Labor Law

Proudly Serving Buffalo & Western New York

Construction accidents implicating the provisions of the New York Labor Law are often some of the highest exposure cases that insurers face. Knowledge of the Labor Law, and the current state of the case law, is crucial to a successful defense as is the experience and ability to handle the extensive discovery proceedings and depositions that are necessary to defend these cases. We have extensive experience handling large exposure construction accident cases and have successfully represented many project owners, developers, general contractors, construction managers, subcontractors, employers, and their insurers in cases involving personal injury, wrongful death, and injured workers claiming inability to return to the workforce. In addition, we have extensive experience counseling clients on insurance coverage issues that are often intertwined with large construction projects including pursuing declaratory judgments and third-party enforcement claims. We have won favorable decisions in these types of cases at trial and on appeal in New York State courts.

Significant Results:

Sherk v. The Pike Company, successfully defended this claim against the owner of a sewer plant that was being waterproofed by worker injured when he slipped in sewer basin on water and green slime claiming unsafe work place due to slippery condition.

Spoth v. P.A.T. Construction, successfully defended the contractor who was building a one story home against claim by worker injured when he fell through hole left unguarded.

Elliott v. LPCiminelli, successfully defended claim against owners of the Marriott Hotel in Amherst, New York against claim of worker injured when he fell from stilts while doing drywall work (also successfully brought in insurance carrier for employer to place substantial liability on employer).

Scott v. Crystal Construction, successfully defended owner/contractor against claim by injured worker who fell from a ladder while he was working on electrical lines on a pole (expanded the law in the State of New York as to the recalcitrant worker defense). Scott v. Crystal Constr. Corp., 1 A.D.3d 992, 768 N.Y.S.2d 745 (4th Dept. 2003).

Defense Practice Areas

  • Auto Liability
  • Insurance Coverage
  • Insurance Errors and Omissions
  • Labor Law Liability
  • Medical Misconduct
  • Premises Liability
  • Products Liability

Question? Give Us a Call to Talk About Your Case

Defense – Labor Law

Testimonials & Case Results

  • "A worker was loading a logging truck and was not given the proper safety equipment.  He fell off the truck and sustained injury.  A high six figure settlement was negotiated for the client and this case expanded the scope of liability under the Labor Law in New York to include falls off trucks."

  • "After orthopedic knee surgery, a man called his surgeon’s private office complaining of chest pain.   The surgeon’s office failed to respond appropriately to the complaints which were of an emergency nature and the man died of pulmonary embolism the next day.  A significant settlement was negotiated on behalf of his family during the trial."

  • "After orthopedic knee surgery, a man called his surgeon’s private office complaining of chest pain.   The surgeon’s office failed to respond appropriately to the complaints which were of an emergency nature and the man died of pulmonary embolism the next day.  A significant settlement was negotiated on behalf of his family during the trial."

  • A young woman underwent a bunionectomy performed by a Podiatrist which was performed improperly, leaving her foot disfigured and leaving her in more pain than she had been in before the surgery.  The Podiatrist agreed to a significant six figure settlement shortly prior to trial.

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