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The Durst Law Firm, P.C.

NEGLIGENCE use a rule of thumb that the pain and suffering


LAWSUIT from an injury is worth three times the amount of the
lost wages and medical bills.
The law provides that if someone
Workers compensation benefits, no fault bene-
else’s carelessness was at least par-
fits, disability benefits and social security benefits
tially at fault for causing your injury,
they must compensate you. For
are designed to keep food on the table, but they
usually won’t pay enough to maintain the mort-
C ONSTRUCTION
example, if they were 50% at fault gage. W ORKERS
for the accident, they, through their
insurance company, must pay 50% A negligence claim is the only way that the
of your medical bills, pain and suf-
fering, and lost wages.
injured person will be fully compensated for his
lost wages and other injuries.
F ACTORY
W ORKERS
A claim for negligence must be
filed within 3 years of the date of
the accident. M ACHINE
For example, if a construction W ORKERS
worker is injured because a ladder
was not prop-
erly secured
to prevent it
from falling,
his employer,
or the con-
tractor that
hired the em-
Falls at construction sites ployer, must
are a common cause of c om p e ns at e
negligence cases. the worker for
not just the You are not alone. We are working for you.
maximum $400 per week received
from workers compensation, but
also the full amount of his lost John Durst
wages. If he was earning $1,000 per
THE DURST LAW FIRM, P.C.
week at the time of the accident, he
has written 3
can recover that full $1,000 per week books telling 285 Broadway, 3rd floor
while he is disabled. lawyers New York, NY 10007
how to prepare
Also, workers compensation
provides no payment for pain and and Phone: 212-964-1000
suffering, while a negligence claim take to trial TOLL FREE: 888-NYNY LAW
does. Insurance companies often Email: info@nynylaw.com
negligence cases. Webpage: www.nynylaw.com
MACHINE AND PRODUCT LABORERS
Thousands of workers are injured every year in factories
while using machines which are unsafe, and do not com-
ply with the safety regulations required by OSHA.
Workers injured on dangerous machinery have a right to
The Durst Law Firm, P.C. is a professional recover all their lost wages, both past and future, and full
corporation of attorneys who specialize in repre- compensation for their pain and suffering and disability.
senting workers injured while doing manual labor.
Machines must be designed to take human error into
When manual laborers are physically injured, they
lose their ability to earn a living.

We take great pride in representing them. These construction workers do not have safety belts or other
perimeter protection. Under New York law, the employer, Con-
John Durst has represented thousands of injury struction Manager, General Contractor and building Owner are
victims over 20 years. responsible if there is a fall that results in an injury. Construction
workers receive special legal protection against shortcuts taken
He has written four at construction sites.
books for judges and
lawyers instructing CONSTRUCTION WORKERS
them how to conduct If you are injured while working at a construction
the trial of personal site in New York State, the laws of the State are
injury cases. designed to provide you with the protection you
John E. Durst, Jr.
Unguarded press. deserve. Although the laws of our State are on
your side, these special laws are not understood
Our clients are often immigrants. consideration. Dangerous moving parts are required to by the average lawyer. It is important for you to
have guards to protect workers’ hands and limbs. The contact a specialist, who knows the law and how
Moses Apsan is President of
laws with regard to machine safety date back to the early to use it to help you fully recover for your injury.
the Federal Bar Council, and
1900’s. These laws are enforced by private attorneys like
one of the foremost immigra- At The Durst Law Firm we have been specializ-
our firm dedicated to protecting the worker.
tion attorneys in the United ing in construction accident cases for two decades.
States. He helps our clients Workers injured by outdated, unsafe machinery must sue We are dedicated to improving the safety condi-
become legal workers sharing Moses Apsan the manufacturer of the machine, or they will continue to tions for all laborers, and believe the law is and
in the American dream. sell the same dangerous equipment. Employers who use should be designed to prevent injuries from hap-
such equipment must be taught a lesson. pening.
Andrew Bersin was an out-
standing Assistant District
THE DURST LAW FIRM, P.C.
Attorney for the Kings
County District Attorney’s
Office for 10 years, before
putting his considerable
personal and professional 285 Broadway, 3rd floor
skills to work helping in-
Andrew Bersin New York, NY 10007
jured workers.
Phone: 212-964-1000
We each take pride in getting our clients TOLL FREE: 888-NYNY LAW
everything they deserve. Email: info@nynylaw.com
Amputation injuries happen because machines are Webpage: www.nynylaw.com
inadequately guarded

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