NEW YORK – According to an experienced Accident Attorney, New York businesses must have workers’ compensation coverage for their employees. These benefits extend to nearly every kind of employee, including those injured in a construction accident, shipyard accident, farming accident, or other type of work-related injury. If you have been hurt on-the-job in New York, you are likely entitled to benefits.
What is a “work-related injury”?
It may seem obvious that work-related injuries take place at work; however, certain facts of a case may make it difficult to validate a claim. Some examples of obstacles that may deter a workers’ compensation claim are:
The incident occurred during the employee’s break
The incident occurred during a company event
The incident occurred through the victim’s own misconduct
The incident occurred because a work duty exacerbated a preexisting health condition
Receiving workers’ compensation benefits after a construction accident may still be possible in the above situations depending on other facts of the case, which is why we always suggest calling an experienced personal injury lawyer for a FREE case evaluation.
What are my rights if I get hurt at work?
Very few businesses are exempt from complying with New York’s workers’ compensation laws, meaning that, if you work for a company of any size, part-time or full-time, or even if you volunteer, you likely have benefits waiting for you if you become injured or ill in the workplace.
By law, it is your right to file a claim through your employer’s workers’ compensation insurance policy when you become injured or ill at work.
You also have the right to see a doctor and receive medical treatment.
If your doctor releases you, you have the right to return to your position in the workplace.
If you cannot return to work because your injury or illness prevents you from doing so, whether the condition is permanent or temporary, you have the right to disability compensation.
You have the right to appeal any decision made by your employer, your employer’s insurance company, or the New York Workers’ Compensation Board.
You have the right to an attorney to represent you throughout the process of obtaining workers’ compensation benefits or that of filing a lawsuit against your employer.
How You May Lose Certain Rights
If you choose to pursue workers’ compensation benefits, you automatically void the right to sue your employer, coworker, or any other party that may be responsible for your injuries. Additionally, failing to report the injury altogether can cause you to lose the opportunity to receive workers’ compensation benefits. It’s important to report your accident to your employer as soon as possible, as there is a short window of time in which you may pursue a claim.
Our Bronx construction accident attorneys have helped many workers get the best results possible from their claims, and it all starts with on call. Discussing your rights and legal options with a qualified workers’ compensation lawyer in New York. At Cellino & Barnes, our top priority is to help you get the maximum compensation you are entitled to by law.
Call one of our Bronx construction accident lawyers at any time for a free case review.
NEW YORK – Although it falls on a Wednesday this year, AAA projects nearly 47 million Americans will travel somewhere for the holiday. If this forecast comes true, it will set a new travel record. Unfortunately, it’s also one of the most dangerous holidays to be on the road. According to our accident attorneys, New York State Troopers will respond to hundreds of accidents over the holiday week.
Not all holiday-related accidents are related to motor vehicles, so our Brooklyn personal injury lawyers have laid out a number of common injury-causing accidents that are common around the Fourth of July, and what you can do if you’re a victim.
New York Car Accidents
Cellino & Barnes has helped thousands of New York car accident victims get compensation for their injuries. We know car accidents, and we’ve seen just about everything that can happen on the roadways. Some of the most common accidents stem from one of the following mistakes:
Following Too Closely
Unfamiliar With The Area
All of these occur more often during holiday weekends. If you’ve been injured in a car accident, our Brooklyn car accident lawyers urge you to first seek medical attention, never admit fault, and contact us as soon as possible. Even if you’re not sure if you have a case, our experienced legal team can help point you in the right direction for help.
New York Fireworks Injuries
What’s a Fourth of July holiday without fireworks? That would be a shame. Our Brooklyn accident attorneys want you to have fun over the holiday – but please, do it safely!
Every year, we see news stories about someone who has seriously been injured by fireworks. Many of these cases boil down to improper usage of fireworks, but sometimes bystanders can get seriously hurt. Whether you were at a fireworks show or at someone else’s home, the property owner has a responsibility to keep everyone safe from harm. Too often, things get wild – and dangerous!
If you’ve been injured in a fireworks accident, the first thing you need to do is get medical attention. Once you’ve seen a doctor, give our team a call. Our accident attorneys have years of experience helping New Yorkers get compensation which can help pay for medical bills, rehabilitation costs, and lost wages resulting from a fireworks accident.
