Mary's Blog I Love You

With the coronavirus pandemic continuing to cause havoc around the world, many businesses and organizations are requiring their employees to work from home . Some businesses have even begun laying people off – temporarily, we hope. Simply put, we’re in uncharted territory for modern-day society.  As some employees work from home, many others are still having to report to work. In most cases, it’s because they work in fields believed to be essential to the basic function of our society. Unfortunately, employees reporting for duty have contracted the coronavirus while on the job. Am I Eligible for Workers’ Compensation for Getting the Coronavirus While Working? The short answer is “probably not.” That’s because most instances of exposure are not considered related to your job. The coronavirus’ incubation period is between 2 to 14 days. That is the time from exposure to when symptoms first arise. So, meticulous records are needed to pinpoint the exact place and time you contract...

With millions of New Yorkers relying on a public transit system every day, motor scooters are becoming an increasingly popular way for people to get around. The appeal of motor scooters is obvious. They allow riders to zip around traffic and save on the costs of owning a car or truck.  However, because motor scooters are often zig-zagging in and out of traffic while lacking the steel frame protection of a vehicle, injuries sustained from a motor scooter accident are often catastrophic. What is a Motor Scooter? A motor scooter is defined as a vehicle with an attached motor and handlebars for standing riders. Having no seat and no more than three wheels, they are considered to be “limited use motorcycles,” and are classified by their top speeds. Those capable of speeds between 30 and 40 MPH are Class A and require a license. Class B scooters have maximum speeds between 20-30 MPH and do not require license. Class C scooters are those with top speeds of 20 MPH or less, and al...

A New York toddler died earlier this month after sustaining a severe head injury at an in-home daycare, according to People Magazine . According to authorities, the 24-year-old caregiver allegedly hit the child’s head against the edge of a table. It has not been confirmed whether she hit his head intentionally or not, but she was charged with first-degree manslaughter and is awaiting trial. The injured toddler, 23-month-old Lennox Santiago, was rushed to a local hospital after the caregiver called 911. Santiago underwent brain surgery for his severe head injury but died two days later. Tragedies like this one do not happen often in daycare facilities, but unfortunately, they do occur occasionally. While taking legal action will not heal your family’s emotional pain, it could provide a path to compensation for medical bills and for seeking justice against the person who injured your child. There are a number of different types of daycare facilities in the U.S., but each one is expe...

Effective 8 PM on March 22nd, 2020 Governor Andrew Cuomo has ordered all “non-essential” workers to effectively close their business and stay home in order to prevent the spread of the Coronavirus. Within the list of “essential” workers who must continue to show up at work and bravely protect New Yorkers are members of the NYPD (cops) and FDNY (firemen). Not only are these brave individuals continuing to put themselves at risk for all of the normal dangers they face in normal times, they are now putting themselves and their loved ones at risk of contracting the serious and potentially deadly Coronavirus. Luckily, the Legislature enacted special statutory causes of action for firefighters and police officers: General Municipal Law § 205-a for firefighters and General Municipal Law § 205-e for police officers. Unlike the common law cause of action, recovery under G.M.L §§ 205-a and 205-e is neither subject to nor circumscribed by the Firefighter’s Rule. In fact, comparative negligence ...

One New York City woman’s death caused by falling debris has shined a light on safety infractions of hundreds of other city buildings, according to The New York Times . Sixty-year-old architect Erica L. Tishman was killed after a piece of debris fell from a building she was walking past in December of 2019. The city’s Department of Buildings issued the owners of the 17-story office building a fine in April of that year because the terra cotta facade above the 15th floor was deteriorating and could potentially break off, putting pedestrians in danger. Himmel + Meringoff Properties, the building’s owner, paid the $1,250 fine but apparently did not repair the problem. After Tishman’s death, the Department of Buildings launched surprise inspections at the city’s buildings, finding 220 other structures in violation. The Department issued a number of Class 1 facade violations, which are “immediately hazardous” to pedestrians but are not necessarily major violations. Class 1 violations inc...

Popcorn lung is the nickname for the condition known as bronchiolitis obliterans . It is damage to your lungs’ smallest and most vulnerable airways. The main cause of the condition is exposure to a chemical vapor that is found in things like microwavable popcorn, fruit drinks, caramel, and some dairy products. It is generally safe to eat but has serious side effects when inhaled. The chemical that causes popcorn lung has also been recently linked to e-cigarette flavoring and associate health issues from inhaling those vapors. One study found that over 75 percent of e-cigarette flavorings tested positive for the chemical. The Basics of Popcorn Lung Lungs play an important role in keeping you healthy. Every breath you take brings air and oxygen into your lungs through your windpipe. The windpipe is connected to two tubes called the bronchi. These go to either your left or right lung. Once the air gets to the lungs, they process it and provide oxygen to your blood which then carries i...

Induction of labor is when medical staff use drugs or other tools to stimulate a woman’s body to get the labor and delivery process started. Almost 20% of all births in the US start with some sort of induction. One drug that is used to stimulate labor is Cervidil. While it is commonly used, it can have some major side effects. Some may even put the baby at risk for birth injuries or even death. Many medical malpractice claims have been filed against doctors and the makers of the drug because of these outcomes. Basics of Cervidil Cervidil is a medication that is used by pregnant women to help induce labor. The purpose of the drug is to prepare the woman’s cervix for labor and delivery. To use the drug, a healthcare professional inserts it into the woman’s vagina near her cervix. It is recommended that this drug only be used in a hospital setting. The generic name of the drug is dinoprostone. The medicine is a synthetic hormone that is also made naturally in the woman’s body whe...

