NY WCL Section 21-a: A Powerful Tool For Employers in the Construction Industry

There was a time when employers who were unsure whether a claim is compensable would not want to pay any benefits to the claimant for fear that it would be considered an acceptance of the claim, or constitute an “advance payment of compensation.” Oftentimes, they would ultimately be stuck with the claim because they had insufficient information to properly deny it and prevail at trial. However, the 1996 workers’ compensation reform legislation implemented a change to assist employers with this problem: New York Workers’ Compensation Law (NY WCL) § 21-a. This statute has addressed and resolved this concern for many employers, especially those in the construction industry.

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Collateral Estoppel in Construction Claims

Using Findings in the Workers’ Compensation Claim to Create Jeopardy in the Civil Claim.

In New York, a construction site injury generally leads to two claims being filed: a workers’ compensation claim, and a general liability (civil) lawsuit pursuant to New York’s Labor Laws. The workers’ compensation claim moves at a much faster pace than the civil lawsuit, with compensability potentially being determined in as little as sixty days.

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Lois Partner Tashia Rasul Addresses National Construction Defense Audience

Attorney Tashia Rasul, who heads the Construction Defense Practice Group at LOIS, presented a well-received panel discussion at the Claims Litigation Management annual conference in Orlando, Florida this March. The CLM Annual Conference is the premier annual event for professionals in the claims and litigation management industries. The Conference boast more than 2,000 attendees and the featured Premier Panels feature some of the top minds in the industry.

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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.

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