Hard Hats & Justice

Hard Hats & Justice is the podcast dedicated to New York’s construction workers and their families. Each episode explores real stories of workplace injuries, safety issues, and the fight for fair compensation. Hosted by the team at Gorayeb & Associates — trusted advocates for injured workers for over 40 years — this show brings expert legal insight, interviews with workers, and updates on the laws that protect New York’s workforce. For more information visit: https://www.gorayeb.com/en/

The Scaffold Law: 139 Years of Protecting New York Workers 02/18/2026

What Happens After You Win Your Case?" 02/11/2026

Five Examples of Negligence That Kill Construction Workers 01/28/2026

Five Warning Signs You're Not Getting Good Legal Representation 01/08/2026

Construction Negligence: The Accidents That Should Never Happen 12/23/2025

Construction Negligence: The Accidents That Should Never Happen Construction workers face life-threatening hazards every day, but what most don't realize is that the majority of job site fatalities aren't accidents—they're violations of federal and state safety laws. In this episode of Hard Hats & Justice, construction accident breaks down the five most common negligence-related incidents on construction sites: falls from elevation, struck-by accidents involving falling objects, caught-between incidents with machinery, electrocutions, and chemical burns. Each of these catastrophic events shares a common thread: employers who cut corners on safety, fail to provide proper equipment, skip mandatory training, or rush jobs without regard for worker protection. These aren't unfortunate mishaps—they're actionable violations that give injured workers the right to pursue compensation beyond workers' compensation claims. Gorayeb exposes the tactics contractors use to avoid liability, including pressuring injured workers not to call ambulances, discouraging them from filing workers' compensation claims, and convincing them they have no legal recourse. The reality is that under New York labor law, building owners and general contractors are legally responsible when safety violations cause injuries. Workers have the right to document accidents, seek immediate medical treatment, refuse to sign incident reports written by employers, and consult with experienced construction accident attorneys. With nearly 40 years of experience representing over 12,000 construction workers and recovering more than $2 billion in compensation, Gorea & Associates provides the expertise injured workers need to protect themselves and their families when negligence turns a dangerous job into a devastating injury. 5 Key Takeaways Falls account for 40% of construction fatalities – Missing guardrails, unsafe scaffolding, defective ladders, and lack of fall protection harnesses are violations of OSHA and New York State law, not acceptable risks Employers are legally required to provide safety equipment – If you're sent onto an elevated surface, near machinery, or around hazardous chemicals without proper protection, that's a violation that creates legal liability Building owners and general contractors are responsible – Under New York labor law, the parties controlling the worksite are liable for safety violations, not just your direct employer Never sign accident reports written by your employer – Bosses who discourage you from calling ambulances, seeing doctors, or filing workers' compensation claims are protecting their bottom line, not your rights You have legal options beyond workers' compensation – Injured construction workers can pursue lawsuits against building owners and general contractors for violations of safety laws, potentially recovering significantly more compensation than workers' comp alone Founded in 1986, Gorayeb & Associates, P.C. is one of New York's leading personal injury law firms, specializing in construction accident litigation. The firm has represented more than 12,000 injured workers and secured over $2 billion in verdicts and settlements. /episode/index/show/d1cdd591-ca92-49c4-9fe8-cfdf352ffa2d/id/39521185

