I hate to see anyone hurt.

I really hate to see someone hurt intentionally.

But I really, really hate to see someone who is supposed to protect the public, intentionally injure a person.  So sad…

Check out this YouTube Video (http://www.youtube.com/watch?v=oUkiyBVytRQ) of a N.Y.C. police officer intentionally tackling a bicycle rider who was participating in a large group bicycle ride.  What would motivate a cop to do this?

Read the great post from The Connected Lawyer blog below regarding the absolutely ridiculous explanation provided by the officer.  Unbelievable!  He has the gall to say the cyclist ran into him when it’s clear that he ran into the biker blasting the bicyclist to the ground.  Thank God for the video or most folks would probably believe the lying officer…..

Thanks for reading,

Jim Reed

jreed@zifflaw.com

An Example of How Technology Has Changed Our Lives

via The Connected Lawyer by Bryan on 7/29/08

If you have not seen the video of the NYPD Office and the Critical Mass rider, (in which the bicyclist has been charged with attempted assault, resisting arrest and disorderly conduct) watch it below:

http://www.youtube.com/watch?v=oUkiyBVytRQ

According to the New York Daily News, the police officer described the above incident as follows:

Pogan [the officer] said he saw Long weaving in and out of lanes and obstructing traffic before he ordered the cyclist to stop. The cop claimed Long deliberately drove his bike into him, sending both of them falling to the ground. Pogan claimed to have suffered cuts from the impact.

Given the prevalence of cameras in almost every handheld device as well as the ease at which a video such as this can be added to You Tube, we now live in a world in which we no longer have to wonder whose story to believe. We can watch the video and determine for ourselves who committed the crime in this instance.

Plus, I have a pretty good suspicion that this video will end up as excellent evidence in a 1983 action against the NYPD.

Share on Facebook

Image via WikipediaIf you have installed or modified a swimming pool in NY since December, 2006, you should know that NY law REQUIRES you to install a swimming pool alarm. Although none of us likes to spend more money to buy safety devices, we just have to keep in mind that they save lives and we all know you can’t put a price on that….

Thanks for reading,
Jim Reed
NY Accident & Injury Lawyer
jreed@zifflaw.com

Below is a story that WETM-TV, Elmira, NY, did on this pool alarm law:

NYS Pool Alarm Law Permanent
Reported by: Naveen Dhaliwal

ELMIRA HEIGHTS - New York State lawmakers have finally made a two year old pool alarm rule permanent. If you put a pool in your backyard, you need to have an alarm on it.

State lawmakers passed an emergency ruling two years ago that required all commercial and personal swimming pools to have an alarm system. That ruling expired last month and state lawmakers have now permanently adopted it.

Officials say alarms are required on all pools built or modified after December 14th of 2006. Experts say the temporary blows up pools also need to have alarms.

“Two bolts go into the top rail of the pool, and then the alarm just sits inside. It takes a 9 volt battery. Then there’s a separate remote that plugs into an outlet in your house so can hear it from in the house or out,” says Tom Witzel of Hesselson’s.

The cost of the alarms can range between $200 up to thousands of dollars.

Code enforcement officials say if you get caught without an alarm, you will be given a warning. After that you can get fined up to $1000 a day until an alarm is placed.

Officials say the law was originally put in place because 26 infants and children under the age of 14 drowned in a pool in 2002.

Share on Facebook

On July 2, 2008, Governor Paterson signed an agreement allowing New York State to participate in the federally-funded 13-week extension of unemployment insurance benefits.  The first week for which extended benefit payments can be made is the week ending on Sunday, July 13, 2008.

For more information about collecting unemployment benefits while on Workers’ Comp. please see my blog post N.Y. Workers’ Comp. and Unemployment Benefits.

For more information about qualifying for the 13-week extension please see the N.Y.S. Department of Labor’s Notice About Emergency Unemployment Compensation.

