To “mitigate” means to decrease the severity, seriousness, or painfulness of something. In a personal injury case, the injured party has a duty to mitigate his or her damages. This means that you have a legal obligation to take reasonable steps to reduce the consequences of the harm inflicted upon you. To put it simply: You may […]
What to Do If You Have an Unsafe Workplace
Many workplace accidents – and New York workers’ compensation claims – could be avoided if New York employers took effective steps to minimize hazards or unsafe conditions at the workplace. By law, they’re required to. The Occupational Safety and Health Act (OSHA) demands that employers must maintain a workplace free of hazards that they know […]
NY Workers’ Comp Death Benefits Can’t Be Reduced For Non-Work Injuries Causing Death
The highest court of New York has ruled: the state’s Workers’ Compensation Law does not demand apportionment of death benefits between work-related and non-work related causes of death. Simply put, a deceased employee’s survivors may be entitled to the full amount of death benefits, even if the death wasn’t solely caused by the work-related injury. […]
Filing a New York Workers’ Compensation Claim
Workers’ compensation is an insurance program that provides compensation to employees who experience on-the-job injuries. If you get injured while on the job, you should be sure to seek medical attention immediately after the injury occurs. At that time, you should tell your doctor that your injury is work-related and provide the name of your employer. (You should not […]
Mitigating Damages After a Personal Injury Accident
If you have been injured as a result of the negligence, recklessness, or intentional actions of another, the law requires that you mitigate your damages. In simple terms, this means that you will need to use reasonable care and diligence to minimize your injury. To effectively do this, there are certain actions that you must take. For example: Go to all of […]
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