Recent accusations by construction and insurance industry groups claim that fraudulent workplace injury lawsuits have skyrocketed, driving up costs and creating burdens on property owners, businesses, and residents. While these sensational allegations might capture media attention, experienced attorneys who represent injured workers, such as Nicholas Warywoda of Leitner Warywoda, argue that these claims are greatly exaggerated, intentionally distorted, and part of a broader, harmful strategy.
In a recent media interview addressing these industry-driven claims, Nicholas Warywoda stood as a critical voice of reason, strongly emphasizing that the portrayal of widespread fraud is not supported by reality.
Debunking the Insurance Industry’s False Narrative
Insurance and construction industry advocates have increasingly framed isolated, anecdotal cases of fraud as the norm rather than the exception. Warywoda countered by emphasizing that, in his substantial experience as a dedicated advocate for injured construction workers, he has seen no evidence that fraud is widespread. Rather, he stated clearly,
“this is another way that the insurance companies are trying to tarnish the civil justice system for these injured workers.”
Warywoda’s perspective is backed by data and industry research, which consistently shows that fraudulent claims account for only about 1-2% of all workers’ compensation and injury cases. The overwhelming majority of construction injuries, especially those involving falls, are tragically genuine and often life-changing or fatal.
The Real Goal Behind the Insurance Industry’s Attack
In the ABC News interview, Warywoda identified the deeper motive behind these allegations: a calculated attempt to weaken or eliminate New York’s longstanding and critical scaffold safety law, Labor Law 240. This law, enacted in the 19th century, mandates rigorous safety standards on construction sites and holds property owners and contractors responsible when safety failures cause worker injuries. This protection is crucial because construction work—particularly at height—is among the most hazardous jobs, especially in densely built areas like New York City.
Warywoda asserted that dismantling Labor Law 240 is not the solution to alleged fraud. He stated clearly:
“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.”
By attempting to repeal or weaken this essential law, the insurance and construction industries risk creating environments where cutting corners on safety would become more common, resulting in greater danger for workers and even higher societal costs in the long term.
Why Leitner Warywoda’s Perspective Matters
Nicholas Warywoda brings deep insight to these discussions from firsthand experience representing victims of construction-related accidents. He understands intimately the severe consequences that construction accidents cause, not only physically and emotionally, but also economically for injured workers and their families.
Warywoda’s strong, reasoned voice effectively counters the industry’s misleading narrative, highlighting what is truly at stake: the health, safety, and well-being of thousands of construction workers across New York. His advocacy underscores the need to prioritize the lives and safety of workers over insurer profits.
The Insurance Industry Must Embrace Transparency
If the insurance industry genuinely believes that fraudulent claims are driving up insurance costs, then transparency is critical. Yet, as Warywoda and other advocates have repeatedly highlighted, these insurance companies consistently resist legislative efforts such as the Construction Insurance Transparency Act, which would require them to disclose detailed claims and payout data. Without transparency, the industry’s claims remain unproven and appear designed merely to deflect accountability and protect profit margins.
Protecting Workers, Not Profits
Ultimately, Nicholas Warywoda’s comments make clear the choice that New Yorkers face: prioritize worker safety and hold responsible parties accountable, or succumb to misleading industry claims that prioritize insurer profits over human lives.
Labor Law 240 has a proven track record of making New York’s construction industry safer by incentivizing proper safety protocols. Weakening these protections would inevitably lead to more catastrophic injuries and loss of life—something that should be unacceptable to New Yorkers.
Nicholas Warywoda and his firm Leitner Warywoda continue their advocacy, standing firmly behind construction workers and fighting attempts to diminish safety laws. Their message is clear: New York must protect workers, demand industry transparency, and reject misleading attacks aimed at weakening critical safety legislation.
