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Trial Win: Construction Worker Wage Loss Unrelated to Work Injury

In this claim which arose out of a construction injury, the claimant asserted he was entitled to lost time awards following his accident, and produced medical evidence assessing an ongoing total disability. Notwithstanding the claimant’s allegations and supporting medical evidence, we investigated the claim and secured witness testimony from his supervising foreman. This testimony, combined with our cross-examination of the claimant, persuaded the Law Judge at the New York Workers’ Compensation Board to find the claimant was terminated from his job for reasons unrelated to his work-related injuries and was therefore not entitled to any indemnity awards. The claimant appealed the decision, but the Board Panel affirmed. When awards are in play, it is important to explore all defenses and utilize any opening in defending the claim.

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Download the Defending Construction Claims Handbook

Download Our Defending Construction Claims Handbook

This is the 2022 edition of 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” 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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Learn More About Construction Defense at LOIS

Our Construction Defense Team is led by Partner Tashia Rasul, Esq. This dedicated team exclusively handles workers' compensation claims arising out of construction accidents. Tashia’s 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 in New York” Handbook, available here.

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