The Most Dangerous Jobs on a Construction Site 12/05/2025

The Most Dangerous Jobs on a Construction Site This episode of Hard Hats & Justice lays out the most dangerous jobs in New York construction—and the legal protections workers are owed but too often never receive. Chris Gorayeb breaks down the hazards tied to demolition, high-elevation work, towers, confined spaces, and defective tools, showing how nearly every catastrophic injury stems from preventable safety failures. He explains exactly when the law places responsibility on building owners and general contractors, why falls remain the leading cause of death in the industry, and how violations of Labor Law §240(1) and equipment-safety statutes can make a case extremely valuable. The message is blunt: workers have more rights than they’re told, and if they’re injured on any of these high-risk sites, they may be entitled to significant compensation—regardless of what an employer claims. FULL TRANSCRIPT (As provided, unedited) The demolition worker is struck by an unsecured wall. A roofer and Queens climbs one story too high without proper protection and falls. A labrum in Hatton fires a defective nail gun and is sent straight to the hospital emergency room. Different workers, different days, same problem, preventable dangers. And every one of them had the law on their side, but not the protection they deserved. I'm Chris Garea. If you've worked in construction in New York, you already know the truth. It's one of the most dangerous jobs in America, but inside the industry, some jobs and some worksites are far more lethal than others. Today we're breaking down the most hazardous roles and environments OSHA has identified. Demolition, high elevation work, communication towers, confined spaces, defective tools, and equipment, and more. Not to scare you, but to arm you. Because when you know the risks, you can demand the protections the law requires. And if you've been injured doing any of these jobs, you may need, you may be, entailed, to significant financial compensation, no matter what your employer tells you. Let's start with demolition. OSHA calls it reverse engineering with additional hazards. That's a polite way of saying everything that can go wrong usually does. And anyone that works in construction and demolition knows that's the truth. You can be burned, crushed, injured by falling debris, or falling persons. You can be electrocuted. Most of these risks are preventable, but demolition crews are often pushed to work fast. They're short on manpower. There's not set proper safety, planning. If you're on a demolition team and some that collapses, falls, or explodes, that's not part of the job. That's a legal failure by whoever runs the site. Let's talk about working in heights. Elevation-related risks. Whether someone is working on a house or a skyscraper, working at a height is the deadliest job in construction. Falls make up nearly 40% of all construction-related deaths in the United States every year. Often a worker falls because no harness has been provided or because the scaffold wasn't secured. Or guardrails were not in place. Those things in New York state are a violation of something called the New York state labor law, Section 240, sub-1, and which make the owner of a building and the general contractors that work for those owners responsible for accidents involving falls. When someone falls, the law protects that person. Not site safety, not the foreman, or the superintendent of the job site can tell you, the accident was your fault. You should have been more careful. The law is crystal clear. When you are working at a height, you must be provided with fall protection. And if you are not, the law has been violated and both the owner and general contractor are responsible for those violations. Let's talk about power tools. The law says that all tools and equipment must be safe and in good working order. For instance, a grinder without a guard is a violation of the law. An unguarded table saw is a violation of the law. A defective nail gun. Those are all violations of the law. The law says that all equipment on a job site must be safe and in good working order. If you are using one of those tools or piece of equipment that is not in good working order or is unguarded and you are injured, a violation of the law has occurred. And a violation occurs again. Both the owner and the general contractor are responsible for those violations, which means that you have a case that can be extremely valuable and that you will win. The most dangerous work sites that we often run into or we obtain clients involved in is people working on towers, roofs, one slip and fall, one misstep, one defective railing, a loose ocean plank can result in devastating injuries and unfortunately, occasionally death. In fact, just yesterday, we settled a case for a family where a gentleman fell 40 feet and died while working on a car dealership. Confined spaces are also dangerous places. There are particular laws regarding those. We are currently representing an individual who, believe it or not, was forced to use a gas powered power washer in a closed stairwell. Well, you can imagine what happened. The fumes from the gas engine built up in the stairwell and overcame the man. He passed out and then rolled down about 14 stairs, unconscious and became severely injured. That is a violation of the law and the owner and general contractor are responsible for maintaining safe work conditions and responsible for the accident that occurred. The law is here to protect you. It is here because construction is an extremely dangerous, dangerous type of work. It's here to protect you in the environment of the work site. It's here to protect you from gravity-related injuries like falling and it's here to protect you and make sure that you're provided with safe and operable equipment. When an accident happens on any of these job sites, the law is your shield. When you're rendered injured and you can't work, the law is here to give you back financial security to protect you and protect your family, to be able to pay your bills, to be able to maintain a roof over your head, to put your children through school. That's the purpose of these laws. The purpose is, number one, to try to prevent accidents, and then number two, to provide compensation to those people who are injured on the job sites. Some workers ask us very often, am I only entitled to workers' compensation? Is there a second case that I can start? The boss says I can't. The boss says it was my fault or my responsibility. The answer is, more often than not, you can bring in action. The first steps is to speak with an expert construction action attorney. Not all attorneys understand these laws. Most don't. You should call an attorney who knows the labor law and who understands construction. Here at Gareman Associates, we've been doing this work for 39 years. We've represented more than 12,000 construction workers. If you have an accident, call us. We will do everything we can to help you. We'll set you up with workers' compensation, and we'll start an action, a lawsuit against the owner and the general contractor. Remember, if you or someone you know has been injured on a construction site, call us. Consultation is always free. We don't get paid until you do. This is Chris Goreab. This is Hard Hats and Justice. Stay safe out there. You've been listening to Hard Hats and Justice, where the voices of New York's workers are heard, honored, and defended. Brought to you by Goreab and Associates PC, fighting for the rights of ventured workers for more than 40 years. If you or someone you know has been heard on the job, visit us anytime at goreab.com. Until next time, stay safe, stay strong, and keep standing up for justice. ------------------- About Gorayeb & Associates, P.C. Founded in 1981, Gorayeb & Associates, P.C. is one of New York's leading personal injury law firms, specializing in construction accident litigation. The firm has represented more than 12,000 injured workers and secured over $2 billion in verdicts and settlements. The firm provides bilingual legal services and free community education to immigrant and working-class communities across the five boroughs. For more information visit: /episode/index/show/d1cdd591-ca92-49c4-9fe8-cfdf352ffa2d/id/39299495