Thanks for reading,
Eric

____________________________________________
Eric L. Johnson
Ziff, Weiermiller, Hayden & Mustico, LLP
303 William St., Elmira, NY 14902
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com
Web: http://www.zifflaw.com

Share on Facebook

After 20+ years of battling insurance companies day in and day out, FINALLY a video that expresses my frustration:

Thanks for watching and I hope this video made your day as much as it made mine!

Now back to fighting with these %#@! insurance companies…

Jim Reed
Injury & Accident Lawyer
jreed@zifflaw.com
Elmira, NY

Share on Facebook

Image via Wikipedia

Workers’ Compensation benefits are in most instances the injured worker’s exclusive remedy against the employer or a co-worker.

However, if your injury was caused by the fault of a third party then you can sue the responsible party for the full measure of your damages including lost wages, reduction of earning capacity, pain and suffering, and medical and other related bills and expenses.

Third parties are frequently liable in construction and motor vehicle accidents or when a defective product caused the injury.

Because the Workers’ Comp. insurance company has a lien for any compensation benefits you have received, third party lawsuits should be considered only when you have a serious injury. If you are seriously injured on the job, consult an attorney for your Workers’ Comp. case and a potential third party lawsuit.

We would be happy to meet with you and discuss your case.

Thanks for reading,
Eric

____________________________________________
Eric L. Johnson
Ziff, Weiermiller, Hayden & Mustico, LLP
303 William St.
Elmira, NY 14902
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com
Web: http://www.zifflaw.com

Share on Facebook

Image via Wikipedia

As an avid cyclist for many years, I know all too well the dangers of bicycle riding:  dogs, bad pavement, motorists claiming they “didn’t see you”, bad weather, etc.  But with the recent spike in gas prices, a lot of folks with very little bicycling experience are starting to hit the road and I worry that many of these new bicyclists may be exposed to the dangers of bicycle accidents.  An MSNBC story today, Deadly tension on the roads  — cars vs. bikes  Accident toll rises as gas-shocked commuters opt for bicycles, highlights this concern.

From my perspective, minimizing the risks of bicycle riding is a responsibility of ALL of us:  bicyclists must take adequate precautions, motorists must be on the lookout for bicycles and give them the space they need, urban planners must design roads, paths and erect signs that promote bicycle safety.  It stinks that gas prices have gone through the roof but maybe one of the good things to come out of this bad news will be the opportunity for a lot more folks to learn and enjoy the benefits of bicycle riding– better health, less pollution, enjoying the beautiful Upstate NY scenery, etc.

Over the 20+ years I have practiced injury law in NY and PA, I have handled way too many bicycle accident cases and even though representing injured people is what will put my three teenagers through college, nothing would please me more to see a lot less bike accidents.

So, let’s be careful out there!  Ride safely!

Thanks for reading,

Jim Reed
NY & PA Bicycle Accident Attorney
jreed@zifflaw.com

Share on Facebook

A recent report by the NY State Department of Health found that New York hospitals had a higher rate of infection in surgical intensive care units in 2007 than the rest of the nation.   Compared to the national average of 2.7 infections per 1,000 days of central-line treatment, New York surgical intensive care units had 3.7 per 1,000.  A central line is a tube into a major vein that allows doctors to administer medication or monitor a health condition.

While a central line is very important treatment tool utilized by doctors, inserting a central line can result in infections if proper sterile techniques are not utilized.

The report on hospital acquired infections was conducted by the NY State Department of Health in compliance with a 2005 law that required the state to track statewide infection trends.

On a much better note, New York had a lower rate of central-line infections in pediatric and coronary intensive care units than the rest of the country.

Thanks for reading,

Jim Reed
N.Y. and PA Injury and Malpractice Lawyer
jreed@zifflaw.com

Share on Facebook

“A stitch in time saves nine.” I never really understood this proverb when I was growing up, though I certainly heard my father use it on more than one occasion as he cautioned me to take my time before embarking on a new endeavor.

