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"The fight is never about grapes or lettuce. It is always about people." Cesar Chavez |
:: Tuesday, May 11, 2004 ::
Numerous small businesses can't even get coverage By Elizabeth Doran, Syracuse Post Standard
Blame it on something known as the scaffolding law, or Section 240-241 of the New York State Labor Law. The provisions of this law make contractors and building owners 'strictly liable' for any gravity-related worker injury, regardless of whether the employee is at fault. If there's a lawsuit, contractors are prohibited from presenting any evidence in court in their defense, regardless of their safety record.
'A worker can have snorted cocaine for lunch and smoked marijuana for dessert, and it doesn't matter,' said Marvin Mondlick, who recently shut his roofing business, Feldman Mondlick, because of soaring liability costs. 'The question just becomes how much does Feldman Mondlick have to pay?'
The law dates to the 1880s, when workers were building skyscrapers and there was no such thing as workers' compensation. While other states also had this law, New York is the only state that still has it on the books.------------------------------------------- posted 6:53 AM :: reference link ::
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