One can view the small business forum that Assemblyman George Amedore hosted at Proctors Theatre last week cynically, as an exercise in self-interest aimed at helping his family’s home building business. Or more realistically, as an attempt to point out the large burdens that New York state places on small businesses, from a man who knows whereof he speaks. One of those burdens is the so-called “scaffold law,” which makes contractors and property owners strictly liable even when a worker’s own negligence, or drinking or drug taking, contributes to his injury in a fall from a scaffold or ladder. The strict liability standard dates to before the turn of the century, when workplace safety was not a priority and a damage suit against the employer was the only way an injured worker could be compensated. But since then, there have been major gains in workplace safety (OSHA), and the workers’ compensation system, which operates on the no-fault principle, has been established. In fact, in New York workers’ comp was reformed this year, to the benefit of both employers and workers (one of the few accomplishments of Gov. Eliot Spitzer and the Legislature). So there is no longer any justification for such a strict standard — which no other state but New York has. This is not to say that a negligent employer or homeowner shouldn’t be penalized for a worker’s injury; but negligence should have to be proved, rather than assumed, which isn’t the way things have worked in the past. Knowing how difficult it is to win in court, insurers have stopped offering this type of coverage, or raised premiums to levels several times higher than in other states. The predictable result is higher costs for construction projects: Amedore says it raises the cost of new homes in the Capital Region by approximately $6,000. A few recent court cases have narrowed the law’s application somewhat, allowing contractors and site owners to escape liability when they provide safety equipment, such as harnesses, and workers don’t use it. But these cases have as yet had no noticeable effect on insurance rates. And court interpretations can go either way; in the past, they took a most expansive view of contractor and site owner liability. The best solution is for the Legislature to reform the statute (Amedore is sponsoring legislation to do so) or eliminate it altogether. Unfortunately, neither is likely to happen anytime soon given the power of the unions and trial lawyers in this state.
few recent court cases have narrowed the law’s application somewhat, allowing contractors and site owners to escape liability when they provide safety equipment, such as harnesses, and workers don’t use it. But these cases have as yet had no noticeable effect on insurance rates. And court interpretations can go either way; in the past, they took a most expansive view of contractor and site owner liability.
I haven't seen our car insurance rates get reduced for the 'seat belt law'.....any here notice that little discount???.....no, only the increase for ALL insurances since 9/11 and Katrina.....
and without vasoline too........
Same thing with health insurance.....insurance = socialism when used in the way it is used in NYS.........SHOW ME THE $$ TRAIL......
Quoted Text
Main Entry: 1in·sur·ance Pronunciation: \in-ˈshu̇r-ən(t)s also ˈin-ˌ\ Function: noun Date: 1651 1 a: the business of insuring persons or property b: coverage by contract whereby one party undertakes to indemnify or guarantee another against loss by a specified contingency or peril c: the sum for which something is insured 2: a means of guaranteeing protection or safety
There are no guarantees and no one/thing thinks the value of our property/persons are as valuable as we do......where our heart lies so will our treasure be......
And Social Security is what???????
Quoted Text
Main Entry: social security Function: noun Date: 1908 1: the principle or practice or a program of public provision (as through social insurance or assistance) for the economic security and social welfare of the individual and his or her family; especially capitalized both Ss : a United States government program established in 1935 to include old-age and survivors insurance, contributions to state unemployment insurance, and old-age assistance 2: money paid out through a social security program
...you are a product of your environment, your environment is a product of your priorities, your priorities are a product of you......
The replacement of morality and conscience with law produces a deadly paradox.
STOP BEING GOOD DEMOCRATS---STOP BEING GOOD REPUBLICANS--START BEING GOOD AMERICANS
High taxes drive people out of N.Y. First published in print: Saturday, January 31, 2009
Here we go again. The state budget is in the red and Albany is raising taxes again with new "fees" and pushing state mandates down to local levels. This translates into higher property taxes for all.
With the federal government cutting taxes to help the working class, why is Albany coming up with new fees and shifting more of the burden onto the property owner?
The solution to uncontrolled tax increases is clear: Cut state spending to match the income.
If the budget is short by $15 billion, cut $15 billion from the budget.
The cuts should be made across the board including the governor, Senate, Assembly and special committees.
Governor Paterson, you're chasing businesses out of New York along with the workers, meaning less income for the state. If you continue to raise taxes, more businesses will leave along with the workers.
If you don't cut taxes and state mandates, property owners will lose their houses because they cannot afford to pay their taxes. When that happens, who will they turn to for help?
The only way New York can get out of this is by cutting all taxes and fees, not just property and school taxes.
This would help make us more competitive with other states that are trying to attract new businesses.
The more businesses, the broader the tax base. The broader the tax base, the better it is for everyone.
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