Labor Law Pointers - Volume VI, Special Edition



A Visit to the Construction Site

Or, in the alternative

‘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.




Happy Holidays to all.  I happen to celebrate Christmas and some Christmases, like all holidays, are better than others.  1996 was awesome, as my first son Sam was born the next day.  (Yes, I named my son Sam Adams)  2005 was also awesome, my third son Nick was born on Christmas, best Christmas present ever.  Thus year is great for a different reason, my mom has been quite ill for some time and just 2 weeks age we were all gathered around thinking her time had come.  Well, she is tough as an old shoe and not only did she pull through, but with the help of Hospice she is, right this very second, sitting at the dinner table with me and my dad having Christmas Eve dinner, an unbelievable Christmas present.  In addition she is determined to be at my house tomorrow night for Christmas dinner.  Underestimating one’s mother is never a good idea.


Every year is filled with challenges, rewards, setback, heartbreaks, joys, victories and defeats, but in the end it is your family and friends, with whom you share them all, that matter most.  I am so fortunate to be able to say that I work with my friends, who are talented and supportive, a true team.  As many of you are aware I am in the process of increasing the size and scope of our labor law team and, with the additions of Amanda, Sarah, Lisa on the paralegal/support side and Eric and Howard on the attorney side, we are moving forward and growing to handle the work you all so generously send us, for which we are always grateful.


By the way, anyone who actually reads this on Christmas Eve is going on the naughty list.


Happy Holidays to all, and best wishes for a happy and Healthy 2017.  And to all a good night…





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David R. Adams
Hurwitz & Fine, P.C.

424 Main Street

Suite 1300 Liberty Building
Buffalo, New York 14202
Phone:  716.849.8900
Direct:  716.849.8916

Fax:  716.855.0874

Cell:  716.553.6901
Email:  [email protected]
H&F Website:


Labor Law Pointers is published the first Wednesday of each month.  If you know of others who may wish to subscribe to this free publication, please feel free to forward it.  If you wish to subscribe or unsubscribe, please send an e-mail to [email protected] or call the Editor/Labor Law Team Leader David R. Adams directly at (716) 849-8916.




Hurwitz & Fine, P.C. is a full-service law firm
providing legal services throughout the State of New York


Labor Law Pointers


David R. Adams

Associate Editor
V. Christopher Potenza

Associate Editor
Steven E. Peiper

Associate Editor
Jennifer A. Ehman


Associate Editor
Marc A. Schulz


Labor Law Team



David R. Adams, Team Leader                           Steven E. Peiper

        [email protected]                                   [email protected]


         Dan D. Kohane                                          Jennifer A. Ehman

     [email protected]                                      [email protected]

                                                                                                                               Michael F. Perley                                               Marc A. Schulz

   [email protected]                                       [email protected]

                                                                                                                     V. Christopher Potenza                                         Eric Andrews

    vc[email protected]                                      [email protected]



Hurwitz & Fine, P.C.
424 Main Street

Suite 1300 Liberty Building
Buffalo, New York 14202

Phone:  716.849.8900
Fax:   716.855.0874

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