The Judgment They Tried to Erase 12/05/2025

The Judgment They Tried to Erase This episode of Hard Hats & Justice exposes the extraordinary legal battle behind “The Judgment They Tried to Erase.” After construction worker Denelli Garcia suffered a devastating fall down a flooded stairwell, her employer tried to silence the truth to dodge responsibility. When the building owner and general contractor ignored the lawsuit entirely, Gorayeb & Associates secured a $5 million default judgment—and spent years forcing the defendants out of hiding. Even after multiple failed appeals, stalling tactics, and a last-ditch move to federal court, the truth held. The firm ultimately compelled the defendants to pay Ms. Garcia millions in compensation for her life-altering injuries. It’s a blistering look at how far some companies will go to avoid accountability—and how relentless legal pressure can still deliver justice. FULL TRANSCRIPT (As provided, unedited) Hello, this is Chris Gareab bringing you episode three of Hard Hats and Justice. Today we will have the judgment they tried to erase. Back on July 25, 2016, a woman named Denelli Garcia was working in construction at a new hotel being erected in Queens, New York. That hotel had a tendency to have a flooded basement. And it was Ms. Garcia's job to clean up the mess every time it flooded. On the day of the accident, she was directed to go down a metal set of 12 stairs to the basement with a mop and a bucket to dry things up. Unfortunately, the stairs were wet and slippery. And as she tried to descend the stairs, she slipped and fell approximately 10 steps down into the basement, severely injuring her back. The boss upon learning of the accident refused to call an ambulance. In fact, he said to Ms. Garcia, go home and if you need medical attention, tell them that you got hurt at home. I will pay all of the bills. Don't worry about a thing. Now why would a boss do something like that? Why would a boss ask his or her employee to not tell the truth? The simple answer is to save money. How would someone save money in that way? Well, if the employee says that they weren't hurt at work, then they won't be entitled to workers' compensation and the boss will save money. If the employee says I wasn't hurt at work, then they won't be able to hire an attorney to start a lawsuit against the building owner and enforce their rights pursuant to the University of the state labor law. That is what many, many employers try to do. And that's what they tried to do to Mrs. Garcia. At Ms. Garcia hired my law firm, Goreb, and Associates, and we started a lawsuit from Ms. Garcia suing the building owner and the general contractor alleging that they were both negligent and had violated the New York State labor law. We served to summons and complaints upon the defendants through the New York State Secretary of State. And what happened? They ignored the service of the summons and complaint. We wrote letters to them. They still ignored it. They were hiding. Ultimately, we filed a motion with the court asking the court to grant a default against the defendants who refused to respond to the lawsuit. And the court, in fact, did grant that motion an issue to default and ordered that there would be a mini trial to assess or to determine how much money Ms. Garcia should receive. We had that mini trial and the judge awarded Ms. Garcia $5 million. After that, the rule fund started because the defendants, despite that judgment, still continued to hide. They pretended that there was no lawsuit. And ultimately, when we hired the sheriff to try to force a sale of the building, they then responded. And what did they do? They denied that they knew anything about the lawsuit until very recently. They tried to get a judge to set that judgment aside and the judge refused. Then they tried an appeal and the appellate court refused. And after all of that, they then tried to go to the highest court in New York state to try to get the judgment set aside and that failed. And then ultimately, in the last-ish effort, they went to federal court and nothing good happened there for them. Ultimately, through the efforts of my law firm and the efforts of the sheriff, they agreed to pay Ms. Garcia millions of dollars. Why do they do that? Because they knew if they didn't settle with us and compensate her for the injuries that she had sustained, including needing surgery on her spine, that we would force the sale of their building. We would take their building away from them and they would have nothing. I'm very proud of the work that we've done for Ms. Garcia. It was possible that she would have ended up with nothing. But through our efforts, through years and years of work, we were able to get her substantial compensation from defendants who wanted to hide and pretend that they were immune, that we couldn't find them, that we couldn't obtain justice. And ultimately, we did. This is the story of Ms. Garcia. This is the last episode of Hard Hats and Justice. And I look forward to seeing you again and telling you more stories about justice in New York, how we obtain it, and how we can benefit you. Thank you very much. You've been listening to Hard Hats and Justice, where the voices of New York's workers are heard, honored, and defended, brought to you by Gorea of an Associates PC, fighting for the rights of ventured workers for more than 40 years. If you or someone you know has been heard on the job, visit us anytime at Goreaup.com. Until next time, stay safe, stay strong, and keep standing up for justice. About Gorayeb & Associates, P.C. Founded in 1981, Gorayeb & Associates, P.C. is one of New York's leading personal injury law firms, specializing in construction accident litigation. The firm has represented more than 12,000 injured workers and secured over $2 billion in verdicts and settlements. The firm provides bilingual legal services and free community education to immigrant and working-class communities across the five boroughs. For more information visit: https://www.gorayeb.com/en/ Queens construction injury, New York labor law, default judgment case, workplace fall lawsuit, Gorayeb & Associates, flooded stairwell accident, employer negligence, injured worker justice, NYC construction safety, multimillion dollar settlement /episode/index/show/d1cdd591-ca92-49c4-9fe8-cfdf352ffa2d/id/39298895

