Can You Receive Workers Compensation and Premises Liability Compensation for an Accident?
Premises liability for third parties may also apply in a workers compensation case. Depending on the circumstances of the case, a third party property owner may also be liable if their negligence resulted in injury.
For example, suppose a delivery worker drops off a package to a chemical plant. While making the delivery, an explosion occurs which shakes the building and causes a fire. The worker falls, hitting his head due to the impact of the explosion and he suffers from brain damage as a result of the concussion he sustains. In addition, the fire burns him and he must receive treatment for first degree burns.
How Does Workers Compensation Relate to this Case?
In the above example, the employee was engaged in work for his delivery company and was subsequently injured while on the job. This alone qualifies him to receive workers compensation benefits for lost wages and medical treatment.
How Do Circumstances Also Relate to Premises Liability? Read More
Our lawyers at Sackstein Sackstein & Lee, LLP have successfully handled many different types of premises liability and workers compensation accident cases. More than 65 years of legal experience enables us to provide clients with effective representation.
More Potential Penalties for Employers
Potential penalties for employers are likely to result from the amendments to the New York State Anti-Harassment Law. As the repercussions of the amendments become clearer to employers, more businesses will establish anti-discrimination work policies. Revised anti-harassment policies and stricter enforcement of them may help prevent lawsuits.
Potential Penalties that Employers Face Financially
The recent amendments enable an employee, who wins an employment discrimination case against an employer, to receive punitive damages.
What are punitive damages? A court can award punitive damages in a civil lawsuit to punish the defendant or deter the defendant’s future engagement in the same type of conduct. These are monetary amounts that the defendant must pay to the plaintiff and are also called exemplary damages. Courts award such damages in addition to other damages awarded in a case. In most cases, courts award punitive damages when the conduct is willful and intentional. (Cornell Law)
Recovery of Attorney’s Fees
Another potential monetary penalty that employers face if the plaintiff wins the case is a penalty of having to pay the plaintiff’s attorney’s fees. However, the same is not true if the employer (as the defendant) wins the case. The court will only have the employee pay the employer attorney’s fees if it can be proven that the action or proceeding filed by the employee was a frivolous lawsuit.
Seek Legal Advice and Representation
Employers can often avoid disputes and lawsuits. At Stephen Hans & Associates, our attorneys advise employers about making changes in employment agreements and other employment related policies. We also represent employers in employment litigation.
WHAT YOU NEED TO KNOW AS BOTH AN EMPLOYER AND EMPLOYEE
As I previously blogged on the topic, the New York State Senate and Assembly passed an omnibus bill that completely overhauls New York State’s dated and out of touch anti-discrimination laws, and in the process uprooted deeply engrained precedent upon which employers have relied for decades in defending harassment claims. This is good news for employees seeking to hold their employers liable for acts of harassment that take place in the work environment, but bad news for employers who will be defending those same claims.
More specifically, Governor Andrew Cuomo signed the bill into law on August 12, 2019, and the various amendments to the New York State Human Rights Law (NYSHRL), the General Obligations Law, the Civil Practice Law and Rules (CPLR), and the New York Labor Law (NYLL) will take effect as follows. Read More
As always, we at The Van De Water Law Firm is your local resource for all your legal needs, including prosecuting and defending claims of discrimination and sexual harassment in the workplace. Call now for a free evaluation and consultation at (631) 923-1314, or email us at Chris@VDWLawFirm.com. You can also visit us on the web .
Increase Breast Cancer Awareness and Schedule your Exam Today
Each year, October brings about one of the most important awareness campaigns, breast cancer awareness month. Breast Cancer is an extremely common form of cancer, specifically for women. One way October looks to spread awareness is by encouraging women to get mammograms. Mammograms are an immensely important aspect of self-care for both you and your breasts. Knowing what to expect can make the experience much more palatable, whether you are a first timer, or an experienced veteran.
One vital aspect of a mammogram is the preparation for the exam. If possible, you should choose a facility that specializes in the exam. Furthermore, going to the same facility year in and year out allows for your mammograms to easily be compared, thus providing clearer results. However, if you are going to a new place, you should bring a record of your previous mammograms. If you do not have this information readily available, you can contact the other facilities from which you received previous exams and have them sent to the facility you are using this time. This way, you can still have your exams compared. Another important aspect of preparation involves scheduling your exam. You should avoid scheduling your exam when your breasts are tender or swollen to help reduce discomfort as well as get good pictures. Try to avoid the week just before your period. Additionally, you should avoid wearing deodorant on the day of your exam. In fact, some deodorants contain chemicals that show up as white spots on your x-ray. However, you should bring your deodorant with you so you can apply it immediately after the test takes place. Don’t be afraid! Remember, only two to four in 1,000 screenings lead to a diagnosis of breast cancer.
