New City Law Blog

Massive workers’ compensation scam in New York

On behalf of Braunfotel & Frendel LLC on Thursday, September 12, 2019.

Workers’ compensation is an important safety net for employees. If they are injured while performing their job or at their workplace, they are fairly compensated. Unfortunately, not all employers take their responsibility to provide this benefit seriously.

The Manhattan district attorney’s office found that two New York men cheated their employees out of proper protection by falsifying information. This saved them millions of dollars in insurance premiums. Tragically, the work they sent their employees to do hurt more than twelve people and even killed one. The pair then delayed the process to get compensation for the injured.

NYPD detective facing scrutiny for DWI arrests

On behalf of Braunfotel & Frendel LLC on Wednesday, September 11, 2019.

A New York City detective is accused of making dozens of bogus DWI arrests in the Bronx to earn extra overtime pay. Detective Darryl Schwartz has already been sued three times and faces a fourth suit, according to the New York Daily News.

The newspaper reports the city settled one of the lawsuits for $85,000 and personnel records show Schwartz has a history of misconduct dating back over a decade without facing any discipline from the NYPD.

Some statistics about workplace deaths

On behalf of Braunfotel & Frendel LLC posted in workplace safety on Friday, September 6, 2019.

According to information published online recently by a national magazine, loggers and those in commercial fishing continue to have the most dangerous occupations, at least with respect to fatalities. Roofers and garbage collectors also statistically have jobs which are especially risky.

It may also come as little surprise to those in the New City area and other parts of New York City's surrounding communities that incidents related to transportation, such as car accidents and accidents involving other motor vehicles, are the most common cause of workplace fatalities.

Benefits may be available after knee and leg injuries

On behalf of Braunfotel & Frendel LLC posted in Workers' Compensation on Friday, August 23, 2019.

Many people in the New York area rely on their legs and knees in order to make a living. Construction workers, those who work in industry and others who have to do lifting need their knees and legs to stay healthy.

For that matter, even those with jobs that require a lot of moving around, like work in the medical profession, law enforcement or even education, have to rely on their legs and knees.

Can you claim work-related stress on a workers' comp claim?

On behalf of Braunfotel & Frendel LLC on Friday, August 16, 2019.

From having to work extra hours, managing your workload around those meetings nobody wants to attend or an argument with a coworker, everyone deals with some amount of stress at their job. It’s normal. That’s why it’s so hard to get a workers’ compensation claim approved when citing the cause is work-related stress.

But, there are exceptions. In New York, the State Workers’ Compensation Board will hear claims of mental distress.

How accurate are Breathalyzer tests?

On behalf of Braunfotel & Frendel LLC on Thursday, August 15, 2019.

Breath analysis tests are a tool law enforcement uses to figure out whether a driver’s blood alcohol concentration (BAC) is above the legal limit of .08%. While many courts accept Breathalyzer readings as proof that a person was driving drunk, evidence suggests the device can often be inaccurate.

Numerous studies conclude that portable Breathalyzers have a margin of error of roughly .015% and can falsely show a driver as being over the legal limit. An inaccurate test can subject a New York driver accused of driving while intoxicated (DWI) to hundreds, and potentially, thousands of dollars in fines, jail time, driving restrictions, increased insurance premiums and other costs.

Trenches can pose major safety hazards to workers

On behalf of Braunfotel & Frendel LLC posted in construction workers' accidents on Friday, August 9, 2019.

Many construction sites in both New City and the surrounding suburban and urban areas of greater New York City will have trenches. This is because workers often have to excavate in order to access underground utilities, lay foundation and do other important tasks.

While necessary, trenches pose many hazards to construction workers, and it is up to the employers of those workers, and others, to make sure that the workers stay safe.

Powerful New York broker arrested on DWI charges

On behalf of Braunfotel & Frendel LLC posted in drunk driving charges on Friday, July 26, 2019.

A real estate broker well-connected to the greater New York City area, who has recently faced other legal troubles, now is dealing with several charges related to drunk driving. One of his charges is a felony.

The charges arose in connection with an injury accident. According to police, the man caused an accident that also involved a mother and her son, who was a toddler. The accident happened at an intersection, and the man struck the side of the mother's car with his pickup. Fortunately, the family's injuries have been described as minor.

New York State farmworkers now covered by workers’ comp

On behalf of Braunfotel & Frendel LLC on Thursday, July 25, 2019.

An historic law affecting all of New York State now extends workers’ compensation rights to the state’s farm workers, along with many of the other protections long required for most of the state’s other workers.

The NYC construction realm yields both rewards and risks

On behalf of Braunfotel & Frendel LLC on Tuesday, July 23, 2019.

Residents of New York City and its surrounding environs are accustomed to a variety of sounds and noise levels. That is entirely expected in a metropolis that is unparalleled in the United States for its vast reach and nonstop activity.

One realm likely surpasses all others for its demonstrated fervor and unrelenting pace. Namely, that is the construction industry.