The Ladder That Lied 12/05/2025

The Ladder That Lied Hard Hats & Justice Episode 2: “The Ladder That Lied” A simple day’s work turned into a life-altering nightmare when Lewis, a carpenter from Ecuador chasing the American dream, climbed a ladder that betrayed him. In an instant, the faulty equipment snapped beneath him—leaving both arms shattered, his spine broken, and his future uncertain. In this episode of Hard Hats & Justice, attorney Chris Gorayeb takes you inside the courtroom battle that followed—where a powerful defense tried to erase Lewis’s pain, and a Brooklyn jury refused to let that happen. Through raw testimony and hard legal truth, you’ll hear how greed, negligence, and corner-cutting cost real people everything—and how New York’s Labor Law became their only line of defense. This isn’t just one man’s story. It’s a wake-up call for every construction worker who’s ever been told to “just get it done.” From uninspected ladders to unsafe job sites, The Ladder That Lied exposes how lives are risked for profit—and what justice looks like when someone finally fights back. SHORT DESCRIPTION In Hard Hats & Justice: “The Ladder That Lied,” attorney Chris Gorayeb uncovers the real-life story of a Brooklyn construction worker whose life was destroyed by a defective ladder—and how a relentless legal battle led to an $11 million jury verdict. This gripping episode reveals the hidden dangers behind New York’s booming construction industry, the vital protections of New York State Labor Law §240, and the moral fight against companies that put profit before safety. Packed with firsthand accounts and legal insight, this episode is a must-listen for construction workers, attorneys, and advocates for workplace safety. Keywords: construction injury podcast, New York Labor Law, workplace safety, ladder accident lawsuit, construction negligence, Gorayeb & Associates, worker protection NYC. TRANSCRIPT 00:00 – Chris Gorayeb It was a Tuesday morning and a carpenter who had come to New York from Ecuador to make a better life climbed an A-frame ladder which, unfortunately, had been set up on an uneven surface, and as he began to use a chipping hammer, the ladder side-loaded, one of the legs folded. The ladder collapsed and so did the construction worker, sustaining bilateral arm fractures, injury to his neck and to his back. This is Chris Goreb, for another episode of Hard Hats and Justice, where I look forward to explaining to you the dangers of construction in New York, the protections that are available to workers in New York and how justice can be served. I'm Chris Goreb and if you or a loved one works in construction, I hope that you will enjoy this episode and take away some information that may help you in the future, stay safe and prevent an accident. 01:04 Back about five years ago, a client of mine named Lewis was using an A-frame ladder in Brooklyn and the ladder side loaded and, unfortunately, one of the legs folded and he fell. When he fell, he led with both of his outstretched arms to try to protect his body and when he fell, he landed with both of those outstretched arms on the ground, resulting in bilateral fractures. He ended up being removed to a hospital by ambulance, where he underwent surgery that included installation of 11 screws in one wrist and 12 screws in another. Unfortunately, his treatment wasn't done because it also injured his neck and injured his back, and over time, those injuries developed to the point where he required surgery and he underwent a fusion on his neck and ultimately also on his back. When he came to our office, we accepted his case and we began our investigation, and what we found is that the ladder he was using, which side-loaded and which collapsed, was old and bad shape and never should have been on the job site. What we also found was that the surface that the ladder had been erected on was sheets of plywood which had never been secured and which were unstable. Both of those things—using an old ladder that is in bad shape and having the ladder set up on an uneven surface—are violations of the New York State Labor Law, a law which is intended to protect construction workers and prevent exactly this type of accident from happening. We eventually tried the case. We proved our evidence. The defendants insurance companies trying to minimize his injuries and even prevent him from recovering any money brought in doctors to say that Lewis wasn't as hurt as he said he was. They brought in individuals to try to say that the accident was his fault and not the fault of the building owner. But ultimately a Brooklyn jury didn't buy that story and they found for us. They found for Lewis and they awarded him approximately $11 million. That’s my story of Lewis and his accident that occurred approximately five years ago. 03:48 Most ladder accidents are unavoidable and they would be avoided if owners and the contractors they hired took the time to make sure that the ladders being used were safe and stable and that the ladders, when they were erected, were safe and stable, secured. In some cases they need to be secured top and bottom and safe for an individual to be used. But what happens on job sites is that everything's in a rush. Money is what matters, not whether a person gets injured or not. So the workers are rushed, defective ladders are put up, nothing is secured. Someone climbs the ladder and is part of his job, trying to make a living for him and his family, and, through no fault of his own or her own, an accident occurs and that person becomes badly injured, to the point that their lives have changed and they're unable to support themselves and support their family. That’s why the New York State Labor Law exists. It exists to protect workers who can't protect themselves. It exists to protect workers from being taken advantage of by employers and contractors and owners who care more about making a buck than they care about the lives and the well-being of the people that help them make those bucks. 