As we’ve discussed before, New York State labor law provides a relatively broad and expansive set of protections to New York construction workers, especially around certain protected activities that involve working on tall structures. But regardless of the general liability that this rule puts on companies and contractors, there are exclusions, and although some use the term “absolute liability,” the outcome of a work injury case is not absolute. One possible defense from a company or controlling party would be the “recalcitrant worker” defense. This defense contends that the worker who was injured was offered serviceable and functional safety gear or equipment and turned down this

When it comes to handling workplace liability, smart managers have a plan in place. They not only provide safety gear and equipment, but they also look at physical aspects of the worksite specific trained eyes. They typically develop the criteria for handling safety issues so that they deal with the biggest ones first. And that can make all of the difference in an effective plan to decrease liability and of course, protect workers. Heavy Items, Heavy Equipment One easy way to address the biggest workplace injuries is to look at the heaviest equipment and heaviest types of materials that are mobile on a job site.