"The insurance industry and the industry lobby is very wealthy and very strong. They're doing everything they can to tarnish and to change the civil justice system, which is only going to make it less safe for construction workers. It's about putting profits over people.
----- Nicholas Warywoda, LEITNER WARYWODA
In our recent blog, we responded directly to the troubling narratives promoted by insurance industry groups surrounding alleged construction injury fraud in New York. Since then, ABC News published a follow-up article titled ”‘Morally wrong’: Construction industry advocates say accidents being faked as new bill targets fraud”, providing a broader, more balanced perspective and exploring the complexity of the issue.
We appreciate ABC News’ willingness to explore multiple viewpoints, acknowledging the critical importance of construction worker safety protections like New York’s Scaffold Law.
One key takeaway from ABC’s latest coverage is that isolated cases of misconduct should not overshadow the very real and ongoing dangers faced by workers on construction sites.The Scaffold Law remains a vital safety mechanism precisely because it holds employers accountable for maintaining proper safety standards.
Attorney Nicholas Warywoda of Leitner Warywoda, featured in the recent ABC article, explains the reality clearly:
“If there was this rampant fraud going on, these cases would be dismissed by a judge or a jury. That’s just not happening.”
Warywoda further emphasizes the critical need to maintain robust safety protections, noting:
“If you repeal Labor Law 240, it is going to cause more injuries, more serious injuries, more deaths at construction sites. That’s not the solution to this. The solution is to hold the construction companies accountable.”
Importantly, ABC News’ follow-up highlights industry insiders’ acknowledgment of legitimate claims. Don Orlando from Tradesmen Program Managers clearly states:
“We actually enjoy paying claims that are legitimate.”
This recognition is crucial, reinforcing the fact that the majority of workers’ claims are genuine and deserving of fair compensation and protection.
ABC’s follow-up coverage rightly underscores that while fraudulent actions should always be addressed and prosecuted, weakening laws designed to protect workers is not the answer. It’s essential to separate rare instances of abuse from the far more prevalent reality—injured workers fighting uphill battles for fair compensation.
At Leitner Warywoda, we remain committed to advocating for construction workers injured due to negligence. We also encourage continued discussion on ways to ensure safety and fairness without compromising critical worker protections.
We invite you to read the full ABC News follow-up here.
Together, let’s keep the focus where it belongs: protecting workers and promoting safety and accountability.
