Mary's Blog I Love You

If you are planning to retire or are currently in the process of claiming retirement benefits, there are a few common retirement issues that you should understand.  The Employment Retirement Income Security Act (ERISA) was passed in 1974 to secure certain rights to retiring workers of private companies, but employers sometimes make it difficult to understand retirement plans. It must be noted, however, that retirement plans provided by the government or religious institutions don’t fall under the protections of ERISA, which only applies to private, for-profit companies.  If your company offers a retirement plan, then they are legally obligated to provide their workers with clear information and resources about how to access and claim benefits. If your company is impeding your retirement by not providing clear instructions on how to navigate their retirement plan, they are violating ERISA. An attorney can help you fight your employer and earn the benefits that you are entitle...

The holiday season is a magical time for children, filled with cookies, candy, and toys. But the last thing on any parent’s mind during this time of year is the risk that toys can pose to their children. If you celebrated Christmas or Hanukkah this year, you probably gifted your child at least one toy. But what happens if that toy breaks and your child swallows a piece of it? Or if that specific toy was recalled? This post will give you the information you need to determine whether your children’s toys are safe, and what to do if something goes wrong.  How to know whether a toy was recalled The Consumer Product Safety Commission (CPSC) publishes recalls on its website as soon as they discover a defect in a product. Some of the most recent recalled items are a Hallmark candle, a Toysmith light-up toy wand, and BCI Burke playground equipment. If you are concerned that your child’s toy might be defective, check the CPSC website for updates and alerts.  What to do if your chi...

It’s almost here folks! National Bacon Day, December 30th, is almost here. Can you feel the excitement in the air? Can you almost smell the aroma of bacon wafting from the kitchen? Can you hear the sizzle as each slice cooks to a crisp piece of thin deliciousness? Is your mouth watering as bad as mine? I hope so. I know what you’re thinking: “what in the heck is National Bacon Day?” but let’s be honest for a minute. In all of my years on this planet I have never ran into someone who wasn’t at least tolerant of bacon. For those of you out there who dislike bacon – well, keep reading. Maybe you just need to find the right style of bacon or understand there actually are health benefits to eating it. If not, that is okay too. I will not hold it against you … for long. There are a few dates for celebrating bacon so the dispute rages on. There is discrepancy more or less due to there being different parts of the world wanting to celebrate the date at different times. I say: what is wrong w...

News of an Iowa Ecoli Sprouts Outbreak is all the buzz right now. According to an announcement from the FDA, clover sprouts manufactured by Sprouts Unlimited of Marion, Iowa has been linked to several Ecoli 103 illnesses in the state of Iowa. Here’s what we know: About this Iowa Ecoli Sprouts Outbreak The number of cases and health status of those sick has not yet been announced. But, a recall has been initiated. According to the FDA’s announcement, “Sprouts Unlimited of Marion IA is recalling clover spouts in 4 oz packages because it may be contaminated with Escherichia coli O103 bacteria ( E. coli O103 ). E. coli O103 causes a diarrheal illness often with bloody stools. Although most healthy adults can recover completely within a week, some people can develop a form of kidney failure called Hemolytic Uremic Syndrome (HUS). HUS is most likely to occur in young children and the elderly. The condition can lead to serious kidney damage and even death. The affected batches of clove...

When you’ve been in a catastrophic injury accident, it turns your world upside down. Regular injuries like scrapes and broken bones are difficult to deal with, but these injuries heal. On the other hand, calamities like car crashes, slips and falls, defective product injuries, or medical malpractice can cause a range of traumatic, lifelong injuries, including: Paralysis Amputation Brain damage Loss of hearing or sight Disfigurement These types of injuries can significantly alter your daily routines and activities. You might need special medical equipment or home modifications to handle your condition, or you might even need care around the clock. It’s overwhelming to think that life will never be the same as it was before the accident, but there are specific steps you can take to help adjust to this “new normal.” Prioritize your health If you didn’t get medical attention at the accident scene, visit a physician as soon as possible to have your injuries evaluated. Some inj...

