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A Construction Defense Webinar

Legal Issues in Coordinating Multijurisdictional Defenses

In this video, “Legal Issues in Coordinating Multijurisdictional Defenses,” Tashia Rasul, partner at Lois Law Firm, discusses how counsel representing the employer in regard to the civil or worker’s compensation proceeding must consider whether the transfer of information, documents, medical records, surveillance materials, etc., creates a disclosure or privilege issue in the other case. In order to do this, counsel must be cognizant of the relevant disclosure requirements in each jurisdiction. Further, counsel must be familiar with the relevant discovery tools available in each jurisdiction.

Some of the topics Tashia discusses include:

  • Which side of the house takes the lead on investigation?
  • Which parts of the investigation are revealed to which counsel,
  • and when?
  • What are the applicable privileges, and how could they be abrogated?

Construction Defense Webinar Series

The Construction Litigation Webinar Series, from Lois Law Firm, is a monthly discussion of recent case law developments and best practices for handling construction accident claims in New York. These webinars are focused on practical claims-handling and perfect for your team members who need state-specific training or a refresher course for this jurisdiction! Each webinar features a live presentation followed by a Question & Answer session. To register for a Construction Litigation Webinar, click the button below:

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.

Download Now

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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