Although it may be uncomfortable, you should discuss any recent changes or problems in your breasts before scheduling your mammogram. This means disclosing any pertinent medical history that could affect your breast cancer risk such as surgery, hormone use, breast cancer in your family, or if you have had breast cancer before. You should also inform the technologist if you are breast feeding, pregnant, or think you might be pregnant. These conditions could affect the results of the test. When you are undergoing the actual exam, there are a few things you should expect. First, you need to undress above the waist but, you will be given a wrap to wear. Don’t worry, you and the technician are the only ones who will be in the room. In order to get a high-quality picture, your breast will be flattened. In order to do this, the technologist places your breast on the machine’s plate. The plastic upper plate is lowered to compress your breast for a few seconds while the technologist takes the picture. While the compression only lasts a few seconds, the whole procedure takes about 20 minutes. It is possible to feel discomfort during compression. Don’t be alarmed! If you feel discomfort, tell the technician immediately, and they will adjust the test accordingly.
On occasion, you may need a diagnostic mammogram. A diagnostic mammogram is often done if a woman has breast symptoms or if a change is seen on a screening mammogram. While a normal mammogram typically presents two views of the breast, a diagnostic takes more pictures, focusing on the area that looked different on the initial mammogram. During the exam, the various images are checked by the radiologist so that more pictures can be taken if needed. In some cases, special images known as spot views or magnification views are used to make a small area of concern easier to see.
After you have had your mammogram exam, you should hear from your health care provider within 10 days. If you haven’t heard within 10 days, do not assume that the test was normal. In this case, you should call the facility where your exam was performed. After your exam, a full report of the test will be sent to your health care provider. You will also receive, if you went to a mammography clinic, an easy-to-understand summary of the results within 30 days, or as quickly as possible, if the results suggest cancer. If you want the full written, mammogram report as well as the summary, you need to ask for it. This October, do your part and get a mammogram. A simple 20 minute test could just save your life!
Legal Backdrop to Ed O’Bannon’s Lawsuit Against the NCAA and the California Fair Pay to Play Act
In 2008, Ed O’Bannon, the former All-American UCLA power forward, happened to see his likeness on a video game which he had never authorized or been compensated for, so he sued. He became the lead plaintiff in an antitrust suit1 against the National Collegiate Athletic Association (NCAA), the maker of the video games, Electronic Arts, and the company which licensed the trademarks of the NCAA and a number of its member schools for commercial use. Sam Keller, the former starting quarterback for the Arizona State University and University of Nebraska football teams also saw his likeness on a video game, made similar claims, and the cases were joined together (consolidated) by the federal judges because they involved such similar issues.
What Does “Antitrust” Lawsuit Mean In This Context?
Antitrust suits claim violations of the Sherman Act2, which forbids any agreement or conspiracy in restraint of trade or commerce. A clear example of this would be a secret agreement between all manufacturers of a certain product not to sell that product below a certain minimum price, which would take away any incentive for the manufacturers to lower the price to compete with one another, maintaining the price at an artificially high level. O’Bannon claimed that the NCAA, by imposing its amateur athlete eligibility rules, restrained free trade and commerce by not allowing the athletes to receive any compensation under the threat of being disqualified to play. Only the NCAA rules and the agreements between these companies prevented them from being paid. They would otherwise have a clear right to be paid for this under the established rules of commercial law.
What Happened in O’Bannon’s Case? Read More
What Happened After O’Bannon’s Case?
Video games using the likenesses of college athletes became unavailable. While O’Bannon’s lawsuit was widely blamed for this, it was reported that the video game company would have been happy to negotiate with the players, but did not do so because they feared the NCAA would stop dealing with them or sue them. See, Blame the NCAA not O’Bannon
In deciding how much O’Bannon’s attorneys should be awarded in fees after winning the lawsuit, the federal magistrate judge noted that the NCAA was a behemoth organization, and likened suing them to the game of thrones: You win or you die.
It would allow college athletes in California to sign endorsement deals; earn compensation based on the usage of their name, image and likeness without no dollar amount limit, and sign all types of licensing contracts, but it would obviously not allow them to be paid for actually playing. This law says that the NCAA cannot enforce its amateur eligibility rules insofar as they prevent college athletes from doing these things.
Is the California Law Likely to Pass?
Yes – It passed unanimously in the California State Assembly, it is expected to pass in the state Senate, and Governor Gavin Newsom is expected to sign it. It is anticipated that it will go into effect in January 2023.
What Has the Reaction to This Law Been So Far? Read More
New York State Senator Kevin Parker has introduced a bill that would not only allow college athletes to earn money from their names, images and likenesses, it would require each college to take 15% of the revenue earned from ticket sales and to pay it to student athletes. I’m sure you’ll be hearing similar things in state legislatures all over the country soon.
LeBron James answered the NCAA very well in his tweet:
Or…….because of this bill, you can work with everyone to create a national policy that is fair to the athletes.
Edward O’Bannon, et al. v. National Collegiate Athletic Ass’n, U.S.D.C. NDCA, 2016 U.S. Dist. LEXIS 44131, Case 09-3329-CW,
 15 USCS § 1 et. seq.
 See, Joseph N. Crowley, In the Arena: The NCAA’s First Century 2 (2006), available at
 The Intercollegiate Athletic Association was formed in 1906 and changed its name to NCAA in 1910.
 O’Bannon v. NCAA, 739 Fed. Appx. 890.