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More often than not the target defendants– the construction contractor and owner–admittedly fail to provide any safety devices, instead mistakenly relying on the contractual obligation of a sub-contractor to fulfill this statutory mandate. Specifically, the failure to provide any safety device at all constitutes a direct violation of Labor Law § 240. This law applies to all workers, irrespective of any union, affiliation or U.S. residency. This statute applies to both union and non-union job sites. Labor Law § 240 is designed to protect those construction workers who have been injured as a result of a gravity related accident. The special protections available to the injured construction workers are separate from the compensation received under to New York’s workers compensation law (s).