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The Top 5 Workplace Injuries

/ Construction Accidents /

The Top 5 Workplace InjuriesNEW YORK – Construction isn’t easy but someone has to keep building. That onus is on the backs of more than 1.5 million construction workers and carpenters in America. While many of them avoid injuries, accidents can happen – and they’re often costly when they do.

According to new study from Travelers, the average claim can cost anywhere between $8,000 to more than $42,000 and some injuries can cost over $100,000 to treat.

The Most Common Accidents

  1. Material Handling – 32%
  2. Slips, trips and falls – 16%
  3. Struck by object – 10%
  4. Tools accident – 7%
  5. Body overuse – 4%

The Most Common Injuries

  1. Strains/Sprains – 30%
  2. Cuts or punctures – 19%
  3. Contusions – 12%
  4. Inflammation – 5%
  5. Fractures – 2%

‘Material Handling’ simply means carrying an item. A New York construction accident lawyer at Cellino & Barnes says many workers can pull or strain muscles by lifting heavy items. While most of these injuries are minor, they can sometimes affect your job.

“Workers are lifting items in just about every industry in New York,” construction accident lawyer Ross Cellino said. “It’s no surprise that it’s the most common injury – but it can also leave a worker sidelined for weeks as the medical bills pile up.”

New York construction accident attorneys say most workers can get fully compensated for their injuries and lost wages but it often requires a skilled attorney to obtain a fair deal.

“Insurance companies want to pay as little as possible and that can be very frustrating for workers,” Cellino said. “Our lawyers have seen the devastation construction injuries can have on a worker and their family and we understand that a fair settlement can go a long way.”

Of course, it’s best to avoid injuries if possible.

Safety advocates urge both workers and managers to make the job site as safe as it can be. This includes:


    • Preventing slip and falls by keeping job sites clear of obstacles and hazards


    • Use caution when working from heights. Educate workers about proper safety practices and always place ladders on stable surfaces.


    • Provide safe equipment. In construction, tools and machines often require regular maintenance and should continually be reevaluated for safety.


    • Rest and reduce stress. Overuse injuries are among the most common on job sites. Proper rest and techniques can reduce your risk of injury.


    • Create a safety culture. Safety should be everyone’s top priority and all concerns should be properly addressed to prevent accidents from happening.

Even when these suggestions are followed, accidents can happen. If you’ve been injured on the job, contact a New York construction accident lawyer at Cellino & Barnes today for a free case evaluation.

For more information about the newest safe construction practices and techniques, follow Cellino & Barnes on Twitter.

This Summer’s Foodborne Illnesses

/ Personal Injury /

This Summer’s Foodborne IllnessesROCHESTER, N.Y. –Millions of families across America are hopping on the bandwagon and heading outside for events and parties where there will be food. Lots of food.

What eaters aren’t always aware of are the microscopic dangers some foods pose – specifically meat, poultry and catfish. If these foods aren’t handled properly, people can get sick. Very sick.

That’s why the Safe Food Coalition is currently petitioning the U.S. Department of Agriculture to revise its rules and inform consumers of safe handling practices.

A foodborne illness attorney at Cellino & Barnes says thousands of people become seriously ill after eating contaminated food and many of these incidents occur during the summer.

“People are throwing parties and having cookouts and more families are out visiting restaurants in Rochester,” foodborne illness lawyer Ross Cellino said. “The warmer weather also creates ideal conditions for some bacteria and it’s not uncommon for companies or businesses to mishandle their products.”

Food suppliers are mandated by federal regulations to include a Safe Handling Label which includes the following suggestions:

  • Keep refrigerated or frozen
  • Keep raw meat and poultry separate from other foods.
  • Wash working surfaces, utensils and hands after touching raw meat or poultry
  • Cook thoroughly
  • Refrigerate leftovers immediately

Safe Handling

This label has gone unchanged for more than 20 years and throughout that period, it has often been criticized.

A study published in 1998 found that consumers couldn’t read the small type on the instructions. Researchers concluded that foodborne illnesses could be reduced by improving the label and including more detailed instructions… but nothing changed.

According to the Safe Food Coalition, the current label is not good enough and many people still become ill, even if the instructions are followed to the letter.


