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The Attorneys at the Law Offices of Thomas L. Gallivan, PLLC provide effective, aggressive representation to individuals injured in the New York area. Our priority is to maximize the recovery of our clients injured due to the neglect of others.

A new analysis by Construction Dive details research showing “that construction workers had the highest positivity rates for asymptomatic cases of any occupation, including healthcare staff, first responders, correctional personnel, elderly care workers, grocery store workers and food service employees.”

The research was completed by Curative, a “testing firm”, in Los Angeles from August to October, according to the report, and consisted of giving people who tested positive for Covid-19 a questionnaire that inquired about their profession. It ultimately showed that construction workers “had a positivity rate of 5.7% for individuals who were asymptomatic, and 10.1% for those with symptoms, according to the study.” Continue reading

A lawsuit filed last month by New York Attorney General Letitia James alleges that the Roman Catholic Diocese of Buffalo, as well as three bishops associated with the Diocese, participated in the coverup of child sex abuse by its priests. According to the New York Times, the lawsuit represents the state’s first legal action against the Catholic Church since it launched a series of investigations into allegations of abuse in 2018.

The lawsuit alleges that the Diocese “and its two former top leaders… used bureaucratic maneuvers to shelter more than two dozen priests accused of harming children.” The bishop’s names are Richard J. Malone and Edward M. Grosz. In a statement released in connection to the lawsuit, the Attorney General said, “For years, the Diocese of Buffalo and its leadership failed to protect children from sexual abuse… Instead, they chose to protect the very priests who were credibly accused of these atrocious acts. Individuals who are victims of abuse deserve to have their claims justly and timely investigated and determined, and the Buffalo Diocese refused to give them that chance.” Continue reading

On August 14, 2019, a New York state law took effect allowing adult survivors of child sex abuse to file lawsuits against their alleged abuser despite an expired statute of limitations. This look-back window was extended by Governor Andrew Cuomo earlier this year in light of the Covid-19 pandemic, allowing victims an additional year to file such claims. Survivors of child sex abuse now have until January 14, 2021 to file their claims.

Prior to the passage of  the look-back window law, New York citizens could either file a civil lawsuit or bring criminal charges against their alleged abusers until they were 23 years old. As an advocate who helped shape the new legislation told NPR last year, the look-back law “raises the age for criminal charges to age 28 and the age at which someone can bring a lawsuit until age 55.”Asked why it took so long for the law to get passed, the advocate, Ariel Zwang, attributed the delay to “powerful and entrenched interests” who have protected abusers, including “religious institutions” like the Catholic Church and “youth-serving organizations” like the Boy Scouts of America. Continue reading

A recent report by the New York Times details some of the sex abuse claims filed against the Boy Scouts of America. As part of the organization’s bankruptcy proceedings, the organization has encouraged victims of sexual abuse to file claims against it, and will settle an undetermined amount of these claims via a compensation fund of an undetermined size. More than 80,000 claims were filed by a November deadline, though survivors in states like New York may yet be able to file claims against local chapters of the Boy Scouts.

The claims that have been filed so far involve alleged conduct in ever state, as well as alleged cases in military bases overseas, such as in Japan and Germany. According to theTimes, “the accusers range in age from 8 to 93,” and while a majority of men, some claimants are women. As the Times explains, the Boy Scouts of America was established in 1910 and received a congressional charter in 1916. It is currently attempting to reorganize through Chapter 11 bankruptcy. While it had around 5 million members in the 1970s, it currently has about 2.2 million members. Continue reading

Almost 90,000 sexual abuse claims were filed against the Boy Scouts of America in advance of a filing deadline last month. The claims, made in connection with the organizations bankruptcy proceedings, will be vetted, with an undetermined number to be settled from a compensation fund established during the bankruptcy process. Although that deadline has passed, claimants in New York can still file sexual abuse claims against local Boy Scouts of America councils, due to state law extending the period in which survivors of sexual abuse can file lawsuits. Continue reading

The labor union AFL-CIO recently released its 29th annual “Death on the Job: The Toll of Neglect” report. Among other things, the study examines state and national trends in workplace deaths, injuries, and illnesses; safety inspections; penalties and other sanctions issued against workplaces under the Occupational Health and Safety Act; and staffing issues. It also includes information about the Covid-19 pandemic’s effect on workplaces. Continue reading

A new study out of Toronto’s institute for Work and Health found that people working under inadequate Covid-19 safety measures may have increased rates of mental health issues. The study, conducted with Occupational Health Clinics for Ontario Workers, surveyed approximately 9,000 people, about 6,000 of which worked in health care settings, and of which 3,500 worked in non-healthcare settings.

Workers were presented with questions about “the perceived need and adequacy of eight types of PPE and 10 different infection control practices on the job,” according to a report by Safety+Health. It included such personal protective equipment as gloves, masks, eye protection, face shields, respirators, air purifying equipment, gowns, and hand sanitizer. As for infection control measures, these included “screening incoming patients, having asymptomatic patients wear masks, restricted access and controlled flow of COVID-19 patients in a facility, ventilation, and cleaning/disinfection practices,” according to Safety+Health. Continue reading

A new study out of Brown University investigates the risks of Covid-19 aerosol transmission in a car. According to Science Daily, the study, published in the journal Science Advances, found that the risk was lowest when all four windows were open. The researchers did not look at the airflow of respiratory droplets or the risk of infection, only the flow of aerosol particles through a moving car.

The researchers simulated airflow within a compact car using simulated models, in which the car’s driver was accompanied by a single passenger sitting in the rear passenger seat. One of the study’s lead authors told Science Daily that they found opening windows was a much better means of circulating air than turning on the vehicle’s own ventilation system. “Driving around with the windows up and the air conditioning or heat on is definitely the worst scenario, according to our computer simulations,” he said. “The best scenario we found was having all four windows open, but even having one or two open was far better than having them all closed.” Continue reading

A new analysis by Construction Dive asks whether the construction industry has fought the spread of Covid-19 as well as conventional wisdom would suggest.

As the article notes, a potpourri of academic research, public health data, and media reports indicate that the industry has not fared so well. There have been concerning outbreaks across the country, with construction workplaces having the third highest number of outbreaks in Washington and Michigan, and the second highest number of clusters in Nashville, Tennessee. Meanwhile academic research indicates that Texas construction workers are five times likelier to be hospitalized as a result of Covid-19 than workers in other sectors, and a CDC study found that construction sites had the second highest number of cases in Utah.

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The Occupational Safety and Health Administration recently released a list of its most common Covid-19 citations in construction and other industries, in order “to help employers understand which OSHA standards have been cited most frequently during COVID-19 related inspections.” The document was based on data OSHA maintains regarding its citations and inspections, which it states it initiated after complaints, referrals, or fatalities in various industries, including: “hospitals and healthcare, nursing homes and long term care settings, and meat/poultry processing facilities.”

According to OSHA’s data, the most common citations dealt with respiratory protection. Workplaces were cited for failing to provide a medical evaluation before a worker used or was fit-tested for a respirator; omitting information in workers’ medical evaluations; failing to perform appropriate fit tests; failing to ensure fit tests whenever a different respirator face piece was use; and failing to administer a fit test using a standard protocol.

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