A Construction Defense Webinar

Overview of New York Construction Claim Litigation

This video is from a live webinar that took place on: Monday, February 1, 2021 at 12:00 pm EST

Tashia Rasul, Partner at Lois Law Firm and Construction Defense Team Leader, discusses 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 will provide an overview of the relevant New York common laws and statutory Labor Laws that impose duties and obligations on builders and owners and govern the civil claims that plaintiffs file.

Some of the topics that Tashia discusses:

Common and statutory law for owners and contractors.
The Impact of New York’s Labor Law Sections 200, 240, & 241.
Recent case law affecting how these statutes are interpreted.

About the Construction Defense Webinar Series

The Construction Litigation Webinar Series, a monthly discussion of recent case law developments and best practices for handling construction accident claims in New York, is always held on the FIRST MONDAY of the month at 12:00 PM EST. To register for a Construction Litigation Webinar, click the button below:

Register for a Construction Defense Webinar

About the Host

by Tashia Rasul

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

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.

Learn More About Construction Defense at LOIS

Why LOIS Has a Dedicated Construction Defense Practice

Lois has a dedicated Construction Defense Practice because 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.