Brescia v. G.F. Hämmerle, Inc. highlights the rights of injured individuals to pursue damages beyond the scope of workers’ compensation benefits. New York workers’ compensation is a system designed to provide benefits to employees who are injured or become ill on the job. Under New York law, most employers are…
Articles Posted in Work Injury
Who pays damages in a workplace accident? Liriano v. Hobart Corp., 92 A.D.3d 33 (N.Y. App. Div. 2012)
Workplace injuries are a serious concern for employees and employers alike. Injuries sustained on the job can be debilitating and may result in lost wages, medical bills, and ongoing pain and suffering. In New York, injured workers have legal rights and may be entitled to compensation for their injuries. In…
Injured worker can sue third party for damages even if workers’ compensation benefits have been paid. Brescia v. G.F. Hämmerle, Inc., 7 N.Y.2d 544 (1960).
Brescia v. G.F. Hämmerle, Inc. is an important case because it highlights the rights of injured individuals to pursue damages beyond the scope of workers’ compensation benefits. New York workers’ compensation is a system designed to provide benefits to employees who are injured or become ill on the job. Under…
Plaintiff seeks wrongful death claim pursuant to the Jones Act Against City of New York – Duffy v. City of New York, 184 N.Y.S.2d 1006 (N.Y. Sup. Ct., 1958)
In this wrongful death claim, the issue is whether the decedent’s own negligence contributed to his death. The plaintiff is the widow of the decedent. The decent worked for Bronx Towing Co. as a deckhand. Bronx Towing had a contract with the City of New York pursuant to which Bronx…
Problems with Service of Process in Personal Injury Matter, NY Appellate Court Dismisses Action
The defendant third-party plaintiff-respondent in the case is the Waltco Truck Equipment Company. The plaintiff is Mark Mandel. The Coca-Cola Company is a third-party defendant, while the Industrial Truck Body is a third-party defendant-respondent. Court Memo A New York Injury Lawyer said an appeal was filed by the plaintiff to…
Plaintiff Seeks Declaratory Judgement in NY Appellate Court, Court Finds for the Plaintiff
The plaintiff in the case is Tower Insurance Company of New York. The defendants in the case are Jose Reyes and Camille Khan. Case History A New York Injury Lawyer said the case is a declaratory judgment action. The plaintiff, Tower Insurance Company of New York, is seeking a judgment…
Woman Settles Suit Against it’s Board and President
A woman who settled her harassment suit against a local town president will receive $75,000 in the settlement. According to online federal court records, the settlement was negotiated on Dec. 16, 2010. According to a New York Injury Lawyer, the lawsuit alleged that the former president inappropriately touched and made…
Harassment Lawsuit Adjusted to Include Additional Actions
A federal Supreme Court in Utah modified charges against a Weber County judge to include retaliation against the woman filing a harassment suit, a source was told. The woman filed the harassment suit February 2010 in the U.S. District Court for Utah in Salt Lake City. She named the county…
New Wisconsin Law Limits Punitive Damages
A source says that a new law is probably going to be signed by the governor of Wisconsin. This law, which does not go in to effect until ten days after the governor officially signs it, greatly limits the amount of punitive damages a person can claim against another in…
Accusations of discrimination prompt lawsuit against SoHo Apple store
A lawsuit filed against a SoHo Apple store by a former employee alleges discrimination based upon a mental health disorder, tells a source. The woman filing the lawsuit claims that she took a leave of absence due to mental instability, and once cleared by a psychiatrist to return to work,…