On August 24, 2011 Marlon Gomez was working for a small restaurant supply shop in the Bronx. While cleaning an exhaust hood, the product being used splashed into his eyes. The cleaning product contained a hazardous chemical, sodium hydroxide. When it splashed into Mr. Gomez’s face it resulted in total blindness to his right eye and severe loss of vision to his left eye.
You have a right to reasonable accommodations for your disability if they are necessary for you to perform the essential functions of your job. The problem in a situation like yours often lies in coming to an agreement about what is reasonable.
Several laws require employees to make reasonable accommodations for disabled employees. They include the federal Americans with Disabilities Act (ADA), the New York State Human Rights Law (HRL), the New York City Human Rights Law, and the New Jersey Law Against Discrimination (NJLAD).
To invoke these protections, an employee should formally request specific accommodations with an explanation of how such accommodations will enable him or her to perform the job. After receiving a request for accommodation, an employer has a legal obligation to participate in a process to attempt to meet the employee’s request.
Common workplace accommodations that are considered reasonable include:
- Modifying facilities to make them handicapped-accessible.
- Acquiring modified equipment or devices to assist with job functions.
- Modifying the employee’s work schedule.
- Adjusting job duties, or reassigning the employee to a more suitable position.
If an accommodation is an “undue hardship,” which usually means it is too expensive, your employer may deny it. However, you and your employer should both make a good-faith effort to determine how your employer can accommodate you, and how to make it happen.
If you think your employer is not fulfilling its obligation to accommodate your disabilities, a Ginarte law firm disability discrimination attorney can help you. Our attorneys are skilled negotiators as well as litigators. We may be able to solve the problem by meeting with your employers, or we may be able to pursue a failure-to-accommodate lawsuit for compensation under, either, federal or state law.
My name is César Canales, I am from Guatemala, I am 41 years old and this past 6th of December I suffered an accident that changed my life completely. Four fractures in the head, another under the left eye, a broken disc in the neck, constant dizziness, and intense headaches are the result of the unfortunate fall that I had from a scaffold without security five feet from the ground.
During the end of 2014, I worked the complete work week, Monday through Friday, doing a little bit of everything. On the day of the accident, my supervisor, who is my cousin, asked me to change the stairs that I was using for the scaffold to finish the job quicker. One misstep and my life changed forever.
I remained unconscious for 15 minutes and when I regained consciousness and asked to be taken to the hospital they asked me to wait for my boss, who appeared 40 minutes afterwards and he took me to the nearest hospital center, where they were not equipped with the adequatye medical equipment to attend me. From there I was transferred to another hospital where they informed me about my state.
Without knowing exactly what to do in my situation, I saw in television the legal assistance that the firm Ginarte offers and I called immediately. I was surprised of the effectiveness of the service, since a representative of the firm visited me on the same day and said “we are here to help you.” That phrase was a huge relief for me.
This past month of January, Ginarte began the lawsuit for lack of adequate protection in order to protect the safety of the workers such as myself. While my case continues its legal course, I focus on recovering. Thank God I haven’t had to worry about anything. Ginarte has made all the medical appointments and has sought worker’s compensation so that all my medical bills are paid.
The drastic change in my life I suffer day by day. Intense headaches, pain on my neck, shoulders and back make it difficult to do common tasks for a person such as walking, driving, or reading. Nevertheless, despite the consequences my future is now a mystery, what I do have clear is the importance to have patience, faith and to maintain a positive state of mind.
I know that I have the best firm of lawyers fighting for me. Your attention has been very personalized and the same time very professional. I know people who are scared of contacting a lawyer because they do not have their immigration documents in order, but this shouldn’t hinder them from obtaining the legal representation that they need. I recommend that you do the same as me. Trust in God, the medics, and Ginarte.
