In New York State, a certain classification of workers are protected from elevation related and other risks during the construction, renovation, alteration, repair, painting and pointing of a building or structure. Sections 240(1) and Section 241(6) of the Labor Law of the State of New York provided extraordinary protection to such workers. As such owners, general contractors and their agents, even those who do not direct or control the work being performed, may be found vicariously responsible for injuries which occur on job sites.
At Connors & Connors, P.C. our attorneys have defended hundreds of such claims on behalf of owners, general contractors, architects and their agents. The defense of such claims requires both a familiarity with construction practices as well as a thorough understanding of indemnity agreements, hold harmless agreements, additional insured endorsements and issues of insurance coverage. We endeavor to keep current with the plethora of decisions interpreting the application of Sections 240(1) and Section 241(6) so as to distinguish those cases which do not afford plaintiffs the extraordinary protection of the Labor Law.
In addition, we assist our clients in identifying the first opportunity to tender the defense of claims being asserted against them to the responsible party pursuant to either contractual or insurance policy provisions. When the tender of defense is appropriate, and the party to whom the tender has been made refuses to voluntarily acknowledge their contractual responsibilities, declaratory judgment actions are recommended and commenced as soon as our clients desire.
At Connors & Connors, P.C. our goal is to promptly investigate and evaluate our client’s potential exposure. We then craft a defense designed to protect our client and minimize plaintiff’s potential award.