05:26 Here at Grave Associates, we represent those people. We've been representing them for 39 years. We've represented more than 12,000 construction workers. There are an untold number of stories that I can tell you about people being taken advantage of. In fact, just today, a 20-year-old young man came into the office. He was working on a telecommunications tower with three other workers removing cables that were 150 feet long and two and a half inches in diameter, and unfortunately, two of the workers at the top of the tower didn't tie a line properly and one cable weighing hundreds of pounds fell more than 100 feet, striking this young man and causing him to then fall approximately five feet from the point he was standing on the tower. And guess what? No one called an ambulance. In fact, they just brought him home until the next day when they called an Uber to take him from the place of accident back to his home in Queens, and then the day after that, they sent a secretary to his home to pick him up and bring him to a CityMD, where the secretary did all the talking and didn't explain how the accident occurred, and then brought him home and left him there. 06:59 These are the kinds of things that happen to people in New York. These are the kinds of things that happen to construction workers, and these are the people who need protection. They need protection by attorneys such as I. They need protection of the laws, such as the labor law. Without that, so many individuals would be badly hurt, unable to receive compensation, have their lives grievously changed, with no ability to ever seek compensation or to again have financial security. So to all construction workers out there, remember you need to take certain steps to protect yourselves. I know it's difficult. I know that if you complain, the boss might fire you, but using a dangerous ladder can result in an accident and injuries that will permanently change your life. Not taking precautions to see that the ladder is secured can also result in injuries that will change your life. 08:19 Getting paid in cash is something that many employers want to do, but then what happens is that you get paid in cash and then the employer can say that he doesn't know who you are because there's no record. Very often there's an accident and, just like the young man I spoke about, no ambulance is called and often the primary reason for not calling an ambulance is so that the New York City Department of Buildings doesn't learn about it, because as soon as they learn about an accident, they'll come and they'll potentially shut down the job, which ends up costing the owner and the contractor money. So they’ll do anything they can to avoid that information from getting out, which is, more often than not, why they won't call an ambulance. So you, the worker, call an ambulance, report the accident, make a record. It's how you protect yourself after you've had an accident. It's how you protect yourself from the boss who wants to say or will say we don't know who this man is, there's no record he ever worked for us, there's no accident, there's no ambulance, there's no report. Protect yourself from that. It happens very, very frequently. 09:33 Most people know that in New York when you have an accident while you're working for a company, you have one case. The case that everyone has is a case for workers' compensation, and the reason why everyone has a workers' compensation case is that New York law requires that every company we work for is required to have insurance to protect the workers if there's an accident. That's called workers' compensation, and if you have an accident while you're working, workers' compensation will pay your medical bills and some of the money you lose because you cannot work. That's something that we are all entitled to. Whether we work in construction, in a restaurant, in an office, in a hotel, in a bodega, we are all entitled to workers' compensation if we get hurt. Construction workers, however, often have a second case. That case arises because of the special laws embodied in the New York State Labor Law, which place a duty upon the owners and general contractors of buildings to make sure that the job site is safe. Those rights should never be forgotten. 10:42 If you have an accident, even if you think it's only workers' compensation, even if somebody has told you it's only workers' compensation, consult with an attorney. Consult with an expert construction accident attorney. Consult with an expert construction accident attorney. Consult with us at Goraib and Associates. We will advise you. We will tell you your rights. We will tell you whether or not you have both a workers' compensation case and the second third-party case against the owner and contractor. We will help you. If you or a loved one or a friend has had an accident, call us. Consultation is free. I am always available to give advice. I'm always available to listen to what happened and if I can help you, if the 70 people who work with us can help you, we will. That's what we do here. That's my promise. Thank you for listening. We'll see you back here next week to hear more stories in hard hats and construction. If you need more information, visit our website at goraibcom. Thank you. ------ About Gorayeb & Associates, P.C. Founded in 1981, Gorayeb & Associates, P.C. is one of New York's leading personal injury law firms, specializing in construction accident litigation. The firm has represented more than 12,000 injured workers and secured over $2 billion in verdicts and settlements. The firm provides bilingual legal services and free community education to immigrant and working-class communities across the five boroughs. For more information visit: https://www.gorayeb.com/en/ /episode/index/show/d1cdd591-ca92-49c4-9fe8-cfdf352ffa2d/id/39297715