John O’Dwyer has been part of our firm of attorneys for more than three decades, in which time he has worked diligently to serve our clients, especially defending the rights of countless of workers who suffered physical injuries. A few months ago, his exceptional knowledge of the law and his dedication to justice has come to the service of the resident of New Jersey as judge to the Supreme Court of the state. He was nominated early November passed by the governor, Chris Christie and days later confirmed in his new position by the state senate.
But John is not the only member from the Ginarte Law Firm who has been elected to preside over courts of law. Bianka Perez, who began in our firm as a legal assistant and then worked as a lawyer, has recently been appointed judge of the second district (Bronx) of the Civil Court of New York.
The good news doesn’t end here, John Ratkowitz, Richard Isolde, Anthony Grisanti, and Patrick Andrews are the new attorney’s that have recently joined the Ginarte team, to continue offering the highest level of legal assistance to our clients.
John Ratkowitz has ample knowledge of construction accidents and defective machinery. He has more than 25 years of experience managing these types of cases.
Richard is an experienced attorney, with license to practice in New York & New Jersey, specialized in litigation for areas in construction, insurance coverage, damages to property, and civil liability.
Anthony, for his part, counts with more than 20 years of experience managing litigation for physical injuries, auto accidents, civil liability and labor law in the state of New York.
Patrick is an expert in cases of legal appellation.
John, Richard, Anthony, and Patrick, welcome to the Ginarte Law Firm!
José Ginarte came to the United States while he was still an adolescent. Along with his mother Yolanda, his father Orlando, and his brothers he came to live in Elizabeth, NJ. Shortly after, his parents found a job: his mom as a seamstress and his dad as a construction site worker.
Soon after, Ginarte decided to join his dad in construction work to help contribute with the family income. The reality of the immigrant worker devastated him: over time hours were not paid for, they received no benefits, including medical insurance and if they ran the unfortunate luck of getting injured, the employer usually found a way not to be responsible. “Construction work is very hard and on top of that you have to endure abuse and discrimination, it is like not having rights,” he affirmed.
And his family was no exception. His father suffered an accident with a saw that left him unable to work for several months. “As the oldest son I had to fight with the insurance company and the employer so that they paid my father what was corresponded to him. It was very difficult living with the impact that the situation had on my family,” Ginarte remembers.
However, these are the exact difficulties that tend to be determinants and this is what happened to Ginarte. He always dreamed of becoming a lawyer but the experiences that he lived with his father confirmed his path to his true calling: defending those rights to immigrant workers.
In 1982 and after he graduated with high honors from the University of Kean, Ginarte opened his first office. Three decades later the Ginarte Law Firm counts with seven offices in the New York & New Jersey area, more than 150 employees, and dozens of recommendations and honors, more than 170,000 cases taken, from which many have been resolved, reaching monetary amounts of seven figures.
“I feel very proud to have been able to help those who needed it and who deserved to be compensated for the negligence of others.” One of the cases that have marked Ginarte, is one of an undocumented Latino worker who fell from a roof and was left quadriplegic. Aside from, various months of hospitalization, the medical center initiated a process of deportation. Ginarte took the case to federal court and not only achieved to avoid the deportation, but also obtained the employer benefits, who up to that point had not made themselves responsible for the accident.
“It’s been now 35 years of work and effort, and I want to thank everyone who has formed part of the Ginarte legal team, for your dedication and compassion. Also, I want to thank my family and above all, God, who has permitted me every day to do what I love, help our people.”
Whatever your legal situation may be, as an immigrant in the United States, with or without documentation, you and your family members have rights under the Immigration and Custom Enforcement (ICE), and now more than ever, it is important to know those rights and to be prepared for any event that could present itself.
If an immigration officer detains you, you have the right to withhold documentation that shows your legal status in this country, as well as not responding to questions, unless they show you a warrant from a judge in which it explicitly solicits that information. It is important that you ask, “Am I being arrested?” and if they respond “No,” you don’t have to provide them any type of information. The same thing happens if an immigration officer walks up to your home, only allow an officer to enter, if they have a warrant from a judge.
