
Tuesday Feb 11, 2025
Personal Injury Settlements vs. Trials: Pros and Cons
Episode Summary
In this episode of Trial Talk, host Kevin Rosenquist and experienced New York trial attorney Michael Joseph discuss the legal rights of construction workers, especially undocumented workers, injured on job sites. They cover New York’s labor laws, including the "Ladder Law" (Labor Law 240) and Labor Law 241, emphasizing contractor and landowner responsibilities for safety. Michael explains how injured workers can seek compensation and outlines the importance of filing claims on time, especially for public job sites or cases where the employer lacks workers’ compensation insurance. Practical advice is offered on reporting accidents and protecting your legal rights.
Timestamps:
[00:00:30-00:01:38] Can undocumented workers sue for construction accidents?
[00:01:38-00:03:19] Employer and contractor responsibilities for worker safety
[00:03:19-00:04:48] Explanation of New York’s "Ladder Law" (Labor Law 240)
[00:04:48-00:05:36] Suing for defective ladders and tools on construction sites
[00:05:36-00:07:11] Impact of worker error on lawsuits and liability
[00:07:11-00:08:53] Protection from falling objects and other hazards
[00:08:53-00:11:16] General safety obligations under Labor Laws 240 and 241
[00:11:16-00:13:04] Filing claims for injuries on public job sites
[00:13:04-00:14:06] What to do if your employer lacks workers’ compensation insurance
[00:14:06-00:15:13] Importance of contacting an attorney after a construction accident
[00:15:13-00:16:12] Underreporting of construction accidents and employer pressures
About The Show
Trial Talk is a legal podcast hosted by Kevin Rosenquist featuring seasoned New York trial attorney Michael Joseph, who brings over 20 years of experience in personal injury, commercial litigation, and criminal defense. The show offers practical legal insights for individuals navigating complex legal issues, with a strong emphasis on social and economic justice. Each episode breaks down important legal topics in an approachable way, from construction site accidents and workers' rights to navigating personal injury claims. With real-world examples and expert advice, Trial Talk empowers listeners to better understand their legal rights and take informed action when faced with legal challenges.