I consider myself fortunate to have settled a majority of construction accident mediations in which I have participated. When I think about the cases that did not settle, my takeaway was that a lack of preparation was almost always a substantial factor in bringing about that suboptimal result. So, in this article, we will explore what steps can be taken, by the lawyers, their clients and by the insurance carriers, to properly prepare for a labor law mediation.

Labor Law Cases Are Different

Anyone who has handled a labor law case knows that they are extraordinarily different than your garden variety negligence claims. The following are at least three reasons for these differences.

• There is an exceptionally wide array of mechanisms for potential injury at construction sites. When we look at the nature of construction work, we see hazards of all kinds: falling objects, unguarded openings, faulty equipment, hazardous chemicals, unstable structures and so on. The list is practically endless and, as we have seen from appellate decisions on Labor Law Section 241-6 claims, not even the New York State Industrial Code covers every hazard. Moreover, because of the weight, force and height involved in these construction site dangers, the resulting injuries are often significant.

• At the risk of stating the obvious, people who get hurt at construction sites are working people. So, there is generally much more at stake, as their cases will almost always involve substantial economic claims for lost earnings and lost benefits, both past and future.

• Recognizing the inherently dangerous nature of construction work, the Legislature in the state of New York has created relatively easy paths of recovery for injured workers. Labor Law Sections 240 and 241-6 not only allow injured workers to recover damages without having to prove negligence on the part of the defendants, but these statutes also place the financial responsibility for these claims on the upper tiers of the construction hierarchy—the property owners and the general contractors in charge of the overall project.