23 October

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Higher Costs Associated With Denied Workers’ Comp Claims

in Accidents, Construction Workers', Premises Liability

Workers’ compensation claim denial rates increased a little over one percent between 2014 and 2017, according to a white paper published earlier this year by Lockton. The increase is significant because of the increased costs associated with denied claims. The analysis examined denial rates and focused on answering two questions: What’s driving the increase? Is a high denial rate in the best interest of the employer? The top 10 most common reasons for workers’ comp claim denials include: No medical evidence of injury. No injury per statutory definition. Reservation of rights. Pre-existing condition. Idiopathic condition. Intoxication or drug-related violation. Stress non-work related. Failure to report...

16 October

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N.Y. Limo Service Operator Charged in Crash That Killed 20

Posted by orincohenlaw

in Accidents, Car Accidents, Injuries, Wrongful Death

A limousine service operator was charged Wednesday with criminally negligent homicide in a crash that killed 20 people, while police continued investigating what caused the wreck and whether anyone else will face charges. Nauman Hussain, 28, showed little emotion as he was arraigned Wednesday evening in an Albany-area court, and he ignored shouted questions from reporters as he left after posting $150,000 bond. A judge had entered a not guilty plea for him. Earlier, his lawyer said that Hussain wasn’t guilty and that police were rushing to judgment in investigating Saturday’s stretch limo wreck . But State Police Superintendent George Beach said Hussain hired...

11 October

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NJ Transit Will Miss Deadline for Installing Positive Train Control

Posted by orincohenlaw

in Accidents, Injuries, Premises Liability

Lifesaving technology aboard New Jersey Transit trains won’t be in place by a Dec. 31 deadline set by Congress, the agency’s executive director told board members. The operator of the nation’s second-biggest commuter railroad, which leads its peers for accidents and federal safety fines, instead will shoot for a two-year extension for the project known as positive train control from the Federal Railroad Administration, according to a memo to the board by Executive Director Kevin Corbett. “We expect to meet the FRA’s statutory requirements by the end of 2018 and receive federal approval to have PTC fully implemented on our rail system by Dec. 31, 2020,”...

09 October

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Jury Awards More Than $242 Million for Seat Defects

Posted by orincohenlaw

in Accidents, Car Accidents, Injuries

A Texas jury has awarded more than $242 million to a Dallas-area family who sued Toyota over what they said were defective front seats in their 2002 Lexus sedan. Attorneys for Benjamin and Kristi Reavis alleged defects in their 2002 Lexus ES 300 caused their front seat backs to collapse backward in a September 2016 rear-end collision on Central Expressway near Downtown Dallas. The Reavises children, 5-year-old Emily and 3-year-old Owen, were in the back seat, in their child safety seats, at the time of the crash. Both children were rushed to the hospital with severe head trauma. "It's a life-long injury," Kristi...

04 October

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507 People Sick After Eating McDonald’s Salad

Posted by orincohenlaw

in Accidents, Injuries, Premises Liability

Federal health officials say they've confirmed more than 500 cases of people who became sick with an intestinal illness after eating McDonald's salads. The illnesses reported earlier this year are linked to the cyclospora parasite, which can cause diarrhea, intestinal pain, nausea or fatigue. The Food and Drug Administration said Friday that 507 cases have been confirmed in 15 states and New York City. McDonald's stopped the sale of salads at 3,000 restaurants last month until it could find a different supplier. The FDA says it's still investigating the supplier of romaine lettuce and carrots. States with cases include: Iowa, Indiana, Michigan, Minnesota,...

02 October

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Should Hospitals Limit the Number of Patients Nurses Can Help?

Posted by orincohenlaw

in Accidents, Injuries, Premises Liability

The medical community is divided over a November ballot measure that would make Massachusetts only the second state with such staffing requirements. Voters this fall could make Massachusetts only the second state in the country to limit the number of patients that hospital nurses can help at one time. Question 1 would create legal ratios based on the type of patients that nurses are dealing with. Nurses aiding women during birth and up to two hours after, for instance, would be limited to one patient. If they're working with children, they could see four patients at once. In the psychiatric ward, nurses could...

20 September

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Father Lost Infant Son to Drunk Driver Change Could Save Countless Lives

Posted by orincohenlaw

in Accidents, Car Accidents, Wrongful Death

Marcus Kowal, a former mixed martial arts fighter, is co-founder of the Liam’s Life Foundation. Sept. 12 marks two years since the funeral of my 15-month-old son, Liam. He had been in a stroller, being pushed through a pedestrian crosswalk in suburban Los Angeles by my sister-in-law, who was 15 years old at the time. She had done everything right: pressed the button, waited for the lights to change and then started walking. Other cars stopped, but one didn’t. Police later estimated that the car was going 35 to 40 mph as it smashed into Liam and my sister-in-law. The car was driven...

12 September

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Two more crashes, four more deaths. Why are churches still using unsafe vans?

Posted by orincohenlaw

in Accidents, Car Accidents

Decades of government advisories weren't enough to save four people from being thrown from a 15-passenger church van that flipped on a Missouri highway this month. Three teenagers died. They were among eleven teens and two adults from Faith Chapel Assembly of God near Kansas City traveling to Arkansas when they crashed in southwestern Missouri. The driver and all other passengers were injured. The tragedy is all too familiar for families mourning the deaths of more than 600 people in 15-passenger van rollovers since 2001. That figure represents deaths in crashes where a van was the only vehicle involved. A Courier Journal investigation of early-model vans published in May found that regulators have largely...

11 July

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Pedestrians must be careful crossing roads and sharing the street

Posted by orincohenlaw

in Accidents

On behalf of Orin Cohen of Orin J. Cohen Law Walking remains one of the most popular methods of transportation in New York City. Thanks to heavy traffic and the ready availability of safe sidewalks, most people choose to walk at least some of the places they travel on any given day. Of course, there are many benefits to walking. It provides you with good exercise and ensures good cardiovascular health. It reduces your carbon footprint and expenses associated with commuting. However, walking in New York City can also be incredibly dangerous. Some businesses and homeowners do not maintain their sidewalksproperly, which could leave you at...

10 April

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Autonomous vehicle makers questioned over forced arbitration

Posted by orincohenlaw

in Accidents, Car Accidents

On behalf of Orin Cohen of Orin J. Cohen Law posted in Car Accidents on Tuesday, April 10, 2018. Lawmakers including New York Sen. Kirsten Gillibrand have asked companies involved in the development of autonomous vehicle technology to clarify their positions on forced arbitration agreements. Questions have been asked about the safety of self-driving cars in the wake of an accident in Arizona involving an autonomous Uber SUV that claimed the life of a pedestrian. Media reports suggest that Uber's terms of service would prevent individuals injured in such a crash from pursuing civil lawsuits. Manufacturers favor arbitration clauses because they avoid costly litigation and prevent plaintiffs from filing class...