Q: I fell from a scaffold and hurt my back very badly. The defendant's lawyers claim that I refused to use safety devices.
A: Under Section 240 of the New York State Labor Law (The Scaffold Law), the defense of "recalicitrant worker" is one of the only defenses to this law, which provides that if you were injured in a fall from a defective ladder or scaffold, the defendant owners or contractors that provided the equipment will be held responsible. However, they must be able to prove that you were instructed to use specific safety equipment, and refused to do so, in order to avail themselves of this defense.
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