Maria’s Fall: The Law That Saved Her Life 12/05/2025

Maria’s Fall: The Law That Saved Her Life Hard Hats & Justice Episode 1: “Maria’s Fall: The Law That Saved Her Life” It was just another Monday morning in midtown Manhattan—until a rotten plank snapped beneath Maria’s feet. The fall left her paralyzed from the waist down. For this 41-year-old single mother and construction worker, everything changed in seconds. In the premiere episode of Hard Hats & Justice, attorney Chris Gorayeb tells the haunting true story of Maria’s fall and the law that stood between her and destitution: New York’s Scaffolding Law (§240). More than a century old and unique to New York, this statute forces contractors and building owners to take full responsibility for unsafe work conditions at height. Gorayeb unpacks how this landmark law—now under attack by corporate lobbyists and insurers—has saved thousands of workers from ruin, and what could happen if it’s ever repealed. Through vivid storytelling, sobering statistics, and decades of legal experience, he reveals the brutal truth of construction work in America’s largest city: safety is never guaranteed, and justice is always earned through the fight. About Gorayeb & Associates, P.C. For over 40 years, Gorayeb & Associates has been the voice of injured construction workers across New York City. Known as The People’s Lawyers, the firm has recovered nearly $2 billion for over 10,000 clients, defending the rights of immigrants and working-class laborers who built this city—and deserve its protection. SHORT DESCRIPTION In Hard Hats & Justice: “Maria’s Fall — The Law That Saved Her Life,” attorney Chris Gorayeb recounts the devastating accident that left a New York construction worker paraplegic—and how New York Labor Law §240, known as the Scaffolding Law, became her only hope for justice. This episode examines the legal framework that protects workers from unsafe job conditions, the ongoing corporate efforts to repeal those protections, and the human cost of negligence in one of the world’s most dangerous industries. With decades of courtroom experience, Gorayeb connects Maria’s story to the larger fight for worker rights, safety reform, and accountability in construction. Keywords: New York scaffolding law, construction accident podcast, workplace safety, labor law §240, worker rights NYC, Gorayeb & Associates, Chris Gorayeb, construction injury law, workplace justice, legal podcast. EPISODE TRANSCRIPT 00:00 – Chris Gorayeb It was a Monday morning and Maria went to her job as a laborer in midtown Manhattan, and before lunch, her life completely changed. My name is Chris Goreb and this is our first episode of Hearts, hats and Justice. If you’re a construction worker or know someone who is a construction worker in New York City, then this broadcast is for you. We’re going to be talking about construction accidents in New York, the effect that they have upon the construction workers, their families and the types of compensation that construction workers can receive when they’re hurt. I look forward to explaining all of this to you. On that Monday, maria went to work, as she had done for six months at this job site in Manhattan, working as a laborer, and on this day, she climbed up onto a sidewalk bridge. She began her work and then, without warning, she stood on a rotten Osha plank. That broke and caused Marie to fall 20 feet. But before she hit the ground, her back landed on a cross brace, breaking multiple of her thoracic vertebrae, breaking multiple of her thoracic vertebra, rendering this 41 year old woman, a single mother of a learning disabled child, paraplegic. As a result of that, her life completely changed, and let me explain to you what now happened. She was hospitalized for two months. She was in rehabilitation for another three months, able to obtain her workers’ compensation. We then brought a lawsuit against the owner of the building and the general contractor, who both were responsible for making sure that this job site was safe, making sure that the planks weren’t rotten. Making sure that the planks weren’t rotten, making sure that she had a lifeline and a harness to prevent her from falling in the event that something like a plank did break. But they did none of these things for her. 02:43 You’re going to hear that Maria is protected by something that’s known in New York as the scaffolding law. It’s a law that was enacted more than 100 years ago and it’s unique to New York State. The reason why the scaffolding law is unique to New York State is because no other state has a statute like it, but luckily, new York does. And the reason why New York does is because we have so much construction in New York high rise buildings. We have a statute in New York City that requires that every five years, a building over six stories must be inspected on its exterior, a sidewalk bridge must be installed, workers must climb scaffolds to inspect the buildings, and every time one of those buildings is inspected, there’s the chance for a terrible accident to occur. 