Ernest Holzberg & Associates Blog

New York City Personal Injury Lawyers

Ernest Holzberg & Associates FAQ

New York City Personal Injury Lawyers

Winter Weather is Here

Winter Weather is Here

Winter weather has arrived in full force. We have already had three snow storms and conditions are hazardous. This is the time of year when everyone worries about slips and falls on snow or ice. If you are injured, who is responsible? If you own property you need to know what you are required to do to keep pedestrians safe.

If you are injured in a slip and fall, in addition to dialing 911 to get an ambulance you should make a police report. The police will write what is known as an “Aided Report” which will document how and where you fell. Be specific about the location but avoid stating details to police or medical staff about the size of the ice patch or color of the ice or snow. If you fall during an ongoing storm you should look to see if there was “old ice” underneath the new snow.

Remember, “a picture is worth a thousand words” so try to take photographs as soon as possible after an accident.

Property owners in New York State have a duty to clean snow and ice on their property within a reasonable period of time after the snow stops. There is no State wide bright-line rule about the length of time that is considered reasonable.

In New York City there is a clear rule in the Administrative Code 16-123: Apartment Building owners have to clear snow and ice from the sidewalk within four hours after it stops snowing. If the storm ends after 9:00 p.m. the four hour period begins at 7:00 a.m. the next morning.


If the sidewalk is in front of a commercial property, such as a store, the commercial tenant is required to clean the sidewalk. If you fall in a private parking lot, there may be a plowing company which can also be held responsible for your injury.

Every snow and ice injury case is different and the proof required to be successful can be tricky.

Be sure to note the date, time and place where you fell and contact a personal injury attorney soon as possible after your accident.



Work Related Injuries

New York State law requires that an employer have Workers’ Compensation Insurance to cover a worker who is injured while “on-the-job”. This insurance is available to cover all types of work-related injuries. An injured worker should immediately report the injury to the employer and seek medical treatment to document the injuries. A claim will be established with the insurance company for the employer and hospital and medical bills will be paid by the insurance company. Lost earnings are also covered if the injured worker is unable to work. Workers’ Compensation insurance covers all work place injuries, regardless of how the injury happened. Under the law in New York, an employee cannot sue his or her own employer.


There are cases where you are injured while working, and in addition to making a Workers’ Compensation claim, you may be entitled to make what is called a “Third-Party” Claim. To make a Third-Party Claim, you need to show that your accident was caused by the negligence of someone other than a co-worker or your employer. For example, if you are a truck driver, bus driver or taxi driver and while working you get hurt in an accident with another vehicle you may be able to sue the owner and driver of that other vehicle, if the other vehicle’s driver was at fault. Or, you could be working on a construction site with different sub-contracting companies. If an employee from another company causes your injury you can make both a Workers’ Compensation Claim and a Third-Party Claim against the other contractor. Another example: You work for a company which rents space in an office building. The building’s owner is responsible for making sure the building is properly maintained. If you are injured in the bathroom, the elevator or the lobby of the building you will have a Worker’s Compensation claim through your employer’s insurance. You may also have the right to sue the building’s owner depending on how the accident happened. You should call Ernest Holzberg & Associates immediately to investigate your accident and see if you have a Third-Party claim. These cases need to be carefully coordinated with the Worker’s Compensation case. We have successfully handled many types of Third-Party cases for over 50 years. If you need a workers’s compensation attorney we will refer you to one even if you do not have a Third-Party claim.

It is important to have the right team behind you fighting for your rights and getting you the compensation you deserve. We are here to help you with your work related injury case. Please call us as soon as possible after an injury as there are deadlines for filing claims.We have successfully handled many types of Third-Party cases for over 50 years. It is important to have the right team behind you fighting for your rights and getting you the compensation you deserve. We are here to help you with your work related injury case. Please call the New York Personal Injury attorneys at Ernest Holzberg & Associates as soon as possible after an injury as there are deadlines for filing claims. We have successfully handled many types of Third-Party cases for over 50 years.


Summertime Accidents in Parks and Playgrounds

The arrival of warm weather means enjoying time outdoors, at the playground, in a park or maybe just sitting on a bench. Many public spaces are owned and maintained by the City. Sometimes, they are privately owned such as a playground at an apartment complex.

Public spaces and parks need to be regularly inspected and properly maintained by the owner or manager in order to keep visitors safe. That includes maintaining adequate cushioning under the Monkey Bars at the playground and making sure dead tree limbs are removed promptly. A recent New York Times article discusses injuries occurring in Central Park and elsewhere when dead trees are neglected by park workers.

At Ernest Holzberg & Associates, our New York accident attorneys specialize in helping people who are injured due to negligence. If possible, report any dangerous conditions you see to park maintenance before an accident happens. In the event of an accident, call 911 to get medical help at the accident scene. The police will make an Aided Report, with your name and the accident details. Take photos of what caused your injury and please call us at (646) 783-3545 as soon as possible for a free legal consultation.


Ride Safely in the Back of a Yellow Cab

NYC TaxiI don’t know about you but most of the time I’m getting around New York City by public transportation, in other words, the subway. It’s cheap, convenient and fast. Of course, there are those times when you need a taxi cab, such as when it’s late at night, it’s raining or you are just too tired to climb the subway steps.

When you get into the back of the taxi it’s tempting to just say where you are going and then lean back and relax. Before you do that please, put on your seatbelt. Take a look at the plastic divider in front of you. It’s hard, it’s got metal, its really close to your face. If there is an accident and you’re not belted in the back, your face is probably going to hit that divider hard.

Personal injury lawyers like myself see these“divider injuries” over and over again. Broken noses, facial cuts requiring stitches, lost teeth, months of reconstructive dental work. Sure you will be able to sue for your injuries, but the defendants will likely claim a “seatbelt defense”, which could reduce your recovery. More importantly, you may have permanent facial scars or lose some of your natural teeth.

Years ago, it was common to get into the back of a yellow or gypsy cab and not be able to find a working seatbelt. That is not true anymore. Cabs are required to have working seatbelts for three passengers in the back and the taxi inspectors check this regularly. (Take a look at the Taxi and Limousine Commission website www.nyc.gov/tlc). If it’s dark and you can’t find the buckle, just ask the driver to turn on the light.

Please do not get lazy and think to yourself “it’s a ten minute ride home, nothing is going to happen”. That’s when accidents happen.

So, what is the number one rule for riding safely in the back of a cab? PUT ON YOUR SEATBELT!

If you, or someone you know, has been injured in an accident.  Please don’t hesitate to call our NYC personal injury attorneys at (212) 391-1139.  Our  attorneys will help you to file your case and get the compensation you deserve.