Stoves, grills and microwaves vary. Foods often cook faster or more slowly in different appliances. In many cases, bacteria can survive the high temperatures and make its way into your body; potentially making you very ill.

“Many cooks simply read the directions and they assume the food is cooked thoroughly,” Cellino said. “In some cases, it’s not and that can have dangerous consequences.”

The Safe Food Coalition wants safe handling labels to be updated to include recommended internal temperatures – and rest time requirements that allow bacteria to die off after cooking. The petition also asks for instruction labels on all raw fish products.

The request is backed up by years of research on cooking behaviors and lab studies that analyzed survival rates of bacteria and pathogens at specific temperatures. Food safety advocates believe more specific labels and the widespread use of thermometers would help reduce the number of foodborne illnesses.

These illnesses include:

“Using a thermometer to verify internal temperatures of food is one of the easiest ways to avoid foodborne illnesses,” Cellino said. “Unfortunately, many cooks don’t do this and it raises the risk of undercooked food in both commercial and social settings.”

Among its suggestions, the Safe Food Coalition is calling for more specific information on safe handling labels including:

  • An end-point temperature for raw foods and “rest-time” requirement
  • Instructions to use a thermometer 
  • Handling, storage, and temperature control information
  • Updated graphics featured on the www.foodsafety.gov website, instead of the graphics currently displayed
  • A web address on the package for additional information on meat, poultry and catfish cooking recommendations

If you or a loved one has fallen ill due to a foodborne pathogen, the Rochester foodborne illness lawyers at Cellino & Barnes have helped many families obtain the best result possible. Contact a lawyer today for a free case evaluation.

100 Dangerous Days of Summer

/ Car Accident, Driver Safety /

100 Dangerous Days of SummerBUFFALO, N.Y. – Everyone looks forward to summer. Sunshine, barbecues, days at the beach, and summertime road trips. That’s the good stuff. Sadly though, it’s also the most dangerous time of year.

Since 2010, more than 5,000 people have been killed in crashes involving teen drivers during what’s called the ‘100 Deadliest Days.’ According to AAA, deadly crashes historically climb during this dangerous time between Memorial Day and Labor Day.

A Buffalo car accident lawyer at Cellino & Barnes says the crash rates for teens skyrocket in the summertime weather and it puts everyone at risk.

“Teenagers are more likely to be involved in a car crash than any other age group and this is particularly apparent during summers in Buffalo,” car accident lawyer Steve Barnes said. “Summer is a great time to learn how to drive but it’s important to teach young drivers responsibility and safety before they’re driving on their own.”

In 2013, more than 370,000 people were injured and nearly 3,000 people were killed in crashes that had a teenager at the helm. Many of those accidents occurred during the months of June, July and August.

“The weather is nice, teens are off of school and they have the keys to the car,” Barnes said. “It’s a dangerous combination.”

Progress has been made in recent decades. Injuries to teen drivers have decreased by more than 50-percent and crashes involving teens at the wheel have dropped by roughly 20-percent. However, crashes are still the leading cause of death among teenagers.

In an effort to improve road safety for everyone throughout the summer, Buffalo car accident attorneys are urging everyone – drivers, bicyclists and pedestrians – to be mindful that they’re sharing the roads with young drivers.

For safety tips and the latest news, Follow Cellino & Barnes on Twitter.

Jury: Talc Behind Ovarian Cancer

/ Defective Products, Personal Injury /

talcNEW YORK – You may have used a simple silicate mineral for years without knowing it could cause cancer. Silicon, magnesium and oxygen together form talc, which in its powder form is a popular product often used on babies and heavily marketed to women.

The problem is, talc could cause ovarian cancer.

Last month, a Missouri jury ordered talcum powder manufacturer Johnson & Johnson to pay $55 million to a woman who said that using the company’s talc-containing feminine hygiene products caused her to develop the deadly cancer.

The verdict follows a similar order in February, which awarded an Alabama family $72-million in damages after a woman who used talcum powder as a “bathroom staple for decades.” That woman, Jackie Fox, passed away in October 2015 at the age of 62, more than two years after her diagnosis.

