The Harding Law Firm News

Hurt on the job?

The Harding Law Firm - Wednesday, May 27, 2015

Hurt on the Job?

—Seek Advice from a Personal Injury Lawyer

Most people take care to avoid an injury at work, but if it does occur, it is important you know what happens after an injury. Whether it was on a construction site or in an office, taking the right steps will ensure a faster recovery and an easier time recovering your losses. You have rights, so if you are injured, you may be entitled to compensation for lost wages, medical bills and permanent or short-term disability.

Workplace Injuries are More Common for Construction Workers

The construction industry is among the most dangerous. According to data from NYC Buildings, there were a total of 186 accidents, 195 injuries and three fatalities in New York City in 2013. The CDC stated that construction workers encountered the highest number of job-related fatalities of any industry in 2009.

Because construction workers deal with heavy machinery, work at extreme heights and handle chemicals and other hazardous materials, they are at high-risk for injury.

5 Things to do After a Workplace Injury—Advice from a Personal Injury Lawyer

Workplace injuries can happen anywhere and cause a multitude of injuries – from traumatic brain injuries to broken bones to severe burns or even death. If you are injured at work, make sure to follow these five essential steps:

  • Assess Your Injuries – A minor injury can become serious if it is not treated in time. Even a cut should be checked out, because that cut may become infected if it is not cleaned and bandaged properly.
  • Report the Injury – It is imperative you report an injury to your employer as soon as possible. Alerting them about the injury ensures they file workers’ compensation claim paperwork, and it also preserves your right to compensation.
  • Get Medical Attention – You have the right to go to the emergency room or visit a physician. If prescribed medication or treatment, do not default on those items – this could result in a decrease in benefits or no benefits at all.
  • Rest – Take the time off work that you need without worrying about your job. While your employer may not be required to hold the position for you, you have the right to claim compensation for your lost wages.
  • Speak with a Personal Injury Lawyer – A personal injury attorney will help protect your rights, guide you through your workers’ compensation claim and help you decide whether a lawsuit or insurance benefit is the right choice for your losses.

To speak with a personal injury lawyer, contact Charles Harding. You have the right to claim compensation for your work-related injury and losses. Call 518-384-3400 and book a free consultation today.

What constitutes medical malpractice in NY State

The Harding Law Firm - Wednesday, May 13, 2015

What Constitutes Medical Malpractice in NY State?

—Get Advice from a Medical Malpractice Lawyer

An injury caused by a medical professional may result in a medical malpractice claim. However, it is important to understand what factors determine if you have a medical malpractice claim in the state of New York. If you are not sure whether you have a valid case, contact a personal injury attorney in the area for a case assessment.

What is Medical Malpractice?

Medical malpractice is negligence during treatment and care for a patient by a medical professional. That negligence resulting in substandard medical care may have caused an injury or in the worst case, even death. Those who can be held liable for these types of injuries include, but are not limited to:

  • Physicians
  • Nurses
  • Medical Assistants and Physicians Assistants
  • Care workers
  • Hospitals
  • Clinics
  • Doctors’ Offices
  • Nursing Homes

Key Steps in Proving Medical Malpractice

Just because a patient had an unsatisfactory experience with a medical professional does not automatically constitute malpractice. From a legal standpoint, you are required to prove that the standard of care was breached. To do that, a medical malpractice lawyer must show:

  • That the medical provider was negligent. This is done by comparing the actions of the medical professional to the actions others would have taken in similar situations. If the physician or medical professional failed to act within a reasonable standard of care, they may be held liable for any injuries or deaths that occurred.
  • The breach of care caused injury. A breach of care is not enough. You must also prove that the breach of care resulted in your injuries.
  • The injuries created damages or losses. Lastly, the injury you encountered caused damages (such as additional medical costs, lost wages, physical pain and emotional suffering).

If you suspect you have been a victim of medical negligence, speak with a personal injury attorney right away. There is limited time to file these types of cases in New York. According to malpractice laws, you have two-and-a-half years from the time of the injury to file, but the sooner you file your claim, the easier investigations may be.

To speak with a personal injury attorney, contact Charles Harding. You have rights, regardless if a physician, nurse or medical assistant caused you to suffer from injury during treatment. Call 518-384-3400 and book a free consultation today.