Labor Law strategy for real litigation risk.
Practical New York Labor Law resources for claims professionals, insurance carriers, TPAs, risk managers, and defense counsel evaluating construction-site liability, Industrial Code claims, indemnity, settlement value, motion practice, and appeal exposure.
Built for decisions made after the accident — and before the motion.
Use these Labor Law centers to evaluate whether a claim presents strict-liability exposure, whether the Industrial Code allegations are viable, whether a defendant had supervision or notice, whether risk transfer applies, and whether the file should settle, move, try, or appeal.
Labor Law § 240(1) Exposure Guide
A practical guide for evaluating scaffold-law exposure in ladder, scaffold, roof, falling-object, and elevation-risk claims.
- Accident mechanism and gravity-related risk
- Adequate safety device analysis
- Sole proximate cause defenses
- Recalcitrant-worker and misuse arguments
Labor Law § 241(6) Code Checklist
A claims-focused checklist for reviewing whether the pleaded Industrial Code sections are specific, applicable, violated, and causally related.
- Specific versus general Code provisions
- Applicability to the work and location
- Trip, fall, ladder, passageway, and debris claims
- Comparative fault and causation issues
Labor Law § 200 Control Matrix
A decision tool for separating means-and-methods claims from dangerous-condition claims and identifying the proof needed for each theory.
- Supervision, direction, and control
- Owner and general contractor roles
- Actual and constructive notice
- Site condition versus work method
Construction Accident Investigation Protocol
A front-end investigation resource for preserving the evidence that often controls liability, damages, settlement value, and appeal risk.
- Photographs, video, measurements, and site conditions
- Witness and supervisor statements
- Accident reports and safety records
- Equipment preservation and chain of custody
Indemnity and Additional Insured Guide
A practical guide for evaluating contractual indemnification, additional insured tenders, priority of coverage, and insurance procurement issues.
- Contractual indemnity language
- Additional insured endorsements
- Defense and indemnity tenders
- Failure to procure insurance claims
Summary Judgment and Appeal Exposure Audit
A strategic review tool for evaluating dispositive-motion risk, settlement leverage, adverse rulings, appellate preservation, and reversal potential.
- Motion record strengths and weaknesses
- Preservation and appeal issues
- High-exposure liability combinations
- Settlement posture after adverse rulings
Strategic Labor Law analysis for high-exposure construction files.
Created by Matthew Lerner, author of New York Civil Law, for claims professionals and defense teams handling New York Labor Law claims, construction accident litigation, motion practice, risk transfer, settlement evaluation, and appellate exposure.