03:36 There is an effort in New York to repeal that scaffold law. The people who want to repeal the law are those building owners and contractors and their insurance companies that have to compensate people like Maria for the injuries that they sustain, and they don’t like compensating. They want to collect premiums and not pay. The problem with it is that someone like Maria and the thousands of construction workers that are hurt in New York every single year would be unable to obtain real compensation if it were not for the scaffolding law. The scaffolding law is the only thing that workers can turn to other than workers’ compensation, and workers’ compensation provides marginal benefits for only a very short period of time. Were it not for the scaffolding law, people would be rendered paraplegic, maimed, they lose arms, put in positions where they can’t work and support their families, with nowhere to turn. We live in a society right now where there is an effort to restrict our people’s access to medical care, making it more difficult to obtain medical care, making insurance much more expensive medical care making insurance much more expensive and without the scaffolding law, thousands, tens of thousands of people would be put in a position where they would be maimed, unable to work, unable to support their families, with nowhere to turn, not even to the government. There are efforts now to even change the scaffolding law so that the law wouldn’t apply to buildings where the federal government has provided financing, and you have to ask yourself who would work on those buildings, knowing that they would be exposed to the dangers of construction, but unable to obtain compensation when they were badly hurt. 05:53 You know, the statistics in New York are incredible. Almost every hour, two construction workers get hurt. In 2023, 30 construction workers in New York City were killed in construction accidents. 39% of the deaths in construction accidents are the result of falls from ladders, from scaffolds, from beams, from roofs. Statistically and it’s hard to believe that, if you work in construction for approximately 35 years, there’s a 75% chance that you are going to sustain a serious, disabling injury. 06:45 Construction is one of the most dangerous jobs that anyone can do and it’s one of the most essential jobs that we as a society need. Whether schools are being built, homes are being constructed, apartments are being constructed, office buildings are being constructed, bridges and highways are being constructed, apartments are being constructed, office buildings are being constructed, bridges and highways are being constructed we need Construction workers. And all of the people that work in those jobs run the risk of being injured to the point where they’ll no longer be able to work, no longer be able to support their families, no longer be able to pay their bills. That’s why the construction laws are so important and that’s what we do here to protect construction workers. We even run classes providing the ability for construction workers to obtain OSHA certification so that accidents won’t happen. But unfortunately, even with the best training, these accidents occur. Construction workers be hurt, but the owners and the contractors will no longer have incentive to provide protections to these workers. Why? Because they won’t have to pay them if they get hurt, and individuals who are working on construction sites will more than likely be treated as disposable labor. And the less connection you have, the more disposable you become. Union workers, they’re more protected. But if you’re not in the union, you don’t get trained, you have nowhere to turn. 08:35 If you complain to the boss, what happens? The boss fires you because someone else is going to be looking for that job. We know of many instances, thousands of instances. We’ve represented almost 13,000 construction workers where an accident occurs and the boss won’t call an ambulance. The boss will tell a worker go home. If you need to go to the hospital, tell them that your accident happened at home. And why would they do that? They do that so that if a claim is ever made, the boss can say there was no accident. He reported it at home. There was no ambulance, there’s no proof of an accident. Okay, all they want to do the contractors, the owners of the buildings, the insurance companies themselves is save money, collect premiums and pay nothing. They don’t care what happens to the construction worker, to his family or to his future his future. 09:52 My job is to explain all of this and to seek compensation for those individuals. So whenever you’re working as a construction worker really in any job, but we’re talking about construction there are a lot of people that want to pay you in cash. But the problem with being paid in cash is that the boss can deny that they know who you are when an accident occurs. The boss can deny how much they were paying you and that then affects your ability to receive workers’ compensation. That affects your ability to receive workers’ compensation Because if you’re not getting paid in cash, because if you’re getting paid in cash, there’s no proof that you’re working for a particular company and there’s no proof of how much money you’re getting paid. So, if it’s possible, get paid by check. It protects you in the event that there’s an accident. 10:45 If you do have an accident report it. Call an ambulance, report it to the job super to site safety. Document your accident when you go to the hospital. Don’t ever allow the boss to tell you to say that you got hurt somewhere else at home. Tell the truth, report the accident. The bosses may tell you say you got hurt at home, don’t worry, we’ll pay your bills. And then, once you do that, you put yourself in a position where it’s going to be much more difficult to prove that you had an accident. 