Labor Law Pointers Special Holiday 2024 Edition: 'Twas the Night Before Construction'

 

 

 Note from David R. Adams:

It’s that time of year again, where we send out our Holiday special edition. We, as usual, would first like to thank our many readers. This newsletter started when I would take every Labor Law case from each department and the Court of Appeals, summarize, and analyze it for my own use, keeping a running digest of these opinions.  I sent the results of some cases to various clients, just to share the information and several wanted me to provide them as I created them.  This became disorganized so I decided to just send the entire grouping at the end of each month. Those emails to a few friends then became a newsletter on November 2, 2011, when we started by a thorough review of the Wilinski v 334 East 92nd Housing Development case from the Court of Appeals.  The rest, as they say, is history.  We have, over the years, had many contributors to Labor Law Pointers, and their work is greatly appreciated. 
 
This year, I have had the privilege of announcing that Marc Schulz, a long time contributor and member of the Labor Law Team here at Hurwitz Fine is now the co-chair of the team, a well deserved designation.  He was the first associate assigned to my team, and it was really just the two of us for the first few years.  Our team now stretches across the state, with Myself, Marc Schulz, Eric Andrew and Tyler Eckert here in Buffalo; Tim Welch in Rochester; and Brian Mark, Joseph Mendoza, Patrice Melville, and Ashley Cuneo in our NYC Metro office; we cover the state with experienced Labor Law attorneys.
 
So, with that, we all wish you a Happy Holiday and our annual offering of “A Visit to the Construction Site” or “Twas the Night before Construction”.  I hope you enjoy reading it as much as I enjoyed writing it. 
 
Happy Holidays and best wishes to all for a healthy and happy New Year. 

David

David R. Adams
Hurwitz Fine P.C.
The Liberty Building
424 Main Street, Suite 1300
Buffalo, New York 14202
Phone:  716.849.8900
Direct:  716.849.8916
Fax:  716.855.0874
Cell:  716.553.6901
Email:  [email protected]
HF Website:  www.hurwitzfine.com

 

A Visit to the Construction Site
or
‘Twas the Night Before Construction

 
By David Adams

(with apologies to Clement Clark Moore)
 
‘Twas the night before Christmas and down at the site,
Not a tradesmen there was working, no one hanging a light;
The impalement protection hung by the shaft with great care,
Just in case an OSHA inspector decided to look over there.
 
The power tools were locked in the biggest gang box,
While the neighborhood kids pummeled windows with rocks;
The guard in his uniform and I in hard hat,
Had just opened a bottle from an old dusty vat;
 
When up on the third floor there arose such a sound,
That I flew up the ladder without touching the ground.
Away to the scaffold I ran looking spastic,
Jumped into the abatement area, and tore open the plastic.
The security light, on the beams of the just ‘rected structure,
Gave a look of great progress to this new joint venture,

When what through my tempered safety glasses did appear,
But a tipped over ladder and some broken veneer,
With a little old worker, looking injured and stiff,
I knew right away that he’d become a plaintiff.

More rapid than vultures the attorneys they came,
And they pushed and they shoved and called out his name,
“No I saw him first”, and “Who tipped that ladder”,
“Oh please just stand back, I will handle this matter!”

I filed pre-suit discovery on my way over here,
Said the one from the billboard, two phones to his ear.

As squirrels before racing trucks would flee,
When faced with an accident they giggled with glee.
So up to the scaffold the attorneys they flew,
With cards, blank retainers, and golden pens too.

And then in a twinkling I saw on the floor,
A harness, a lanyard, right there by the door.
As I stepped over closer and was looking around,
Plaintiff, he donned it, with a distinct clicking sound.
 
It was yellow and black with a sliding back ring,
And to keep you from falling, it was just the right thing;
So there, on the worksite, a safety device,
Appropriate and available, now isn’t that nice!
 
His leg how he held it, his arm it looked bad,
But the issue to my mind, what instruction he’d had.
Was he told to tie off, was he told not to climb,
Was he told to have the ladder be held every time? 

He had a pleasant face with a small little slice,
It bled as he rubbed it, which he seemed to find nice.

He was looking around, from lawyer to lawyer,
Asking each one “Can I sue my employer?”
With a wink and a nod, the attorney he said,
There are ways and I know them, you have nothing to dread.

We have us that statute, it’ll make you quite wealthy,
It will fill up your bank book and make you feel healthy.
We lawyers of course live just on a third,
Taking anything else, would be quite absurd.

He spoke not a word but started his notes,
With theories of gravity and dreams of new boats,
The ladder has shifted, of that he was sure,
It gave him 240, without a detour.

Plaintiff sprang to his feet and grabbing a pen,
He signed the retainer from the nice billboard men.
And I heard him exclaim “Hey I fell from a height”,
Happy Christmas to all and to all a good night.

 

 

Hurwitz Fine P.C.
 
Buffalo
The Liberty Building, 424 Main Street, Suite 1300, Buffalo, NY 14202
Phone: 716-849-8900, Fax: 716-855-0874
             
Long Island
575 Broadhollow Road, Melville, NY 11747
Phone: 631-465-0700, Fax: 631-465-0313

Albany
Phone:  518-641-0398

Additional Offices
Albion  |  Amherst  |  Hartford, CT  |  Niagara Falls  |  Rochester  |  New Jersey


Hurwitz Fine P.C. is a full-service law firm providing legal services
throughout the State of New York
 
www.hurwitzfine.com
© 2024, Hurwitz Fine P.C. All Rights Reserved
 
In some jurisdictions, newsletters such as this may be considered Attorney Advertising.

 

Newsletter Sign Up