In the case that there is a warrant from a judge, it is important not to present any false information or false documentation, and not to sign anything that you do not understand, since these actions can be used against you in court. If you or a family member is taken to a detention center and you do not wish to return to your country of origin, you have the right to a meeting with an immigration officer before your deportation.
If you have been injured whether it was because of an accident at work or any other type of accident, and you are worried about your legal situation, call us immediately at 1-888-GINARTE (1-888-4462783), we are prepared to protect your rights.
Share this information with your family, friends, and community, it could change their lives!
A utility cart is a small motorized vehicle such as a cushman, gator, golf cart, club car etc. that are used to carry supplies, equipment, products, goods, injured athletes, etc. Although, they are smaller than regular cars they can still carry large and heavy loads and reach high speeds, enough to cause an accident or seriously injure someone. If you work in an industry that uses utility carts, you should be taking precautions every time you drive.
Since there are many different types of utility carts, it is important to always be familiar with the operations of that specific utility cart. You can do this by having a pre-operation checklist:
- Check the manual
- Check the fuel or battery charge
- Check the tires
- Check the weight/load capacity
- Check the horns, lights, and alarms
- Last but certainly not least check for safety equipment
Types of Accidents
- Cart vs Cart – these kinds of accidents tend to happen when drivers get distracted.
- Cart vs Pedestrian – pedestrians should always have right of way.
- Cart vs Other Motor Vehicle – to avoid these accidents it’s important to obey all traffic rules & not block driveways.
- Single-cart – A lot of accidents can occur when exceeding the weight limit. Be mindful of the maximum persons in a utility cart, when cart is over loaded with passengers or cargo it is harder to stop and the cart is more likely to flip.
Safety Practices to Follow:
In general you should be following all parking regulations and traffic laws. Although this is a smaller vehicle and some utility carts have a roof it is still important to remember that unless the vehicle is DOT approved and licensed for such use it should not be on public roadways. It is important to also keep an eye out for pedestrians and other vehicles, and follow general driveway regulations. Heavy loads should also not be extended excessively beyond the sides of the cart.
New Jersey State Regulations
In accordance with N.J.S.A. 39:4-31.2, Low Speed Vehicles (LVS) operated on any public road or highway in the state shall be maintained in proper condition and comply with the following equipment requirements and standards:
- Adequate brakes to control the movement of the vehicle;
- An odometer;
- A speedometer;
- The original manufacturer’s VIN die-stamped on the body and/or frame, engine or motor of the vehicle; and
- A safety information decal provided by the manufacturer which must be in a conspicuous place on the rear of the vehicle displaying “25 mph Vehicle”.
Personal Injury Lawyers in New York & New Jersey
If you, or someone you know, have suffered a personal injury in the New York or New Jersey area because due to the negligence of someone not using a company’s vehicle properly, the law firm of Ginarte Gallardo Gonzalez Winograd L.L.P., wants to hear from you. It is possible that the employer did not issue the proper training for these vehicles or that safety equipment wasn’t being used at the time.
Contact us now to find out how we can help you get the money you deserve at 1-888-GINARTE (1-888-446-2783) today. You can also fill out our online form if you prefer.
Welcome to another edition of Meet the Staff! This month we are going to our Union City office to meet Branch Office Manager, Hansy Velasquez. She was born in Guatemala and raised in El Salvador by her grandmother, Maria Velasquez. At the age of 16, she came to this country and moved to Union City, where she currently lives. [Read more…]
Welcome to another edition of Meet the Attorney! This time, we are introducing attorney Ellen Radin. Ms. Radin completed her Bachelors of Arts at Barnard College – Columbia University, and proceeded to study law at Benjamin N. Cardozo School of Law-Yeshiva University. In December, Ms. Radin celebrated her 10 year anniversary with the Ginarte Law Firm. [Read more…]
The Ginarte Law Firm would like to take this time to wish you and your family a very Merry Christmas. May you have a prosperous and healthy new year! We appreciate your trust and belief in us and we look forward to serving you in the coming year.