New York Carnival Ride Accidents
According to our accident attorneys, New York hosts dozens of carnivals each summer, and accidents have happened at almost every single one of them. Many of these accidents are minor and go unreported, but there are a few that seriously injure carnival-goers.
If you or a loved one has been hurt on a roller coaster or a carnival ride, get immediate medical attention. Statistics have shown that recovery times can be drastically reduced if injuries are addressed as soon as possible. After you’ve visited the hospital, give Cellino & Barnes a call. We have Brooklyn roller coaster accident lawyers who have won substantial settlements and verdicts for many carnival ride victims.
New York Pool Injuries
One way to beat the heat this summer is a trip to the public pool.
We’ve all seen the pool rules posted, and it’s important to adhere to these rules for your own safety. It’s equally important to have a vigilant lifeguard on duty, because accidents do happen.
If you or a family member has been injured in a swimming or slip and fall accident at a local pool, give our experienced team a call. You might be surprised at what Cellino & Barnes could do for you and your family.
BUFFALO, N.Y. – Accidents impact millions of lives every year. Some accidents may result in minor cuts and bruises while others are more serious, and could require years of expensive medical treatments. In either case, accident victims often ask the question, Do I Need A Personal Injury Lawyer?
The Buffalo personal injury lawyers at Cellino & Barnes hear this question all the time, and the answer is different for everyone.
Do I Need A Personal Injury Lawyer?
If you’re asking this question, you probably need a personal injury attorney. It’s crucial to at least consult with a personal injury lawyer before making a decision on whether to file a claim or not. Even in cases where the insurance company has assured reimbursement of some medical costs, you could be leaving thousands of dollars on the table if you don’t have an experienced legal team on your side.
Anyone can file a personal injury claim, but each claim has deadlines and procedures that must be followed. In addition, you need to have a thorough understanding of ever-changing laws and the legal system.
In accident cases, an experienced Buffalo personal injury attorney can help protect your legal rights, and handle all aspects of your case, including:
Confusing (but necessary) paperwork
The insurance company’s legal team
Changing laws and requirements
Negotiating a settlement
Hiring expert witnesses to help your claim
Not all law firms are the same. Many lawyers actually charge you just to have a conversation with them. At Cellino & Barnes, our consultations are always FREE. You can call our Buffalo personal injury lawyers anytime, day or night, for a FREE case evaluation. If you prefer, you can also contact us online.
NEW YORK – Workplace injuries are often complicated – but they don’t have to be! Many injured workers ask our New York construction accident lawyers, What Is The Time Limit For A Work Related Injury?
Legally speaking, each state has a law called a Statute of Limitations which tells an injured person how long they have to file a personal injury claim. Workplace injuries are no different.
What Is The Time Limit For A Work Related Injury?
Workers usually have two years after the date of the accident to file a personal injury claim. However, there are some exceptions:
If the insurance company has already provided some medical benefits.
If the employer has already paid for or provided medical benefits.
The accident happened in a different state.
