If this had happened in NYS the fine would be the least of the contractor’s worries. Guaranteed that the employee would sue him on his GL under Labor Law 240/241. It’s an absolute winner for the injured worker and loser for the contractor.
This employee was either lazy, stupid, or both. If he was wearing requisite safety equipment, he must have received training in how to attach it to a lanyard. He failed to follow safety procedures. In the case of a recalcitrant worker, there should be no WC benefits. NY is one of only two states that continues to abide by the antiquated labor laws e.g. 240. If a workers own carelessness causes an injury, he/she should be barred from reovery.
Shoulda-woulda-coulda. We can all agree you are right as to the way it outta be, but that’s the way NY law is and it’s not going to change. This law has been in existance sine the 1890’s and there are too many lawyers profiting greatly from it. And, many of those lwyers are members of the state legislature whose firms make a killing in representing these idiot injured workers.
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If this had happened in NYS the fine would be the least of the contractor’s worries. Guaranteed that the employee would sue him on his GL under Labor Law 240/241. It’s an absolute winner for the injured worker and loser for the contractor.
This employee was either lazy, stupid, or both. If he was wearing requisite safety equipment, he must have received training in how to attach it to a lanyard. He failed to follow safety procedures. In the case of a recalcitrant worker, there should be no WC benefits. NY is one of only two states that continues to abide by the antiquated labor laws e.g. 240. If a workers own carelessness causes an injury, he/she should be barred from reovery.
Shoulda-woulda-coulda. We can all agree you are right as to the way it outta be, but that’s the way NY law is and it’s not going to change. This law has been in existance sine the 1890’s and there are too many lawyers profiting greatly from it. And, many of those lwyers are members of the state legislature whose firms make a killing in representing these idiot injured workers.