Attorney Advertising
Chiariello & Chiariello - Attorneys at Law
Chiariello & Chiariello
View Our Practice Areas

Working around potential defenses to Labor Law 240

There are many dangerous activities in New York, but these can usually be carried out safely when using the proper equipment. People go skydiving, bungee jumping, rock climbing, and engage in other potentially dangerous recreational activities. These types of activities are optional, but there are many construction workers who face many hazard simply doing their jobs on a daily basis. However, just like those who engage dangerous activities for fun, construction workers can oftentimes perform their job duties in a safe fashion when using the proper equipment.

There are times, though, when the proper precautions are not taken, thereby resulting in construction accidents. Construction workers can suffer severe injuries in these accidents, leading to the need for extensive medical treatment. Such injuries can also prevent an individual from being able to work and earn an income. Compensation may be available to victims of workplace accidents, though, under Labor Law 240 and similar laws, which can be very beneficial.

Employers do not necessarily want to pay for these costs, of course, as they ultimately hurt their bottom line. So, they may assert defenses in an attempt to avoid compensating injured workers. One defense is the recalcitrant worker defense. This defense basically states that the proper safety equipment was provided, but the worker deliberately chose not to use it. Another defense is that the employer's failure to have safety equipment was not the reason that the accident occurred and ultimately was not the cause of the worker's injury.

There are many construction accidents every year in New York. Injured workers can suffer both physically and financially when subjected to one of these incidences. That is why under the labor laws they may be entitled to compensation to help ease financial burdens imposed upon them. Employers oftentimes try to use various defenses in an attempt to thwart the recovery of compensation, which why it is important to understand those defense tactics. By doing so, an injured worker may be able to counter appropriately and recover the compensation he or she deserves. Experienced attorneys understand these defenses and how to beat them. Consulting one of these legal professionals may therefore be useful.

No Comments

Leave a comment
Comment Information
Call 888-692-1540 for a
free initial consultation

Glen Cove Office


Chiariello & Chiariello
147 Glen Street
Glen Cove, NY 11542

Telephone: 888-692-1540
Fax: 516-801-8099
Email | Glen Cove Law Office Map

Forest Hills Office

by appointment only
Chiariello & Chiariello
118-21 Queens Boulevard, Suite 609
Forest Hills, NY 11375

Phone: 888-692-1540
Email | Forest Hills Law Office Map