11:32 When you do have an accident in construction, you have two potential cases. You have a case for workers’ compensation. Everyone in New York who gets hurt while they’re working for a company always has one case. The case that they have is for workers’ compensation. Workers’ compensation pays your medical bills and some of the money you lose because you can’t work. It’s important to hire an attorney to represent you in a workers’ compensation case. I’ve been an attorney now for almost 40 years representing injured construction workers, but if I had an accident, I would hire a workers’ compensation lawyer, because it’s an area of the law that requires real expertise. The second case you have when you’re a construction worker is the case that we’ve been talking about, the case under what is called the scaffolding law, but it’s much broader than that. You can have the second case when you have an eye injury or you’re using a table saw that’s unguarded or you trip and fall or something even falls on you, and when that happens, there are at least three different types of compensation that you can receive. Medical bills from the day of the accident, including ambulance doctors, hospital surgery, workers’ compensation all the way up until when the case ends. But for those that continue to be injured and require medical care, you can recover money to pay your future medical bills for however long you’re going to need that for your lifetime, if necessary. 13:06 The second category of compensation is compensation for the money you lose because you can’t work or your ability to work is affected. If you’re making $1,000 a week and you can’t work any longer, you’re losing approximately $50,000 a year and without raises, if you worked for another 20 years, you would lose a million dollars. With raises, of course, that would be much more. Even if you were able to go back and get another job, if you were earning less money than you were earning before, that difference would be part of your case. And then, lastly, the law allows you to recover compensation for the pain you experienced and the changes in your life that occur from that pain. Pain from the day of the accident up until when the case finishes, and then into the future, for however long you will experience that pain. 13:59 But the law recognizes that the pain changes your life and usually there’s two types of changes that occur when you have an accident. The first change that happens is you find out I can’t do the things I used to be able to do. I can’t walk, I can’t run, I can’t work, I can’t exercise, I can’t do things with my children, with my wife, with my friends, I can’t pay my bills. But the second thing you find out is that, because of this accident, now you’re doing things that you never did before. I’m going to hospitals, I’m taking medicine, maybe having operations, physical therapy, I’m going to lawyers. Now, as a result of this accident, I’m worrying about my bills. I’m worrying about my rent, I’m worrying about my mortgage. Now, instead of taking care of myself and taking care of my family, I’m asking people to take care of me, and the law recognizes that. 14:57 All of these things happen when someone is hurt and the law allows you to have compensation. And for those women out there who are married and their husbands get hurt, the law allows you to have compensation. And for those women out there who are married and their husbands get hurt, the law also allows you to have your own case, because the law recognizes that what happens to one also affects the other. Some of you have children and now your husband gets hurt, and when your husband gets hurt, you end up with another child, some very big, who ends up crying a lot, and the law recognizes that and entitles you to compensation for that. So the law, the scaffolding law, the laws we use to protect construction workers after an accident, provide far more compensation, or the ability, the opportunity to obtain compensation, than simply workers’ compensation, which pays a limited amount of money if you can’t work and will only pay you for a maximum of 10 years if that, and with great difficulty, to try to get workers’ compensation to pay. 16:03 That’s why we need these protections. That’s why we need the labor law. That’s why we need the scaffolding law, because without that, construction workers, the people of the state of New York, will have nowhere to turn and we’ll have people living in boxes on the sidewalks because they’re unable to work, they’re unable to support their families. That’s what attorneys like I do: we help people, we help families. We give them back the financial security that they’ve lost because they were injured, because laws were violated and owners and contractors didn’t care at all what happens to these people. I’m Chris Correa. Thank you for listening to Hard Hats and Justice. I’ve enjoyed very much explaining to you some of what we do here, and if you want more information, go to our website, and I look forward to seeing you again and speaking to you about what we do here as a profession. Thank you very much. About Gorayeb & Associates, P.C. Founded in 1981, Gorayeb & Associates, P.C. is one of New York's leading personal injury law firms, specializing in construction accident litigation. The firm has represented more than 12,000 injured workers and secured over $2 billion in verdicts and settlements. The firm provides bilingual legal services and free community education to immigrant and working-class communities across the five boroughs. For more information visit: https://www.gorayeb.com/en/ /episode/index/show/d1cdd591-ca92-49c4-9fe8-cfdf352ffa2d/id/39296425

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