Each state has its own unique statute of limitations which tell workers how long they have to file a personal injury claim for a work related injury:
2 years from the date of accident OR 2 years after the last compensation payment
30 days notice
1 year of the date of accident
2 years of the workplace accident OR 1 year after the last compensation payment
1 year from the date of accident
2 years from the date of accident
1 year from the date of accident OR 3 years after the first signs/symptoms of a workplace injury/illness
District of Columbia
1 year from the date of accident
2 years from the date of work zone accident OR 5 years after the last compensation payment
2 years from the date of accident OR 1 year after the last compensation payment
1 year of the accident
2 years after first symptoms of injury or illness AND within 5 years after the date of the accident
No time limit OR within 1 year after the last compensation payment, if paid for more than 4 years
2 years after the last worker’s compensation payment OR 3 years from the date of injury
2 years from the date of construction accident OR 2 years after last worker’s compensation payment
2 years from the date of accident OR within 3 years after last worker’s comp payment
200 days after the accident OR 200 days after last benefits payment
2 years after the initial injury OR last payment of benefits
1 year after the date of injury OR 1 year after symptoms develop… but no later than 2 years after a construction accident
2 years after employer’s deadline to file a First Report OR 2 years after the date of injury if no First Report was filed
2 years after a workplace accident OR within 18 months after a work-related fatality OR within 1 year after symptoms of illness
4 years after injury or illness symptoms manifest
2 years after a workplace accident
3 years after a First Report of Injury is filed with the Minnesota Dept. of Labor and Industry OR within 6 years of the injury
2 years after a work accident OR 1 year after filing of Form B-31 OR 1 year after a claim denial
2 years after a construction injury OR 1 year after the last disability payment
1 year after an accident OR within 2 years of first diagnosis/symptoms of illness
2 years after the accident OR 2 years after the last payment of compensation
90 days from the accident date. Note: You must file a Form C-4, and have the medical provider sign and date it within this time frame
2 years after the accident
2 years after a workplace or construction injury OR 2 years after the last worker’s comp payment
1 year after the insurance company has started to pay you OR 1 year after a claim is denied
2 years after the accident OR 2 years after the last payment of worker’s compensation
2 years after the date of an injury. Note: Form 18 must be filed with the state’s Industrial Commission within this time frame
1 year from the date of a workplace accident or construction injury
2 years after a construction accident or workplace injury OR 2 years after first injury symptoms OR 6 months after an illness is diagnosed
2 years after an accident OR 2 years after the last worker’s compensation payment
2 years from the date of the accident OR 180 days after a claim is denied
3 years after an injury OR 300 weeks after the last exposure for occupational disease claims
2 years after a construction accident or workplace injury
2 years after an accident or the date the injury was diagnosed/discovered
1 year after an accident
1 year after the date of an injury. Note: Form C40B must be filed
1 year after an injury is diagnosed
1 year after the accident
6 months after a construction accident or work zone injury. Note: if employer had knowledge of an injury, deadline can be extended
2 years after an accident
1 year after a work injury
6 months after a work or construction accident OR 3 years after a worker was exposed to an occupational disease
2 years after a worker has been injured OR 12 years if the employer knew or should have known about the injury
1 year after the accident date OR 1 year after a injury diagnosis
The New York construction accident lawyers at Cellino & Barnes say worker’s compensation is often complicated, no matter what state the accident happened in. If you’ve been injured on the job, talk to an experienced personal injury lawyer for FREE.
If you have any questions about your injury, the insurance company, worker’s compensation. or state laws, our team is here to help 24/7.
NEW YORK – You are a good person, trapped in a bad situation. As New York personal injury lawyers, we see this scenario all the time; and one of the most common questions we hear is: What Should I Settle For In A Car Accident?
Unfortunately, that bad situation can quickly get out of hand without the right help on your side.
The insurance industry has made the claims process so convoluted that it’s nearly impossible for the average person to understand. In some cases, they’ve even used ethically questionable techniques to gain an upper-hand on accident victims, who are just trying to get what’s fair.
What Should I Settle For In A Car Accident?
Even before you start negotiating a settlement, gather all the information you can get about your accident. Where did it occur? Who’s at fault? Do you have an accident report? Did you get medical attention? Answering these questions and others will help you get the best result possible. It will also help you calculate a reasonable amount of compensation owed to you.
So, how do you settle a claim without getting screwed by the insurance company? Here are some tips anyone who’s been involved in an accident can follow:
Get Immediate Medical Attention. NO IFS ANDS OR BUTS ABOUT IT. Not seeking medical treatments and failing to follow-up with your doctor tells the insurance adjuster that you’re not really injured. If you really were hurt in an accident (even if it’s minor), see a doctor right away and document everything.
Get Your Information Together. Take pictures of the crash scene. Get statements from witnesses and other the driver(s) involved. WRITE IT DOWN. Grab a copy of the accident report, too!
NEVER EVER Speak To An Adjuster. Why is the at-fault party’s insurance company calling you? They’re checking-up on you, and writing things like this: “Well, they didn’t seem injured when I talked to them,” or “They told me they didn’t get medical attention, so the injury must be minor.” They have the whole conversation recorded.
Get Legal Representation. Although anyone can file a claim, insurance is so complicated now that you might need a law degree to understand it. Your first call after an accident should be for medical attention. Your second call should have you dialing a phone number of an experienced, local legal team.
