ABSTRACT
As safety professionals are aware, the safety and health function is primarily proactive in our attempts to prevent injuries and illnesses from happening. Workers' compensation is reactive and provides a method of monetary payment to employees who are injured or killed on the job. Ironworker who was employed by subcontractor and was injured while working at construction site sued property owner and general contractor, asserting claims under state workplace safety statutes and for common-law negligence. Defendant asserts that all ironworkers employed by Canron, including plaintiff, were provided with a brand new Personal Fall Arrest System. Defendants claim that they are entitled to summary judgment on plaintiff's Labor Law § 240(1) claim on two grounds: plaintiff's conduct was the sole proximate cause of his injuries, and plaintiff was a "recalcitrant worker" as that term is defined by the New York courts.