Personal injury accidents can leave victims with life-long injuries. These can be both mental and physical. Those who are injured can ask the court or insurance companies to help compensate them for their pain, both currently and in the future. These types of compensation are called pain and suffering.  Generally, pain and suffering awards will be calculated by adding up the economic damages and multiplying them by a number between 1.5 and 5, depending on the severity of the injury.  Pain and Suffering Basics Pain and suffering is a major part of personal injury cases. Before it can be calculated, you will first need to prove who was responsible for your injury by showing negligence . This is a failure by someone to act in a way that a reasonable person or someone similar in an identical situation would act. The person is in breach of a duty if they fail to act in this particular way. You must also be able to show that you have an actual injury and that the injury was a di...

In the state of New York, workers’ compensation benefits are available to employees who are injured in on-the-job accidents. The exact length of time that they can receive these benefits is almost entirely dependent on the nature and extent of their injury. Permanent Total Disability Workers who suffer injuries that cause them to permanently and totally lose their ability to work and earn a wage may draw disability benefits indefinitely. The state of New York does not have any limits on the number of weeks that such an individual can collect payments. Permanent Partial Disability The state of New York recognizes two different types of permanent partial disability. They are: Schedule Loss of Use (SLU) An SLU occurs when a worker permanently loses the use of one of their upper extremities (arm, hand, finger), one of their lower extremities (leg, knee, foot, toe), their hearing, or their eyesight. Benefits payouts in such cases are based on the injured body part and the severity of...

Whether they’re on our phones, computers, subway platforms or streets, cameras are practically everywhere – even in many peoples’ houses.  Even though we’re rarely sure who will catch someone in the act, the chances are pretty good that the act is being captured by a camera. A hidden “nanny cam” recorded a Westchester man as he tried to take inappropriate photographs of a child.  Another nanny cam in Brooklyn caught a baby-sitter in the act of abusing a 6-month-old girl.  While the use of nanny cams in homes is on the rise, do they represent an invasion of your privacy? Is It Legal to Install a Nanny Cam in a Home in New York? Yes, residents in New York have the legal right to install hidden nanny cams in their homes.  Keep in mind that New York is a one-party state. This essentially means that as long as at least one party is aware of the recording, it’s legal.  Even if you’re not told about the existence of a nanny cam, you should always assume you’re...

Korean enoki mushrooms have caused a listeria outbreak , killing 4 people and hospitalizing 30 people. Here’s what we know about this Korean enoki mushrooms listeria outbreak. Outbreak Stats Enoki mushrooms have sickened people with Listeria in Arizona (2 people), California (9 people), Florida (2 people), Hawaii (3 people), Indiana (1 person), Kentucky (1 person), Maryland (2 people), Massachusetts (2 people), Michigan (1 person), Missouri (1 person), Nevada (1 person), New Jersey (1 person), New York (4 people), North Carolina (1 person), Rhode Island (1 person), Tennessee (1 person), and Virginia (3 people). The first person contracted Listeria on November 23, 2016.  Since this time, people continued to get Listeria in 2017, 2018, and 2019.  The last person contracted listeria on December 13, 2019.  Sun Hong Foods recalled its Enoki mushrooms on March 9, 2020. The CDC published its Enoki mushroom outbreak investigation on March 10, 2020. What do Enoki Mushrooms ...

If you are involved in a car crash in New York City, you may need to pull your accident report to submit to your insurance company or to file suit against the other party. Fortunately, this process is relatively straightforward. You can get the documentation you need from either the NYPD or the NYS Department of Motor Vehicles. How to Get an Accident Report from the NYPD You can retrieve your collision report from the NYPD by walking into a precinct or by working through their online system. Both methods are free of charge, so your choice will likely depend almost entirely on which option is more convenient for you. Obtaining an Accident Report at an NYPD Precinct If you would like to get your accident report from your local NYPD precinct, all you need to do is walk in and provide the on-duty clerk with the Incident Report that you were given at the scene of the accident. They should be able to pull your report fairly quickly. If you have lost your Incident Report or were never...

Grays Harbor County Environmental Health Division is investigating the Rediviva Campylobacter food poisoning outbreak.  Rediviva has closed during the investigation.  Environmental Health learned that at least 19 people got sick after eating at Rediviva on Valentine’s Day.  At least one person has been hospitalized. Here’s what we know about this Rediviva Campylobacter Food Poisoning Outbreak: Rediviva is located at 118 E Wishkah St, Aberdeen, WA 98520. Chicken Liver Mousse? According to news reports , Environmental Health believes that improperly cooked chicken liver mousse may have been the cause of the Rediviva Campylobacter food poisoning on Valentine’s Day.  “Many of the known ill patrons continue to exhibit symptoms of illness. Though the investigation is ongoing, Environmental Health believes that the illness was caused by chicken liver mousse,” Environmental Health said . “Something to keep in mind is that Campylobacter is easily killed by thoroughly co...