At Cellino & Barnes, a New York personal injury lawyer will walk you through your case from day one, and help you achieve the best result possible. Our team approach has been successful in all 50 states, and we’ve helped our clients obtain over $2 Billion in settlements and verdicts.
If you have any questions about the claims process, or if you want file an accident claim, call us! The call is FREE – and our experienced New York personal injury attorneys are happy to help.
NEW YORK – There are roughly 3-million car accidents in the United States every year. Being involved in one can be hectic and stressful, so it’s important to know what you should do if you’re involved in an accident.
Here’s a checklist:
Put Yourself First – Check yourself for injuries like broken bones, cuts or bruises.
Check Your Passengers – If you have others in your vehicle, check them for similar injuries. If anyone in your vehicle is injured, immediately call for medical assistance.
Do Not Move Your Vehicle Unless Instructed By Authorities – If anyone was moderately or severely injured, police will likely need to reconstruct your crash. This process is much easier if the vehicles are not moved. Even if other drivers insist on moving your vehicle, refuse until the police have arrived.
Contact Authorities – If anyone is injured, call 911. This service will direct the proper authorities to your crash scene. This could include police, the fire department and an ambulance service.
Assess the Damage – NEVER leave the scene of an accident for any reasons. NEVER admit fault for an accident. Even if you believe you are responsible, there may be other factors that contributed to your accident; the other driver may have been under the influence of drugs or alcohol, or the traffic light may have malfunctioned. There are many variables that must be assessed before determining who is at fault.
It is also important to write down the license plate numbers of all other drivers involved. If for any reason a driver decides to flee from the accident scene, you will have vital information that can help police locate the other driver.
If possible, immediately take pictures of the accident scene before other drivers move their vehicles. Be sure to take photos from multiple angles and include pictures of the intersection or roadway markers. These photographs could be helpful later.
Exchange Information With Other Drivers – Gather all the information you can. Get the names of every driver involved, and every passenger too.
Take Notes – While you’re waiting for authorities to arrive, write down everything you can remember about the accident.
Where were you going?
What time was it?
What are the weather conditions?
Where did the incident happen?
Were there any injuries? If so, what were they?
You may need to answer these questions later, and relying on your memories of an accident can be difficult, and they’re often incomplete. A written record of what you saw and what you heard is the most accurate way of recalling these events.
WHEN TO CONTACT AN ATTORNEY
If you or any of your passengers were injured in a crash, contact a Long Island car accident lawyer at Cellino & Barnes. Our consultations are FREE and our attorneys are available 24/7 to answer your questions.
Drivers: If you were injured in a car crash and you believe the accident was not entirely your fault, our Long Island car accident lawyers can provide you with a FREE case evaluation. Hiring an attorney ensures that your legal rights will be protected.
Passengers: Regardless of who was at fault, you may be entitled to compensation for any injuries incurred as the result of a car crash. The Long Island car accident attorneys at Cellino & Barnes can protect your rights as a passenger and ensure that you are getting the best result possible.
Contact a Long Island car accident attorney today to find out what your case is worth.
NEW YORK – Winter has wrapped up (about time) and the temperatures are starting to rise, but some places already have amazing weather. It’s time for a spring vacation! But before you leave the city for a Gulf-coast beach, be prepared – and make sure your spring break isn’t wrecked by serious injuries, or complicated legal matters.
Some of the first types of injuries we think about during spring break are often alcohol related. Binge drinking is dangerous without combining other activities, but each year there are a handful of spring breakers – usually college students – who are hospitalized, or even killed, after drinking way too much.
However, many accidents happen to innocent victims who are completely sober, and trying to make the most of their vacation.
Some of the most common spring break injuries include:
Assault and other criminal injuries – Sadly, some of our favorite tourist destinations are also troubled by high crime rates. Criminals often target tourists knowing that out-of-towners often carry cash or valuables with them. If you are ever attacked while on vacation, it is important to file a police report immediately. In many cases, victims of violent crimes may also be entitled to compensation from the convicted criminal, property owners, or others. In 2012, a college student filed a lawsuit against a spring break party sponsor after he was beaten and stabbed at a Texas beach party.
