NY Labor Law- 6 Basic Risk Management Techniques To Avoid A Potential Law Suit
The truth is that injuries happen. Approximately two deaths per day on average are reported due to fatal falls from ladders, scaffolds, buildings, and other height-related incidents according to a study conducted by the National Institute of Occupational Safety and Health (NIOSH). Falls from scaffolds on average represent 50 deaths annually and approximately 4,500 injuries. Injuries can result from falling objects or construction debris on the jobsite.
The New York Labor Law holds property owners responsible to compensate workers injured while repairing their building, even if the worker is 100% at fault. In order to avoid a New York Labor Law Suit from happening to you, follow these basic techniques listed below:
- Require the contractor to provide a written safety plan and ask them if they will be performing any risky height related work. Clearly communicate that contractors are NOT to use the property owner’s construction related equipment.
- Review written contracts with your attorney before signing anything. A poorly designed contract can leave you without the protection you need. Your contract should state that all subcontractors must carry the minimum required General Liability limits.
- Require the general contractor to agree to indemnify and hold you harmless for any losses which occur during the repairs.
- Require a waiver of subrogation agreement from the general contractor.
- Require the general contractor and subcontractors to add you as an additional insured on their General Liability policies.
- Require the General Contractor to supply you with a certificate of insurance BEFORE they are allowed to start working. After the work has started, you should have a system in place to make sure you obtain updated certificates prior to their insurance expiring.
New York Labor Law- Click to read article
Sample Indemnity Sticker
Feel free to read Ed Mackoul’s article as published in the Mann Report on the New York Labor Law- “No Insurance = No Entry”






