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Who Told Who? Labor Law 240 and the Recalcitrant Worker Defense

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 equipment, or failed to abide by safety practices facilitated by the employer.

However, in a recalcitrant worker case, the company must demonstrate that the safety solution was provided to the worker or that the supervisor gave specific safety instructions, and that the worker refused to use safety equipment or deliberately did not follow safety instructions.

Conflicting Testimony

One of the biggest problems with a recalcitrant worker defense is that the courts have to navigate personal and sometimes conflicting testimony. Obviously, many workers are going to contend that they did not deliberately refuse safety equipment or deliberately choose not to follow safety instructions. However, employers and supervisors may have differing testimony.

Here, it becomes extremely important for lawyers to act in a competent way. New York injury lawyers encountering this type of gray area need to do all of the required research to support their client’s claims. That research can be key because where testimony differs, proving the facts is going to largely affect the outcome.

In these types of cases, New York personal injury attorneys also need to know about specific statutes and how they apply in New York courts. They need to understand the recalcitrant worker defense on a deep level in order to try to defeat this defense when it does not have merit or deal with its negative impact on a case. This is just one example of how these experienced legal professionals work to make sure their clients’ best interests are pursued, and that their clients’ voices are heard in a court of law.

It’s important for qualified lawyers to consult with clients, listen to their concerns and make them feel confident.  It’s also important that they keep those clients informed about court hearings and other events and explain to them what’s reasonable or normal in New York courts. They will also go to bat for the client and try to work through certain kinds of defense issues, including the defendant’s contention that someone essentially caused their own accident by not complying with available safety protocols.

‘Recalcitrant worker’ is different than ‘comparative negligence.’ It’s the idea that someone willfully ignored or disobeyed safety procedure and got injured as a result — and a good injury lawyer can handle a wide spectrum of these types of defenses well to make a determination as to whether they have any legitimacy or not.

New York City Spinal Cord Injury Lawyers Can Help Harmed Construction Workers

Workers who sustain spinal injuries or are harmed in practically any other type of way in a New York City construction or building accident can contact Rosenberg, Minc, Falkoff & Wolff. Let us help you get justice under the law and represent your case in New York courts.

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April Johnson
April Johnson
15:54 30 Jun 23
Easy access to thr firm with a very nice Lawyer
Benjamin Roussey
Benjamin Roussey
19:03 29 Jun 23
No firm gets it done like RMFW. They are the best.They are awesome - for sure.
Roberto Martinez
Roberto Martinez
19:02 24 May 23
I’ve been in the personal injury field as an investigator for 29 years. All in New York City. Out of all the hundreds of Law Firms I’ve worked with, Rosenberg Minc Falkoff & Wolf, would have to be at the very top of my list. Amazing staff great attorneys.If you want the job done right, these are you guys.
Julio Ochoa
Julio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha Neri
Aisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki R
Aoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael Levites
Michael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
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