A talcum powder attorney at Cellino & Barnes said thousands of women claim they’ve developed cancer after using talc and many companies have refused to warn consumers about the potential dangers associated with their products.

“For decades, scientists and doctors have urged companies to warn consumers of the risks  but the billion-dollar pharmaceutical giants never did that,” talcum powder lawyer Ross Cellino said. “Instead of warning their customers of the cancer risks, companies heavily marketed talcum powder as a safe product for both babies and women.”

A commercial that aired in 1986 marketed talcum powder as a “soft” product that you’ll “never out-grow.” Another commercial circa 1989 encouraged women to “Baby Yourself with Johnson’s” baby powder.

Manufacturers, including Johnson & Johnson have argued that regulatory reviews “have determined that talc is safe” for cosmetic use and that current labeling practices are adequate.

Several juries have disagreed with that assessment and the lawsuits against Johnson & Johnson are piling-up. More than 1,200 women have pending litigation against Johnson, claiming its talcum powder had devastating effects on their health.

At Fox’s trial, an internal memo from a Johnson & Johnson consultant was submitted as evidence. The memo suggested that the link between talc and ovarian cancer is as obvious as the link between smoking cigarettes and lung cancer; if the company refused to acknowledge the risks, it was “denying the obvious in the face of all evidence to the contrary.”

Johnson eventually eliminated some probable carcinogens like formaldehyde from its baby and personal care products in 2015. However, it took years of petitions and a boycott threat for the company to agree to the change.

In its natural form, talc contains deadly asbestos fibers. If inhaled, natural talc products could cause another cancer, mesothelioma. Talcum products used in American homes have been asbestos-free since the early 1970s but there are still concerns over their safety.

According to a study from Boston’s Brigham and Women’s Hospital, those who regularly used talcum powder for feminine hygiene experienced a higher rate of ovarian cancer – 33-percent higher.

In many cases, doctors have found talc particles inside cancerous ovarian tissue. Talc has also been identified in pelvic lymph nodes, which indicates that it can migrate all the way out of the fallopian tubes and into a woman’s abdomen.

Talcum powder attorneys say big pharma companies have continued to deny the risks despite strong evidence that there is indeed a link between talc and ovarian cancer.

If you or a loved one has been diagnosed with ovarian cancer and you suspect talc was a factor, contact a talcum powder attorney at Cellino & Barnes today for free case evaluation.

For the latest information on talcum powder lawsuits and public safety, visit Cellino & Barnes on Facebook.

Defective Airbags Are Still Getting Installed in Cars

/ Car Accident, Dangerous Products /

Defective AirbagsNEW YORK – The largest recall in U.S. history keeps getting bigger. At least four major automakers; Toyota, Fiat Chrysler, Volkswagen, and Mitsubishi continue outfitting new vehicles with defective airbags, according to a new Senate report.

Currently, more than 40 million vehicles are being recalled due to faulty air bag inflators manufactured by Japan’s Takata Corp. According to the National Highway Traffic Safety Administration, the air bags have been known to explode with such force that it creates deadly shrapnel that can seriously injure or kill drivers and passengers.

It’s safe to say that many American politicians are not happy with the findings in the new report which was issued on June 1st. Federal safety regulators recently expanded the recall to include an additional 35-40 million vehicles, adding to the already record recall of 28.8 million inflators.

A Long Island car accident lawyer at Cellino & Barnes says the recall is becoming a crisis because there are not enough parts to fix the extraordinary number of vehicles being called back.

“This company held 20 percent of the world market at one time so there could be millions of vehicles with dangerous air bags in Long Island,” car accident lawyer Steve Barnes said. “Even if repair shops had the parts to fix all of these vehicles, many drivers could be waiting years just to get an appointment with a mechanic.”

The issue boils down to an explosive chemical called ammonium-nitrate, which rapidly inflates the air bag but in hot, humid conditions the chemical can degrade. Many manufacturers have addressed the issue by including a drying agent, which absorbs moisture within the inflator, but not all cars are being sold with the safer chemical mixture.

The Senate report found that some automakers continue to sell ammonium-nitrate inflators without a drying agent. According to federal officials, this is legal but the new vehicles must still be repaired by 2018.

In total, the largest auto recall could expand to impact over 70 million vehicles.

