New City Law Blog

What is OSHA's role in a workplace accident?

On behalf of Braunfotel & Frendel LLC posted in workplace safety on Friday, January 11, 2019.

Some people in the New City, New York, area or one of the other suburbs may have heard about the federal Occupational Safety and Health Administration, or OSHA. Still, they may not fully understand what this agency does and what its role in workplace safety is.

Many if not most employers in the area are subject to federal safety regulations designed to keep American workers safe and healthy as they do what they need to do to put bread on the table. OSHA is responsible for enforcing these regulations.

Breathalyzer test results are not infallible

On behalf of Braunfotel & Frendel LLC on Friday, January 4, 2019.

You met some friends for a quick beer after work, but the police pulled you over after leaving due to a taillight being out. The officer smelled alcohol on your breath, and after a breathalyzer was given, you tested over the limit. But were you really over the limit? Should you fight the result?

Section 32 and how can it help settle your workers’ comp case?

On behalf of Braunfotel & Frendel LLC on Friday, January 4, 2019.

In the state of New York, a Section 32 waiver can be used to settle your workers’ compensation case. However, it should be considered carefully as it has serious legal implications for your medical future.

A lower BAC limit for DWI in New York is a real possibility

On behalf of Braunfotel & Frendel LLC posted in drunk driving charges on Friday, December 28, 2018.

According to a recent report, New York lawmakers considered seriously whether they should lower the legal limit in this state to .05 blood alcohol content, or .05 BAC. Currently, the legal limit is .08, and a person driving with this much alcohol in their system, or more, runs the risk of facing the serious drunk driving charges.

Only one state has already lowered its legal limit to .05, and that new law will take effect just before the new year. However, the National Transportation Safety Board has recommended that other states follow course, citing science which suggests that drivers are potentially dangerous even at that lower BAC level.

NYC inspector took bribes to ignore dangerous asbestos conditions

On behalf of Braunfotel & Frendel LLC on Wednesday, December 19, 2018.

Samuel Nebedum, an inspector with the Department of Environmental Protection (DEP), is facing charges about alleged bribes. Over a period of ten years, the inspector is accused of ignoring violations at the worksites of an asbestos abatement contractor.

0.18 BAC is a key threshold in New York DWI law

On behalf of Braunfotel & Frendel LLC posted in drunk driving charges on Friday, December 14, 2018.

One thing that makes the already serious situation of facing DWI charges here in New York even more high-stakes is if a person is accused of driving with a BAC of 0.18 or more. That’s because, under state drunk driving law, driving with a BAC at or above this threshold isn’t a standard DWI offense, but is instead aggravated DWI.

While aggravated DWI generally has the same potential max jail sentences as standard DWI (one year for a first offense, four years for a second offense and seven years for a third offense), there are other areas where the potential penalties are higher for aggravated DWI.

Construction bosses face criminal charges after crane accident

On behalf of Braunfotel & Frendel LLC on Friday, November 16, 2018.

A crane accident that injured two NYC construction workers has two construction supervisors facing criminal charges. The Manhattan District Attorney has charged Timothy Bracco and Terrence Edwards with two counts of felony assault and two counts of reckless endangerment.

Criminal defense protections for drug charges are important

On behalf of Braunfotel & Frendel LLC posted in Drug Charges on Wednesday, October 31, 2018.

Drug possession is a serious criminal charge, which is why it is important for accused individuals to be familiar with their criminal defense rights. Accused individuals who have been charged with drug crimes face serious possible penalties and consequences.

It is important to protect the rights, future and freedom of an accused individual. It is important to look at the facts and circumstances surrounding the criminal charge and it can be useful to determine if the police followed required procedures for the protection of the accused individual, such as properly obtaining a search warrant and having enough evidence to make a valid drug arrest.

Conditional licenses help first-time DUI offenders regain rights

On behalf of Braunfotel & Frendel LLC posted in Drunk Driving on Thursday, October 25, 2018.

After drinking during a holiday party, you attempt to drive home under the influence of alcohol. An officer witnesses you make an illegal traffic turn, and the officer subsequently discovers you operated your vehicle while drunk. Although you have not committed a DUI offense previously in New York, you worry that your penalties will affect your life greatly.

Depending on the circumstances and risks associated with your DUI offense, you may have the ability to apply for a conditional license. Conditional licenses give those convicted of alcohol or drugged driving offenses the opportunity to drive under certain restrictions given by the court. As DUI punishments may prove harsh, you may require the expertise of a criminal defense attorney who has the experience helping individuals obtain conditional licenses. New York judges understand that license suspensions could bring undue hardships on some drivers, so you may have the ability to apply for a conditional license with accurate attorney representation.

Road construction workers' accidents can lead to civil lawsuits

On behalf of Braunfotel & Frendel LLC posted in construction workers' accidents on Friday, October 19, 2018.

A lot of the road construction work that is done on New York Highways is scheduled for the early morning hours when traffic is light and also to limit delays for motorists. Unfortunately, some of those who do travel at that time are on their way home from pubs, clubs and other facilities where they consumed alcohol. This increases the probability of road construction workers' accidents that could cause severe injuries and even fatalities.

A 64-year-old construction worker is a victim of such an accident that left him critically injured. The Collision Investigation Squad of the New York Police Department has launched an investigation into the crash that occurred shortly after 3 a.m. on a recent Saturday. A preliminary accident report indicates that the worker was busy placing cones in the westbound traffic lanes of Gowanus Expressway in Brooklyn when he was struck by a vehicle.