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Third Fridays Podcast: Episode 25

Defending Construction Dual Jurisdiction Claims From Day One

Host Christian Sison welcomes his law partner attorney Tashia Rasul to the show in advance of her well-anticipated speaking engaged at the annual Claims and Litigation Management conference in Orlando. The two discuss the difference between reporting accident claims and reporting compensability decisions to the WCB. This was then applied to how LOIS specifically defends construction claims, with the help of Tashia’s Construction Practice Team.

What is “Third Fridays”?

Third Fridays Podcast is a live, 30-minute legal talk show from Lois Law Firm featuring moderator Christian Sison. It is the original forum in which real attorneys discuss workers’ compensation issues, share their opinions and engage in colorful conversations.

The goal of the show is to showcase the diverse perspectives of the attorneys handling workers’ compensation cases. Attorneys discuss case law trends, practical litigation strategies, and hot topics.

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Download the Defending Construction Claims Handbook

Download Our Defending Construction Claims Handbook

Tashia Rasul’s Handbook, “Defending Construction Claims in New York,” subtitled “A Practical Protocol for Coordinating Workers’ Compensation and General Liability Defense in Catastrophic Construction Claims,” 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 these claims.

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Construction Defense at Lois Law Firm

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.

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