Property negligence – these injuries can happen anywhere; from nightclubs to hotel lobbies, or even walking along a boulevard sidewalk. If you slip, trip or fall due to someone else’s negligence, a New York slip and fall lawyer at Cellino & Barnes can help you get the best result possible from a claim. Property negligence is broad, and it can also include injuries sustained as a result of falling objects, dangerous or sharp items, and others. If you believe a property owner was negligent in providing customers like yourself a safe vacationing environment, speak with a New York slip and fall attorney at Cellino & Barnes for a free case evaluation.
Bus accidents – While visiting popular vacation destinations, you may want to take a tour bus to see the sights, but we’ve all heard of recent heartbreaking tour bus accidents in the news. While it’s easy to say that ‘accidents happen,’ the truth is, almost all bus crashes can be prevented. A New York bus accident lawyer at Cellino & Barnes says it is the tour company’s responsibility to provide safe transportation to all customers. In 2015, several lawsuits were filed against an amphibious tour bus in Seattle after it lost a wheel and crashed into another bus.
Cruise ship injuries – Cruises are extremely popular spring break retreats. A cruise ship injury lawyer at Cellino & Barnes says these massive boats may also be responsible for thousands of injuries each year. Unlike your typical land-based resort, cruise ships are always moving (even when they’re docked). Some of the most common injuries stem from slippery decks, falling objects and contaminated food on a cruise. In 2015, an Illinois vacationer received a $21.5 million award from a federal court, because he was hit in the head by a sliding glass door while on a cruise.
Airplane injuries – Wherever you go for spring break, you’ll probably want to fly there. Every spring, the TSA screens over 65.1 million travelers. Most of these vacationers get to their destination without incident, but some may suffer serious injuries in-flight. While crashes are rare in the airline industry, accidents are not. It’s estimated that thousands of airline passengers are hospitalized each year after being struck by falling luggage. A New York airline injury lawyer at Cellino & Barnes says there are many other things that can go wrong on a flight, including burns from spilled hot beverages, tripping in the aisle, falling from sudden jostles, service cart injuries, and more. Recently, an airline passenger suffered a concussion and a broken nose after he was violently dragged off an overbooked flight.
Spring break is a great way to get away from the city and all its worries, but accidents can happen anywhere. At Cellino & Barnes, our attorneys have won cases in all 50 states, and internationally. If you or a family member has suffered injuries in a spring break accident, the New York personal injury attorneys at Cellino & Barnes can explain your unique path to potential compensation, for free.
BUFFALO, N.Y. – As we age, we become more susceptible to injuries. Those over the age of 75 are more likely to suffer catastrophic injuries in a car crash than any other age group. But one study has found ways to improve their chances on the road.
These safe driving courses honed-in on several high risk driving situations, including:
Driving at night
Driving in the rain
Driving in peak traffic hours
Driving on highways
Driving in school zones
Following the courses, researchers attached GPS devices in their cars to collect data on their driving behavior. The study found that the older drivers who took the safe driving program were more likely to regulate their driving patterns, and avoid the times and areas that were considered risky for their age.
Those who were subjected to the intervention also reported a strong willingness to change how they drive.
Researchers are now continuing their study to find out specifically how age impacts a person’s driving habits.
YOU’RE A SAFE DRIVER – OTHERS MAY NOT BE
One of the key issues study authors wanted to avoid was isolating seniors from their communities. Obviously, seniors may not be able to – or want to – completely avoid driving at night, or in the rain where eye sight and reaction times are critical skills for drivers to have.
The study points out that simply knowing how risky these driving situations are can significantly change a person’s driving behavior. Unfortunately, not everyone will be putting safety first when they’re behind the wheel at night.
Almost every car accident can be prevented with safe driving practices. When a negligent driver is distracted, speeding, or drunk, they can cause serious harm to themselves or others. The Buffalo car accident lawyers at Cellino & Barnes know just how prevalent these drivers can be.
In Erie County alone, more than 49,000 people received speeding tickets, and another 7,000 were cited for cell phone use, or texting while driving.
If you or a loved one has been injured by a negligent driver, our Buffalo car accident attorneys can help. We’ve obtained more than $2 billion for our clients, and all of our lawyers have trial experience, so you can be confident we will do whatever it takes to win your case.
When a car accident impacts your family, contact a Buffalo car accident attorney at Cellino & Barnes for a free case evaluation.