As a personal injury attorney in the Elmira/Corning, New York area, I have now come to understand the true wisdom behind those words, especially when it comes to automobile maintenance. Accidents certainly do happen, but general awareness of basic automobile maintenance can go a long way toward preventing personal injuries and saving lives. Although I do not profess to be an expert mechanic in any way, I have decided to post basic auto tips periodically this summer to inform – or more likely, remind – readers of simple steps you can take to protect your families from injuries sustained in automobile accidents.To many people summer is synonymous with road trips and family vacation, and I hope my tips will help readers stay safe when hitting the roads.

Tip #1 – Check your Tires

Today is my parents’ 40th wedding anniversary. My father, ever the romantic, decided to take my mother to the Sherwood Inn in Skaneateles, New York for a little getaway. Alas, as my parents pulled out of Horseheads to begin their journey, they got a flat tire. Luckily neither was injured and my dad had the tools to change the tire, though they may have been “spared” (I couldn’t resist) a short delay if only my dad had followed his own advice and checked car before getting on the road.

Tires are crucial to vehicle’s handling, traction, and stability, and can cause an automobile to loose alignment if they are not in proper working order. In general, you should check each of tire periodically, or about once a month.

When checking your tires, first look for obvious defects and damage, and visit a professional if anything looks seriously amiss.

It is very wise to carry a tire gauge in your automobile at all times, and you should check the pressure in each of your tires every time you check them. Tire pressure changes due to a variety of factors, though they are most commonly affected by changes in weather or air temperature. A decrease in air temperature often causes a loss in tire pressure, while an increase in air temperature often causes a gain.

Each vehicle has its own recommended air pressure, and information about it can likely be found in your vehicle’s owners manual. Although a tire’s maximum pressure is listed on its in fine print, you should never use max pressure as a guide when filling your tires because over-inflation allows tires to puncture more easily and can create instability for your automobile.

As an avid bicycle rider, I realize the importance of checking the pressure of my bike’s tires before every ride I take to avoid an accident (and make the ride more enjoyable!) Although checking a vehicle’s tires before every trip may be a bit overly onerous, it is something all of us could do a bit more frequently in order to stay safe.

Thanks for reading,

Christina Bruner Sonsire

Share on Facebook

Under New York Workers’ Comp. Law, a totally disabled claimant has no obligation to seek employment. However, a partially disabled claimant has an obligation to make a reasonable search for work of any kind within his or her work capacity.

The insurance carrier may request that you produce evidence of your job search. If you cannot produce sufficient evidence of a diligent job search, the insurance company may be allowed to suspend your weekly payments.

There was a time when insurance companies didn’t push the labor market attachment issue; however, that time is over. These days insurance companies routinely ask claimants to submit detailed accounts of their job searches. If the claimant is unable to produce satisfactory documentation, Workers’ Comp. Law Judges routinely suspend benefits.

We advise our clients who have gone from totally to partially disabled to ask their employer if they have light duty within their restrictions. If the employer doesn’t have light duty, we advise our client’s to file for unemployment benefits and to make ongoing efforts to find work within their medical restrictions and to document that effort. See N.Y. Workers’ Comp. And Unemployment Benefits.

Additionally, we encourage our clients to work with the rehabilitation staff of the Workers’ Comp. Board. Among other services, the rehabilitation staff assists claimants with retraining and job search.

The good news is that partially disabled claimants are eligible for reduced earnings when as a consequence of the work related injury they take employment for less money than their average weekly wage prior to the injury. Reduced earnings are tax-free and are 2/3 of the difference between pre-injury and post-injury earnings up to the maximum allowable benefit, which means in some circumstances folks will actually receive a greater benefit by returning to work at reduced earnings.

Thanks for reading,
Eric

____________________________________________
Eric L. Johnson
Ziff, Weiermiller, Hayden & Mustico, LLP
303 William St.
Elmira, NY 14902
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com
Web: http://www.zifflaw.com

Share on Facebook