While the internet can be a great resource, it can also provide a risky environment for users, especially for children. Some of the greatest online threats that kids face include: Cyberbullying: The number one online threat to kids is cyberbullying. An estimated 60% of U.S. teens have experienced some kind of cyberbullying, according to the Pew Research Center . This can include posting or sharing mean, negative, or private pictures or information about another person to hurt or humiliate them. Cyberbullying takes place over text, apps, email, and social media sites through computers, cell phones, and other similar devices. Cyberbullying is particularly concerning because it can be harder for parents and school officials to detect and prevent than bullying that takes place in person. It’s also difficult to escape because bullies can access their victims 24 hours a day, and many of the things the bullies post or share are permanent and can cause long-term damage to the victim’s reput...

IKEA, a Swedish company that designs and sells affordable furniture which people can assemble at home themselves, has been the world’s largest furniture retailer for more than a decade. It is not uncommon for companies to occasionally manufacture furniture that proves to be dangerous, and recently IKEA has been forced to recall a number of its products because of hazards. In 2017, ABC News reported that IKEA recalled 29 million MALM dressers in three-, four-, five- and six-drawer models, after the United States Consumer Product Safety Commission (CPSC) said that IKEA had received 186 reports of incidents with these items, including 90 injuries and eight deaths. As recently as October of 2019, IKEA recalled thousands of MATVRA bibs for representing a choking hazard, after two reports of the snaps on the bibs coming off. Types of IKEA Furniture Cases We Handle IKEA sells many different kinds of furniture, and no one product is more dangerous or prone to accidents than another. Some ...

During the holiday season, it is common for people to visit relatives and friends, which often puts them in situations where they will interact with unfamiliar dogs. Unfortunately, if dogs are aggressive or feel as though their space is threatened, they can attack. Unfortunately, children are often bitten in these situations, since they are smaller and less likely to be cautious around animals they’ve never met or spent much time with. When dogs attack, they can leave children physically and emotionally scarred for a lifetime. As a parent, you may also be suffering emotionally as you watch your child deal with their injuries. Fortunately, you have legal options for getting compensation for your child’s medical expenses and other losses after a vicious attack, even if the dog’s owner is a close friend or family member.  Keep in mind that most homeowners’ insurance policies provide coverage in the event that a pet harms someone, so you could potentially recover the compensation you...

A traumatic brain injury (TBI) occurs when a force penetrates or fractures the skull. Unfortunately, half of all TBIs result from car accidents. TBIs caused by car crashes don’t necessarily need to be due to a skull fracture or penetration; when the body experiences a sudden jolt or stop, the brain careens forward even if your head is held steady. This is how your brain collides with your skull, causing internal bruising and bleeding in the skull that isn’t visible to the naked eye.  If you or a loved one have been the victim of a car accident and have been diagnosed with a TBI, read the information below. Our lawyers at Hach & Rose can help you navigate the process of filing a claim and win you the compensation you deserve.  Four common TBIs caused by car accidents Penetration : This occurs when an object, such as a metal part of a wrecked car, cuts into the brain. This is one of the most serious types of TBI because it could result in the victim’s death or serious ...

If you fell on someone else’s property, the property owner may be liable for your injuries. Two slip and fall laws in New York state will likely apply to your claim, so it is essential to be aware of them. Slip and fall statute of limitations As with most other personal injury cases, there is a statute of limitations regarding slip and fall cases. In New York, you must file a claim within three years after the incident, or the court will refuse to hear your case. This applies to a personal injury case, like if you broke your arm after falling, or to property damage, like if your expensive glasses broke because of the fall. Even if you feel confident that your case will quickly and easily settle out of court, it is best to give yourself as much time as possible in case you need to go to court.  “Shared fault” rules In New York, there are “shared fault” rules when it comes to slip and fall cases. So if you bring a suit against a property owner, they will likely argue that you are...

The holidays are a notoriously dangerous time to be on the roads. Inclement weather, late-night parties and drinking, and icy roads are a formula for disaster. Drunk driving sees an uptick during this time of year, so it is important to know what steps to take should you be the victim of a drunk driving accident.  What to do immediately after the crash Assess the situation, make sure no one is seriously injured, and call 911 to report the accident File a police report if damage exceeds $1,000 or if anyone was injured Take photos of the scene and document if the drunk driver apologized or admitted guilt in any way Get the contact information and insurance information of the drunk driver Find an attorney who specializes in drunk driving lawsuits Who pays for damages? New York follows a “no-fault” law regarding car accidents, meaning each driver’s insurance will pay part of the damages. This law is blind to who caused the accident, which is usually convenient because it save...

