US

Author: Leeds Morelli & Brown, PC

A man named Veniamin Gonikman, who is 55 years old, has been captured and detained on charges that include human trafficking, forced labor, alien smuggling, money laundering, extortion and conspiracy was arrested at John F. Kennedy International Airport. US immigration Officials hold that his company helped to traffick Eastern European women in the U.S. Gonikman is considered to be a top fugitive wanted by U.S. immigration officials. The company, known as Beauty Search Inc., was used to exploit and abuse women by forcing them, through threats, coercion, and isolation, to work as exotic dancers. The women worked in strip clubs in Detroit, where they were forced to work 12-hour days, surrendering all of their earnings to Gonikman. He is suspected of extorting more than $1 million from the victims but fled the United States before being formally charged. Authorities first learned of his crimes in 2005 when a woman who worked for him at a Detroit strip club escaped and contacted local law enforcement. The woman, who was identified as “Katya,” said she gave about $3,000 to $4,000 every week to Gonikman and his associates. If convicted, Gonikman faces a maximum of 20 years in federal prison, as well as potential fines and restitution. Full Article:

Forced labor is against the law in the United States. According to the Department of Labor, it uses a variety of remedies to enforce compliance with the Fair Labor Standards Act’s (FLSA) requirements. When Wage and Hour Division investigators find violations, they recommend changes to bring the employer into compliance and request the payment of any back wages that are due to employees. Willful violators may be prosecuted criminally and fined up to $10,000. A second conviction may result in imprisonment. In addition, employers may be subject to a civil money penalty of $50,000 for each violation occurring after May 21, 2008 that causes the death or serious injury of an employee. When a civil money penalty is issued, the employer has the right to file an exception to the determination within 15 days of receipt of the notice. Once filed, it is then referred to an Administrative Law Judge for a hearing and determination. If an exception is not filed, the penalty becomes final. The Department of Labor may also bring suit for back pay and an equal amount in liquidated damages, and it may obtain injunctions to restrain persons from violating the Act. Read More

Leeds Morelli & Brown, PC is a respected employment and labor law firm throughout Long Island, the New York Metropolitan area. Leeds Morelli & Brown, PC lawyers have experience handling overtime claims and wage and hour law violations, including violations resulting from the improper classification of employees as salaried, exempt employees based on salary. If you or someone you know is not being fully compensated for all the time you work, or your employer has improperly calculated your hours worked, then you may be entitled to overtime and additional compensation. For more information, contact Leeds Morelli & Brown, PC at 1-800-585-4658 for a free consultation.