BUFFALO, N.Y. – If you’ve been injured because of someone else’s negligence, it’s often a wise decision to talk with a lawyer who focuses on personal injury law.
Personal injury claims are often complex and cover a variety of different accidents including slip and falls, medical malpractice, car accidents, defective products, construction injuries, and more. Since these injuries are often severe, you may need financial compensation to cover the costs associated with these accidents.
A successful personal injury claim can compensate victims for medical bills, lost wages, pain and suffering, loss of work, and other monetary damages.
The fact is, not every lawyer focuses on personal injury litigation – many law firms cover a variety of legal matters. But in most cases, the insurance companies will have their own legal team; one that is completely knowledgeable in personal injury law.
That’s why it’s important for anyone who has been injured to call an attorney who focuses on personal injury, and someone who is just as knowledgeable and experienced as the insurance company’s lawyer.
According to a Buffalo personal injury lawyer at Cellino & Barnes, a strong legal team will also have a variety of resources to help injured victims and their families get the best results possible from a claim.
As one of the largest personal injury firms in the nation, Cellino & Barnes has access to medical experts and other professionals who can help strengthen a case. The firm’s Buffalo personal injury lawyers are also trial-tested and have proven track records of success; both in negotiating settlements and putting together cases for trial.
A personal injury attorney is also convenient for victims and their families. When you file a claim, there are stacks of paperwork that go with it. Your lawyer can help complete the necessary forms, file motions, gather statements from witnesses and experts, and handle your entire case from open to close.
Every injury claim is unique but the most experienced personal injury attorneys are likely to have worked with victims who suffered similar injuries in similar accidents. When contacting a personal injury lawyer, it’s always a good idea to ask questions:
Do you focus on personal injury law?
Have you handled a case like mine before?
Have you tried any of those cases in court?
What should I expect in the coming weeks and months?
The Buffalo personal injury lawyers at Cellino & Barnes will make sure that you are treated fairly by the insurance companies and the negligent parties that may be responsible for your injuries or loss. They can make sure your claim is filed properly and on time; and they won’t take a fee unless they win your case, so you can be assured that you and your family can obtain the best result possible.
If you’ve been injured, contact a Buffalo personal injury attorney at Cellino & Barnes today for a free case evaluation.
MELVILLE, N.Y. – As colder temperatures moved across the state this week, it came with some snow. And whenever the snow falls, kids are ready to hop on their sleds and find the nearest slope to slide down but doctors and Long Island personal injury lawyers are urging parents – and property owners – to put safety first.
A new medical study by Gillette Children’s Specialty Healthcare found that almost a third of the children who were taken to the emergency room after a sledding accident suffered head injuries. In many cases, the injuries were very similar to those seen in skiing and snowboarding falls.
The results have doctors and researchers alerting parents to put helmets on their children when they’re heading out to enjoy the slopes, in any form.
Their rule of thumb is: if the sled, skis, or snowboard can go faster than you can run, wearing a helmet is a wise precaution. A Long Island personal injury lawyer at Cellino & Barnes says property owners should also take precautions to make sure an accident doesn’t happen under their watch.
“It’s now estimated that more than 20,000 kids are injured while sledding every year and over past few years, we’ve seen many serious accidents in Long Island,” personal injury attorney Ross Cellino said. “It’s important to make sure these sledding areas are safe for children and that they’re in prime condition for sledding.”
Long Island personal injury attorneys say many sledding injuries are related to the condition of the property where the accident occurred. Investigators often find dangerous hazards that sledders aren’t warned about before sliding down the hill.
In 2014, for example, a teen suffered severe injuries after hitting a chain-link fence while sledding at a Nebraska school. The school district settled the case out of court.
Whether a sledding injury occurs on public property, private property, with a helmet, or without a helmet, it is always wise to have a professional legal investigator take a look at the circumstances surrounding a sledding accident.
Cellino & Barnes has been trusted by New Yorkers for over 50 years, and with offices across the Empire State, our attorneys have experience handling many types of injuries related to winter-weather and winter sports. If you or your child has been injured while sledding, contact an experienced Long Island personal injury lawyer at Cellino & Barnes for a free case evaluation.
Cellino & Barnes 800-888-8888
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.