Mesothelioma is a type of cancer that affects the lungs and chest cavity. It develops as a result of exposure to asbestos, which is a fibrous mineral that was commonly used as an insulator in buildings and houses between 1930 and 1950. Tiny particles of asbestos get trapped in the lungs when one inhales air that has been contaminated by it, leading to mesothelioma and lung disease.  According to information from the Mesothelioma Center , asbestos is not banned in the United States but is highly regulated today by four organizations: the Occupational Safety & Health Administration (OSHA), the National Institute for Occupational Safety & Health (NIOSH), the World Health Organization (WHO), and the Environmental Protection Agency (EPA).  The individuals who are most likely to have been exposed to asbestos at the workplace are men over the age of 60, due to the timeframe asbestos was used and the environment in which it was used. Generally, construction workers, miners,...

If you ride your bicycle in and around New York City, chances are you have either seen someone else get hit or have almost been hit by a vehicle yourself. If you happen to be the victim of a collision, this post will also tell you what your next steps should be. Bicycle safety tips AAA offers some tips to keep in mind when riding your bike to reduce your risk of collision.  Always wear a helmet New York state law does not require adults to wear bicycle helmets, but studies have shown that having that extra piece of protection may reduce your risk for injury in case of an accident. Children under the age of 14 are required by state law always to wear a helmet when on a bicycle.  Abide by traffic laws You must ride with the flow of traffic, use turn signals, and abide by stoplights. When possible, use bike lanes and crosswalks, but do not ride on sidewalks.  Use the entire lane when turning When possible, try to take up enough space in a turning lane, so drivers ar...

If a child suffered a severe injury during birth due to the negligence or carelessness of a medical professional, the child’s parents could seek justice through a medical malpractice claim. A birth injury malpractice claim could be brought against a hospital or individual if the medical professionals handling the birth act in a way that is below the standards of the medical profession. These injuries could be due to a medical professional’s misuse of a surgical tool during the birth, an obstetrician or gynecologist failing to diagnose an ailment in the baby before it was born, or an OBGYN not giving proper treatment to the mother and fetus when they discovered a problem.  Filing a birth injury medical malpractice suit can be a difficult decision for any family. It can be expensive, time-consuming, and emotionally draining. It is necessary that you contact an attorney who specializes in these claims to help you navigate the complicated process of suing part of the healthcare indus...

Growing up as a military brat afforded me many experiences in life. One of my most cherished would be the cultures I had the pleasure of being a part of. From the Deep South and the rich history, beautiful landscapes, and celebrated diversity all the way to the far North with its delicious Maine lobster, black sand beaches, and winters buried under the snow; I’ve loved every minute of it. My favorite place, without having to think about it, would have to be New York. This is where I learned about the wonderful holiday that is Hanukkah. And you guessed it, this post is all about Hanukkah Food Safety. A Boy in the City My friends there are a mixed bag of nationalities as well as beliefs. Since Hanukkah is days away, I am reminded of one friend in particular: we will call her Jane. It is important to understand first that I was raised in a Protestant family with little exposure to other “religions” and what they practice. Getting invited to celebrate a Jewish holiday was very exciti...

Car Crash with police You got into a car accident and now you’re wondering what you should do. You’re struggling with some pretty serious injuries and know that your medical bills are adding up quickly. You also know that you might be able to recover compensation from an insurance company or an at-fault party. Is this something you should try to handle on your own, or does it make sense to hire a personal injury lawyer? While it’s true that you could try to negotiate a settlement yourself, you’re much more likely to maximize your award and secure a meaningful financial award with a qualified lawyer on your side. Here’s when it makes the most sense for you to bring in a personal injury attorney to handle your car accident case. 1. When you have to negotiate with an insurance company. New York has “ no-fault ” insurance rules. This simply means that you have to turn to your insurance provider for benefits after an accident, regardless of who is at fault. Your insurer will be the...

The CDC has reported that there are 7 people sickened with Listeria in a multi-state Hard-boiled Eggs Listeria Outbreak. Of those ill, 4 have been hospitalized and one person has died in Texas. According to the CDC’s announcement : “ CDC is concerned that bulk, fresh hard-boiled eggs produced by Almark Foods of Gainesville, Georgia, are contaminated with Listeria and have made people sick. These products were packaged in plastic pails for use nationwide by food service operators. These products have not been recalled. However, because Listeria can cause severe infections, CDC is warning against selling, serving, or using these eggs to make other food products.” Outbreak At-A-Glance Those who have been sickened with Listeria are in 5 states. State Ill People Florida 1 Maine 1 Pennsylvania 1 South Carolina 2 Texas 2 Total 7 According to the CDC, “Listeria specimens from ill people were collected from April 10, 2017, to November 12, 2019 . Ill peo...

