All posts by Lois LLC

Defending Employers in New York, New Jersey, and Longshore.

Best Practices for Catastrophic Construction Accident Cases in New York

Lois Law Firm releases the practical guide “Best Practices in Dual Jurisdiction Cases: New York General Liability and Workers’ Compensation” following Partner Tashia Rasul’s well-received panel discussion at the Claims Litigation Management Conference in Orlando Florida on March 14, 2019. The guide is a practical protocol for coordinating workers’ compensation and general liability defense counsel in catastrophic construction cases. The guide is available here: https://loisllc.com/downloads/download-best-practices-for-dual-jurisdiction-claims/

Tashia Rasul is a partner at LOIS where she defends employers in New York workers’ compensation matters and leads the Construction Defense Practice team. She frequently visits construction and other work sites to develop defense strategies. Tashia routinely handles complex cases involving occupational injuries, pulmonary diseases and catastrophic injuries.

In addition to her busy trial practice, Tashia leads the Firm’s Diversity Committee. Tashia is active in the National Alliance of Women in Workers’ Compensation, a think tank of engaged female thought leaders committed to discussing challenges and emerging trends in the Workers’ Compensation industry.

Before joining Lois LLC, Tashia was an in-house counsel for a national insurance company, where she handled personal injury protection (PIP) and “No-fault” cases. Tashia has also represented school boards, police departments and municipalities in cases involving claims against Public entities under New Jersey’s Title 59.

Video: Trial Attorneys on Pros and Cons of New York’s Mandatory Virtual Hearing Program

On March 25, 2019 the New York State Workers’ Compensation Board will complete its technology upgrade to all workers’ compensation courts throughout the state. This transition to mandatory, statewide virtual hearings caps off a year-long project by the Board to roll out virtual hearings across the State and make attorney check in through the virtual hearing system a requirement across the entire system. Lois Attorneys Christian Sison and Managing Partner Greg Lois discuss what this means for employers and carriers.

Continue reading Video: Trial Attorneys on Pros and Cons of New York’s Mandatory Virtual Hearing Program

Tashia Rasul on Best Practices in Dual Jurisdiction Claims at CLM Annual Meeting

LOIS Partner Tashia Rasul will participate in a panel “Best Practices for Dual Jurisdiction Claims” at the CLM Annual Conference in Orlando Florida on March 14, 2019. This is one of the largest professional conferences of its kind in the country, with more than 2,000 participants and the presentation explores the role of workers’ compensation defense counsel in coordinated multiple-jurisdiction cases. These types of cases are common in the New York construction litigation arena, where project owners and construction entities are often defending civil actions brought under New York’s Labor Law and a workers’ compensation claim prosecuted before the New York Workers’ Compensation Board.

Rasul leads the construction practice at the firm and represents a wide array of clients in the defense of workers’ compensation claims before the New York Workers’ Compensation Board, including construction contractors, general contractors, project owners, developers, architects, engineers and other professionals in all aspects of construction litigation.

LOIS is consistently regarded as a Firm that fights for construction clients with an unmatched track record. The Firm’s lawyers use their expertise and years of experience handling construction cases to fully defend construction injury claims. “I make a difference for my clients because I am hands-on with my cases,” says Rasul. “Sitting behind a desk and appearing in court comprise only a fraction of what I do for my clients. I visit constructions sites so I can learn about the projects and what is important to my clients. I also visit the sites so I can meet with the key players face-to-face, observe the accident location, and develop defense strategies.”

With six attorney partners and more than 17 associate attorneys, LOIS prides itself on giving each case the complete attention it deserves and requires at every step of the legal process. “Our promise to clients is that we will aggressively defend their case. We begin envisioning how the trial plays out the first day we take on a new matter from the client, ” says managing partner Greg Lois. “That has always been our recipe for success and my partner Tashia Rasul exemplifies the type of strong, dedicated advocate that we think best represents our clients.”

“I believe this approach makes a difference for my clients because it allows me to obtain first-hand knowledge of the job-site and where the accident occurred, as well as the parties that were involved, resulting in a well-rounded understanding of the underlying details of the case,” says Rasul “This in turn helps me to determine the evidence I need so I can piece a defense strategy together.”

Trial-tested Lois Law Firm Recognized by Peers

“I am honored and grateful for the recognition of my fellow New York attorneys,” says Greg Lois, coauthor of the LexisNexis Practice Guide and managing partner of Lois Law Firm LLC. “I have always measured the quality of my legal services by the results I achieve for my clients, and I think this recognition speaks to my long track record on behalf of employers.” Over his nearly twenty year career Lois has defended every industry and tried cases throughout New York and New Jersey, including venues ranging from Buffalo, New York to Atlantic City, New Jersey. “We succeed thanks to our trial-tested techniques, technology advantages, and exceptional communication and teamwork skills.”

Lois’s partners bring considerable expertise to the firm, with Joe Jones leading the New Jersey workers’ compensation defense practice throughout New Jersey. “With our specialized skills and resources, we can guide clients with the heart of a teacher while we aggressively defend their interests in any court proceeding,” says Jones. “Our trial attorneys are experienced and regularly try cases in all Jersey courts.” Continue reading Trial-tested Lois Law Firm Recognized by Peers

Are Brand Employees Working Within a Retailer Eligible for Compensation Benefits from the Store?

It has become increasingly common for national brands to place their own employees within retail stores. Examples include technology companies providing in-store employees to major technology retailers and makeup and perfume brands supplying counter employees to department store retailers. Often times the person selling cosmetics behind the counter at a national department store is actually hired by, paid by, and trained by the cosmetic company and not the retailer. If that worker is injured, whether or not the brand employee will be found to be an employee for workers’ compensation purposes of the retail store will depend on the nature of the employment. Continue reading Are Brand Employees Working Within a Retailer Eligible for Compensation Benefits from the Store?

Federal Employer’s Liability Act Claims Preempt New York Jurisdiction.

In general, the Federal Employers Liability Act preempts the New York Workers’ Compensation Law unless the parties waive their federal rights and claims. The Board lacks the authority to rule on jurisdictional issues regarding federal claims (such as whether or not the claimant is an employee of the interstate entity. This is because WCL § 113, states that “[t]he provisions of [the New York Workers’ Compensation Law] shall apply to employers and employees engaged in intrastate, and also interstate and foreign commerce for whom a rule of liability or method of compensation may be established by the congress of the United States . . . provided that awards according to the provisions of this chapter may be made by the board . . . in case the claimant, the employer and the insurance carrier waive their admiralty or interstate rights and remedies.”

In a recent case, McCray v. CTS Enterprises, 166 A.D.3d 1356 (3d Dep’t 2018) the court reversed a Board panel decision finding that the Board lacked the jurisdiction to determine issues of employment for employees engaged in interstate railway work because federal law preempted the state workers’ compensation law.