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Unsafe Under Any Circumstances

The employer is responsible for a dangerous work environment that resulted in a near-fatal shooting, according to the Occupational Health and Safety Administration.
After a lone convenience store worker was shot in the leg during a May 10, 2015 armed robbery, OSHA cited Speedway LLC Inc. for a “serious violation” and ordered it to pay a $7,000 fine. Inspectors observed a number of deficiencies as the gas station-convenience store, including the lack of a drive-through window for late-night operations, a lack of a panic button, and no bulletproof glass or other barrier. OSHA also insisted that the store make other physical changes, such as signage that advertises the security precautions and deters possible criminals.
Robert Kulick, OSHA’s regional administrator in New York, declared that “The hazards of workplace violence in late night retail establishments are well known, but so are the measures employers can take to safeguard their employees against these hazards.”

Suing Outside Workers’ Compensation

Because there is less money in the workers’ compensation system, it is more important than ever to look for ways to legally bypass the system and sue in civil court for damages. Procedurally, victims can demand more money in civil court. Practically, jurors nearly always want to blame someone when a tragedy occurs, and a greedy employer who puts profits before people is often a tempting target.
Injured workers have a number of options to take their claims outside the Workers’ Compensation Board, including:

  • Scaffolding Law: This provision applies to many construction accidents, and it holds general contractors strictly liable for injuries in civil court.
  • Extreme Recklessness: In the above story, if Speedway knew about the dangerous conditions in the store and continued to post workers alone in overnight hours, the victim may have a claim in civil court.
  • Negligent Co-Worker: A common example is a driver of a company-owned vehicle who crashes and injures a fellow worker.
  • Defective Product: The manufacturer of a dangerous product is responsible for any injuries that it causes.

In a workers’ compensation claim, victims may receive money to compensate for their lost wages and medical expenses. In a negligence lawsuit, victims may also be entitled to compensation for their pain and suffering and other non-economic damages.
For a free consultation with hard-working attorneys who look at the case from every angle, contact our office.

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Road Rage Incident

Mitchell Proner spoke in support of NYC motorcycle riders and called on NY lawmakers and police not to overreact to a highly publicized road rage incident or to let that incident cast all motorcyclists in a bad light.

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Attorney Mitchell Proner was on hand when the motorist accused of hitting a female jogger on a road in Central Islip appeared in a New York courtroom to answer charges of leaving the scene of a fatal accident.

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Attorney Mitchell Proner, an expert on maritime law, spoke about the similarities between the Costa Concordia ferry disaster and the recent Indonesian ferry accident that killed at least 24 people.

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Mitchell Proner is an amazing and very experienced trial lawyer, who takes care of his clients. He represented me in a car accident case, kept me very informed during the lengthy legal process and got me the settlement that I expected. His friendly office staff was always willing to assist and answer any questions I had. I recommend Mitchell Proner to all my friends and family!

Besides being well versed and very knowledgeable about all aspects of my case it was simply a pleasure dealing with Mr. Proner and his colleagues at Proner and Proner. In a time of hardship Mr. Proner and the staff at Proner and Proner made it very easy for us to cope with all of the legal processes which we are not accustom to. I couldn't recommend a better group of people let alone an attorney as Mitchell Proner and the staff at Proner and Proner. Thank you again for all of your assistance.

Awesome experience, excellent service, very professional and fast resolving my case. My number one attorney - definitely recommended more than once. Thank you!