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New York Employment Law & Personal Injury Blog

When a driver’s leg falls asleep

As a driver, it is pivotal to make sure that you are fit to drive. This includes getting behind the wheel when you are sober and staying off the road if you are dangerously fatigued. Drivers also know to avoid distractions such as cell phones and it may make sense to avoid driving if you are very sick. However, there are many other unexpected ways in which things can go wrong on the road. For example, a driver may have his or her leg fall asleep and losing the ability to control your leg could significantly increase the chances of a wreck.

When a driver cannot control their leg, they may struggle to apply the brakes, for example. This could cause them to slam into another vehicle or drive off of the roadway. Drivers may also become distracted when their leg or arm falls asleep, which could lead to a crash. For example, they may take their eyes away from the road to look at their arm or take their hands off the wheel to try to adjust their leg, which could be disastrous.

Detailing the Glasgow Coma Scale

The choice to initiate legal action following an accident in Manhattan often depends on the impact that it has on yours and your family's life. In the case of a traumatic brain injury, that impact may range from life-altering to relatively minor. Many come to us here at Taubman Kimelman & Soroka LLP wondering how they might know what their loved one's prognosis is in the immediate aftermath of their accidents. While determining this for certain may be impossible, clinicians do have a standard that they use that might offer you an idea. 

The Glasgow Coma Scale is a test that health care providers use to determine how extensive a person's TBI might be. They measure a victim's eye movement, motor response and verbal skills and then assign a number for each category (4 for eye movement, 6 for motor response, and 5 for verbal skills). Higher scores indicate responses that are closer to the clinical baseline. The totals are then summed to produce a final score. 

Winter slip & fall prevention tips

This winter many people are busy shopping, delivering packages, and navigating the icy conditions all by foot. However, the threat of a serious injury is only one slip and fall away. It is imperative to know how you and your loved ones can minimize the risk of injury during these winter weather conditions.

Elderly people are among the highest at risk for experiencing a painful slip and fall injury. However, it could happen to anyone and cause serious damage to a person’s hips, back, shoulders, head, and more. Preventing these types of accidents may simultaneously prevent high amounts of medical bills and mandatory time off work.

Am I permitted to date a co-worker?

Sexual harassment in the workplace is universally frowned upon by both employees and employers. However, when it comes to dating co-workers the line between what’s acceptable and what’s not is often blurred. It’s natural to form bonds with people you spend ample amounts of time with, but when it comes to dating taking the proper precautions is essential. In this case, The Balance offers the following advice.

Be discrete

What are New York's whistleblower protections?

It is natural for you to feel a strong sense of loyalty towards the Manhattan company that employs you. That is what makes the decision for you report improprieties committed by your employer so difficult. On top of that, you also have to worry about what consequences you might face should it be revealed that you were the one to blow the whistle on your company. Yet regulatory violations often only come as the result of whistleblower actions. Thus, prosecutors need to be able to protect people like you from retaliation in order to ensure that you are willing to come forward. 

Just what are New York's whistleblower protections? Say that you are fired from your job for reporting a violation by your employer. Per Section 740.4 of New York's Labor Code, you are entitled to bring a civil action against your employer in response to it. Such action must be commenced within one year of your termination, and must be filed in the county where you were fired, in the county that you reside in, or the county which serves as your employer's primary place of business (in that order). The relief that can come from your lawsuit can include: 

  • Your reinstatement to your previous position (or a comparable job)
  • The reinstatement of all your benefits and seniority rights 
  • Compensation for any wages, benefits or other remuneration you missed out on while away from work
  • The payment of any and all legal fees associated with your case

Can a car crash paralyze you?

If your neck or back becomes injured in a New York car crash, the results could be catastrophic. Depending on the nature and location of your spinal cord injury, you could become paralyzed and have to live in a wheelchair the rest of your life as a paraplegic or quadriplegic.

As Brain and Spinal Cord explains, how much of your body becomes paralyzed as the result of a car crash or any other type of back injury depends on where your injury occurs. The easiest way to understand this is by understanding the four regions of your spinal cord and the respective parts of your body they affect, which are as follows:

  1. Your spine’s cervical region extends from the base of your brain to the lower portion of your neck
  2. Your spine’s thoracic region extends from the bottom of your neck to your waist
  3. Your spine’s lumbar region extends from your waist to your lower back
  4. Your spine’s sacral region extends from your lower back to your tailbone

SCOTUS: ADEA applies to all sizes of public sector employers

A unanimous, eight-member Supreme Court has just ruled that the Age Discrimination in Employment Act of 1967 (ADEA) applies to public sector employers regardless of their size. The law prohibits employment discrimination against those 40 and older. The ruling will allow two firefighters to pursue age discrimination claims against their small Arizona fire district.

It was a question of statutory interpretation. When considering such a matter, courts look to the natural reading and grammatical structure of the statute, along with congressional intent and previous court rulings on similar questions. Here, the case turned on how the ADEA defines which employers are to be covered by the law.

Car crashes and erratic pedestrian behavior

Motor vehicle wrecks take place for countless reasons, some of which are quite common (drunk driving accidents, fender benders, and so on), while others involve elements that are unusual. For example, a traffic accident which involves a pedestrian may take place because of the pedestrian’s erratic behavior. Whether you drive near pedestrians or you walk on the road yourself, it is crucial to be aware of this issue and do everything you can to avoid a pedestrian accident.

Some pedestrians may exhibit strange behavior for various reasons, whether they are suffering from a mental illness, are under the influence of alcohol or drugs or are suicidal. Unfortunately, some may walk in busy traffic at night and drivers may have a very hard time seeing them. For example, someone who is driving down the freeway late at night may not see a pedestrian in the middle of the road until it is too late. Moreover, erratic pedestrian behavior can cause a driver to collide with another vehicle as they try to avoid the pedestrian.

Google employees walk out in protest of sexual harassment

At offices around the world, Google employees staged a walkout to protest the company’s handling of sexual misconduct allegations. The walkout followed a report in The New York Times that revealed the company gave Android creator Andy Rubin a $90 million exit package, after claims he committed sexual assault proved credible.

In New York City, protesters gathered at Hudson River Park and overflowed the park’s capacity.

Toxic metal cadmium found in chain store jewelry again

Testing done for the nonprofit Center for Environmental Health found that some jewelry sold as included accessories for women's shirts and dresses sold at Ross, Papaya and Nordstrom Rack was made almost entirely of cadmium. The metal is known to cause both kidney, bone and reproductive issues, including cancer, after prolonged exposure.

Many consumer advocates had hoped that cadmium was no longer being used in the U.S. jewelry market. In 2010, the Associated Press discovered that some Chinese manufacturers were making children's jewelry out of the toxic metal, sometimes substituting it for lead. Several states then outlawed cadmium in kids' jewelry, and testing indicated that it had fallen out of use by 2012.

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