A construction worker involved in a work related accident in addition to a workers’ compensation claim may have a third party lawsuit against the general contractor and/or owner of the construction site pursuant to Sections 200, 240 and 241(6) of the New York Labor Law.

Section 200 of the New York State Labor Law codifies a common law obligation of reasonable care in the maintenance of the work site. Labor Law Section 240, also known as the “Scaffold Law,” makes both the owner of the property and the contractor on site strictly liable for workers injured as a result of inadequate or missing safety equipment at elevated work sites. Section 241(6) of the New York State Labor Law imposes a duty upon the general contractor and/or owner to comply with all provisions of the New York State Industrial Code. Architects, subcontractors and manufacturers of equipment may also be held responsible for inadequate safety provisions.

The first part of this program provides an overview of the statutes and regulations governing construction site accidents. The speakers then address strategic, evidentiary and tactical concerns and provide live demonstrations of critical components of the trial of a labor law case. The panelists also offer advice on jury selection, opening and closing statements, cross-examination and trial strategies.

Program Contents

• The Current State of Labor Law Section 240
• Supervision and Control (Labor Law Section 200) and Specific Industrial Code Violations (Labor Law
   Section 241(6))
• Defending Construction Accidents: Indemnity, Partial Indemnity and Third Party Practice
• The Trial of a Case: Opening Statements
• The Trial of a Case: Direct and Cross of the Liability Expert
• The Trial of a Case: Direct and Cross of the Vocational Expert
• The Trial of a Case: Closing Arguments

Program Speakers

Robert L. Conason, Esq.
Gair, Gair, Conason, Steigman & Mackauf
—New York City

John V. Fabiani, Jr., Esq.
Fabiani Cohen & Hall, LLP
—New York City

Anthony H. Gair, Esq.
Gair, Gair, Conason, Steigman & Mackauf
—New York City

Kathleen V. Hopkins, R.N., CSSM
Construction and Industrial Safety and Health Professional
—Red Bank, NJ

Charles A. Kincaid, Ph.D.
Kincaid Vocational & Rehabilitation Services
—Hackensach, NJ

Jeff S. Korek, Esq.
Gersowitz Libo & Korek, P.C.
—New York City

Michael A. Rose, Esq.
Hach & Rose, LLP
—New York City

Harold L. Schwab, Esq.
Lester Schwab Katz & Dwyer, LLP
—New York City

Lisa A. Sokoloff, Esq.
Fabiani, Cohen & Hall, LLP
—New York City

Anthony F. Tagliagambe, Esq.
London Fischer, LLP
—New York City

Darrell J. Whiteley, Esq.
Lester Schwab Katz & Dwyer, LLP
—New York City

Total MCLE Credits  6.0
Ethics MCLE Credits 0.0

* Each additional person who uses the tapes for MCLE credit must purchase a copy of the “MCLE coursebook.”