Video: Overview of New York Construction Claim Litigation

In this video, “Overview of New York Construction Claim Litigation,” Construction Practice Leader and Lois Law Firm Partner Tashia Rasul provides an overview of the patchwork of numerous sources of law which form the basis for construction accident claims in New York. Examining these topics from the perspective of the builder or owner of a construction project, Tashia provides an overview of the relevant New York common laws and statutory Labor Laws that impose duties and obligations on builders and owners, and that govern the civil claims that plaintiffs file.

Some of the topics Tashia discusses include:

  • Common and statutory law for owners and contractors.
  • Labor Law Sections 200, 240, & 241.
  • Recent case law affecting how these statutes are interpreted.
  • How the civil claim brought under the Labor Law impacts the defense of the accompanying workers’ compensation matter.

This video is from a live presentation on February 3, 2020.

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Why LOIS Has a Dedicated Construction Defense Practice

Lois has a dedicated Construction Defense Practice because New York construction injuries often lead to two claims: one pending in workers’ compensation court and a civil case based on New York’s Labor Law. These cases are multi-jurisdictional as the two courts reviewing the same set of facts have very different jurisdictional limitations and powers. The injured worker is typically represented by seasoned counsel (from one of just a few firms who have turned construction claims into a specialty) and is aided by a statutory scheme in New York which creates a cottage industry of strict liability claims for employers. The embattled construction employer is therefore required to defend two claims at once filed by the same employee.

About the Host, Tashia Rasul, Esq.

At LOIS, Tashia leads the New York Construction Practice, which exclusively handles workers’ compensation claims arising out of construction accidents. Tashia represents employers, self-ensured companies, insurance carriers and third party administrators before the workers’ compensation courts in New York. Her expertise lies in complex coverage issues, wrap-ups, and claims arising out of catastrophic injuries. As part of her practice, Tashia frequently visits accident sites and provides on-site training to employers regarding workers’ compensation claims, as well as to develop defense strategies. Tashia is the author of the “Defending Construction Claims” Handbook (more on the handbook below).

Tashia regularly counsels clients on the importance of coordinating defense of workers’ compensation and general liability claims, and has a track record of favorable outcomes as a result of such coordination. In concert with Lois Law Firm’s recommended protocol for coordinating workers’ compensation and general liability defense, Tashia led a discussion of the protocol at the 2019 Annual Claims and Litigation Management (CLM) Conference to educate her peers on the importance of joint defense.

Get The Construction Defense Handbook

2020 Construction Defense Handbook
Cover of 2020 Construction Defense Handbook, by Tashia Rasul, Esq.

Authored by Tashia Rasul, Esq., this book is intended for employers, risk managers, insurance brokers and adjusters who are involved in the defense of construction accident claims in New York, and who are looking for a plain-English guide to defending construction accident claims.

Learn More About Construction Defense at LOIS

For more about the Construction Defense Practice at LOIS, or to request a hard (printed) copy of the “Defending Construction Claims Handbook, 2020 Edition” click here.

Disclaimer:

This webinar is not legal advice! The materials presented by this webinar/podcast and any affiliated website are for informational purposes only and are not offered as legal advice as to any particular matter. No viewer/listener/reader should act on the basis of these materials without seeking appropriate professional advice as to the particular facts and applicable law involved. The materials are not represented to be correct, complete, or up-to-date. Opinions presented by this video/podcast are the opinions of the author.

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