A Construction Defense Webinar

Overview of New York Construction Claim Litigation

This video is from a live webinar that took place on: Monday, February 3, 2020

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.

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:

Register for a Construction Defense Webinar

About the Host

Tashia Rasul, Attorney at Lois Law Firm

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.

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.

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.