As WWI was nearing its end, young women across America worked in factories and unknowingly exposed themselves to toxic chemicals each day. One group of such women, who later became known as the Radium Girls, exposed themselves to radiation poisoning by luminescent paint.  As they decorated watch faces with this toxic paint, they inhaled it, got it on their bare skin, and even orally consumed it. As their bodies literally started glowing, and then quickly deteriorating as a result of the poisoning, they spearheaded the most iconic labor rights movement in American history.  The right for workers to sue their companies for personal injury resulted from their plight, even as nearly every single one of them died from the exposure.  If you are concerned that you are being exposed to toxic chemicals in your work environment, you are entitled to financial compensation.  What are some modern workplace exposure risks? These are the most common workplace chemicals you may...

The New York State Health Department recently fined a Buffalo-area nursing home $10,000 for destroying evidence of an alleged sexual assault that took place at the nursing home. Officials claim that nursing home staff also waited hours before reporting the assault.  According to a report from The Buffalo News , staff from the Gowanda Rehabilitation and Nursing Center waited more than six hours before reporting the May 29 assault to the police. A 73-year-old male resident sexually assaulted an 88-year-old female resident around 4:30 a.m. on May 29. According to the article, both residents suffer from dementia and the female resident cannot leave her bed without the help of a mechanical lift.  Nursing home staff members checked in on the female resident after hearing her shout “No” to the man, but decided they didn’t find evidence of a sexual assault. Later, a staff member cleaned the woman and changed her underwear, destroying any evidence that could have been examined by th...

If you want to enjoy the holiday season with your family and loved ones, chances are you’ll be hitting the road or catching a plane sometime soon. Unfortunately, first responders always see an uptick in car collisions and fatalities during the days surrounding Christmas and New Year’s. It is important to be aware of these safety tips to protect yourself and your family so you can get safely from point A to point B. Adjust Your Driving for the Weather If you find yourself on the road during a blizzard, you need to exercise extreme precaution. Ice, hail, snow, and rain tend to throw drivers into a panic, especially if they aren’t used to driving in those conditions. If you are driving in the snow, there are a few basic things to know. First, drive slowly, because the snow and ice on the roads will make it harder for your tires to gain traction. Second, keep more distance between you and the car in front of you than you would on a clear, sunny day. Third, approach hills with strategic c...

Riding your bicycle to work may seem like the most environmentally responsible move to make these days, rather than hop in your car and burn more fossil fuels. But if you live in a big city like New York, you may want to think twice. A growing city population means more people on the roads, but the city government can’t keep up with the infrastructure improvements needed to make the city bike-friendly. NYPD data, according to an article by  City Limits , reports that 27 NYC cyclists have been killed as of mid-December. But why is this number so high, when in 2018 the number of cyclist fatalities was only 10? There are a few factors, which become more lethal when they all occur simultaneously. The article outlines a few of them, below. Distracted Driving Smartphones are a major contributor to cyclist deaths because they tend to distract drivers with incoming texts, unopened Snapchat messages, Instagram likes, emails, etc. According to statistics from  The Zebra , 51% of driv...

According to the Occupational Safety and Health Administration (OSHA), adapting tasks, workstations, tools, and equipment to fit the employee can help reduce stress on the body and eliminate potentially harmful workplace musculoskeletal disorders (MSDs). Every year, MSDs account for more than $15 billion in workers’ compensation costs. It is up to the employer to ensure they are creating a safe office space.  MSD problems can result from the following: repetitive movements, sitting in awkward positions or straining your neck because a screen isn’t correctly placed, and static postures with little breaks to stretch the muscles. OSHA provided an eTool to educate on healthy ways to reduce ergonomic injuries in the office space. Some solutions are the following:  Make sure the chair, keyboard, and monitor are in a straight line with your body; Use an adjustable keyboard tray to position your keyboard and mouse at a comfortable height, placing the mouse and keyboard as close...