2020 Construction Defense Handbook

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

The “Go To” Handbook for Defending Construction losses in 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.
To provide and overview of the law and provide practical claims-handling advice, Tashia Rasul has created the “Defending Construction Claims in New York” Handbook. Subtitled “A Practical Protocol for Coordinating Workers’ Compensation and General Liability Defense in Catastrophic Construction Claims” 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 these claims.

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About the Book.

List Price: $199.00
6″ x 9″ (15.24 x 22.86 cm)
Black & White on White paper
151 Pages
ISBN-13: 9781712532485
BISAC: Law / Litigation

Chapter List:

  • CHAPTER 1: INTRODUCTION
  • CHAPTER 2: OVERVIEW OF NEW YORK CONSTRUCTION CLAIM LITIGATION
  • CHAPTER 3: OVERVIEW OF NEW YORK WORKERS’ COMPENSATION LAW
  • CHAPTER 4: RISK REDUCTION AND TRANSFER SCHEMES THAT COMPLICATE CASE HANDLING
  • CHAPTER 5: BEFORE THE LOSS
  • CHAPTER 6: AT THE TIME OF THE LOSS
  • CHAPTER 7: MAINTAINING PRIVILEGE
  • CHAPTER 8: LEGAL DEFENSE BEST PRACTICES
  • CHAPTER 9: GLOBAL SETTLEMENTS
  • CHAPTER 10: OSH ACT OVERVIEW
  • CHAPTER 11: HIPAA
  • APPENDIX: NEW YORK WORKERS’ COMPENSATION “CHEAT SHEETS.”

About the Author: Tashia Rasul, Esq.

Tashia Rasul, Esq.
Attorney Tashia Rasul leads the Construction Defense Practice at LOIS.

Tashia Rasul is a Partner at Lois Law Firm.  She leads the New York Construction Practice Team, which exclusively handles workers’ compensation claims arising out of construction accidents. Tashia represents employers, self-insured 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 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.

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.

Tashia is admitted to practice law in New York and New Jersey.

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