This drumbeat has been sounding for over 15 years. In thes claims, there is no arguement over negligence, just damages. This is a plaintiff attorney’s dream. Isn’t it coincidental that the speaker of the Assembly in NY (who controls what legislation hits the assembly floor) is a plaintiff’s attorney from Manhattan? Lawyers get him re-elected and are his power base, not homebuilders and farmers in upstate NY. Likewise, trade unions and municipal employees unions also vote in lockstep- so don’t expect any reform soon. Continue to watch upstate NY wither.
Dan is right on the mark. As long as Sheldon Silver (trial lawyer)heads the Democrats in the Assembly, this law will not change. The only reason we have car leases again in NY is because of federal legislation. That is what’s needed here. The NY legislature is “dysfunctional” at best.
There is always too many lawyers involved in something like this. Maybe Spitzer is getting a kick-back, contingency or some other payback that he took all the carriers & brokers to task over. How about some transparency?
NY is simply a microcosm of Washington DC…lawyers run everything. In what other business can one take a hiatus to run for office, serve in office, and still maintain his income from his partners’ law practice, then come back after serving in political office to his former occupation, perhaps with an enhanced political reputation which would benefit his firm? I couldn’t afford to do it in the claim business. You probably couldn’t afford to do it in your business. It’s sickening.
New York should look to Illinois for appropriate tactics to beat this Labor Law mess. Illinois’ Structural Work Act, which was similar to NY Labor Law, has been defeated and is no longer the Law of the land. Perhaps some of the tactics that defeated it could be employed in NY.
It is interesting that the insurance lobby and big companies that write the policies such as AIG do not get more involved.
Perhaps its that despite it all, they are making more money than ever on comp and liability policies? Evidently the scaffold law doesn’t bother them that much.
Dan and Clm. Mgr’s comments are right on point. As with most countries, the political machine is incestuous. Many politicians are attorneys, and not defense attorneys either. They take care of themselves by protecting their interests. Unfortunately, the labor law scam has two constituencies behind it; organized labor and the plaintiff bar. I’ve seen dozens of labor law claims over my 35 year career. Unless you can prove the injured employee was a “recalcitrant” worker,(never seen that one) there is no defense. Labor law is an embarassment. Workers Comp. is the appropriate rememdy.
Workers need to take responsibility for their own negligence. And, there is an assumption of risk as well. Just because there’s an accident at a construction site doesn’t mean anyone was negligent. Some things are inherent to the work. Labor law is simply another way the political machine shifts the costs to the private sector.
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This drumbeat has been sounding for over 15 years. In thes claims, there is no arguement over negligence, just damages. This is a plaintiff attorney’s dream. Isn’t it coincidental that the speaker of the Assembly in NY (who controls what legislation hits the assembly floor) is a plaintiff’s attorney from Manhattan? Lawyers get him re-elected and are his power base, not homebuilders and farmers in upstate NY. Likewise, trade unions and municipal employees unions also vote in lockstep- so don’t expect any reform soon. Continue to watch upstate NY wither.
Dan is right on the mark. As long as Sheldon Silver (trial lawyer)heads the Democrats in the Assembly, this law will not change. The only reason we have car leases again in NY is because of federal legislation. That is what’s needed here. The NY legislature is “dysfunctional” at best.
There is always too many lawyers involved in something like this. Maybe Spitzer is getting a kick-back, contingency or some other payback that he took all the carriers & brokers to task over. How about some transparency?
NY is simply a microcosm of Washington DC…lawyers run everything. In what other business can one take a hiatus to run for office, serve in office, and still maintain his income from his partners’ law practice, then come back after serving in political office to his former occupation, perhaps with an enhanced political reputation which would benefit his firm? I couldn’t afford to do it in the claim business. You probably couldn’t afford to do it in your business. It’s sickening.
New York should look to Illinois for appropriate tactics to beat this Labor Law mess. Illinois’ Structural Work Act, which was similar to NY Labor Law, has been defeated and is no longer the Law of the land. Perhaps some of the tactics that defeated it could be employed in NY.
It is interesting that the insurance lobby and big companies that write the policies such as AIG do not get more involved.
Perhaps its that despite it all, they are making more money than ever on comp and liability policies? Evidently the scaffold law doesn’t bother them that much.
Dan and Clm. Mgr’s comments are right on point. As with most countries, the political machine is incestuous. Many politicians are attorneys, and not defense attorneys either. They take care of themselves by protecting their interests. Unfortunately, the labor law scam has two constituencies behind it; organized labor and the plaintiff bar. I’ve seen dozens of labor law claims over my 35 year career. Unless you can prove the injured employee was a “recalcitrant” worker,(never seen that one) there is no defense. Labor law is an embarassment. Workers Comp. is the appropriate rememdy.
Workers need to take responsibility for their own negligence. And, there is an assumption of risk as well. Just because there’s an accident at a construction site doesn’t mean anyone was negligent. Some things are inherent to the work. Labor law is simply another way the political machine shifts the costs to the private sector.