“Consumers are now buying new vehicles without realizing that they’re going to be recalled in a couple years,” Sheehan said.

A ranking Senator on the Senate Commerce Committee said the new findings are troubling for anyone who owns or plans on buying a new vehicle.

“It is absolutely ridiculous that the American consumer buys a new car, only to find out in two years that it’s going to be recalled,” Sen. Bill Nelson (D-FL) said at a news conference in his Tampa district office on Wednesday. “These cars shouldn’t be sold until they’re fixed.”

Takata inflators are suspected to be a factor in 13 deaths and more than 100 injuries around the globe.

Currently, automakers are not required to disclose whether new vehicles have potentially defective air bag inflators and some manufacturers may not disclose the recall until 2019.

The NHTSA says most vehicles are safe to drive and the inflators do not become dangerous until long-term exposure to hot, humid environments. Safety regulators say newer vehicles, at least in the short-term, are much safer than older models.

However, injuries are still occurring at astounding rates. If you’ve been injured due to any defective car part, the Long Island car accident attorneys at Cellino & Barnes have helped clients obtain more than $1.5 billion in settlements and verdicts. Contact an experienced lawyer today for a free case evaluation.

For the latest news on Takata recalls and other safety recalls, follow Cellino & Barnes on Twitter.

The #1 Injury Behind School Struggles

/ Slip and Fall /

ROCHESTER, N.Y. – High school and college students who suffered concussions are more likely to struggle learning new subjects in school. Many doctors say that can sometimes cThe #1 Injury Behind School Strugglesause students to drop-out.

Researchers at the University of North Carolina at Chapel Hill surveyed dozens of students who went to emergency rooms for concussion treatments and many others who suffered other injuries, like broken legs or a sprained wrist.

Students diagnosed with a concussion took an average of 5.4 days to return to classes while other students only took off 2.8 days, on average.

Concussions, commonly associated with sports, can be attributed to a number of accidents. A Rochester slip and fall lawyer at Cellino & Barnes says it’s very common for a person to suffer a concussion off the playing field.

“Nearly half of all concussions are caused by falls,” Rochester slip and fall attorney Ross Cellino said. “Many of our clients have tripped on a sidewalk or fell on a slippery floor and the most common injury is a concussion.”

According to the Centers for Disease Control and Prevention, more than 2.5 million Americans visit emergency rooms each year after suffering traumatic brain injuries (TBIs), including concussions. In fact, TBIs contributed to more than 50,000 deaths.

For doctors, what is most concerning is that rates of TBI-related hospital visits have increased by more than 70-percent since 2001.

“Concussions affect everyone and they could have long-term effects, especially in children,” Cellino said. “Whether a person has been injured in a slip and fall or a car crash, it is important to talk to a doctor and seek legal advice because concussions can be tricky and that person may never truly recover from it.”

Researchers found that nearly half of all students who suffered a concussion needed academic help, like tutoring weeks after the injury occurred.

Lead author Erin Wasserman said the concussion causes an energy crisis in the brain and it takes a while to fully heal. Wasserman says that’s why many people experience headaches, dizziness and they often have trouble sleeping.

“Many of the symptoms associated with concussions can cause problems of their own,” Cellino said. “It’s very difficult for a person who can’t sleep or is constantly under the pressure of a headache to operate at full-capacity and that can translate into problems at school or work.”

Health professionals say students often encounter problems with their vision or eye movements following a concussion, which can also impact a child’s or young adult’s capability to learn.

Doctors and researchers have yet to determine what exactly triggers the learning difficulties or how to prevent them following a concussion but in many cases, a person can be compensated for their injuries. If you or a loved one has suffered a concussion, a Rochester slip and fall attorney at Cellino & Barnes could help obtain the maximum amount available.

Our Rochester slip and fall lawyers at Cellino & Barnes have represented clients across Central and Western New York with high success rates. Contact an attorney today for a free case evaluation.

Client Thanks

I would like to thank your firm for representing our family on behalf of my late husband. This whole process was, at times, difficult for us and sometimes painful. But, we were always in good hands as Brian and Maria are two of the hardest working and sincerest people I have ever had the pleasure of meeting. They did a tremendous job.

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