News & Analysis as of

Construction Industry Workplace Injury

Conn Maciel Carey LLP

[Webinar] Top 5 Construction Industry OSHA Citations - August 13th, 10:00 am PT

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In the high stakes construction world, OSHA often issues citations for the lack of fall protection, scaffolding hazards, hazard communication failures, electrical hazards, and inadequate personal protective equipment (PPE)....more

Spilman Thomas & Battle, PLLC

NC Court of Appeals Clarifies How Insurers’ Duties to Defend and Indemnity Are Triggered in Atypical Employment Relationships

The Court of Appeals’ opinion in N.C. Farm Bureau Mut. Ins. Co. v. Young, (No. COA24-594) addresses how a court is likely to assess the duty to defend and the duty to indemnify under an insurance contract, and the interplay...more

Conn Kavanaugh

Update Your Construction Contract! Massachusetts Supreme Judicial Court Holds that Breach of Contractual Indemnity Provision is...

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Under the Massachusetts statute of repose, tort claims involving improvements to real estate generally must be initiated within six years of the improvement’s opening to use. So, for example, if a worker suffers a jobsite...more

Carlton Fields

Texas Appeals Court Finds Project Owner Excluded From Coverage as Claimants’ Statutory Employer

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On April 3, 2025, a Texas state appeals court reversed a trial court order awarding Exxon Mobil $25 million under an umbrella insurance policy issued by Lexington Insurance Co. to Brock Services Ltd. The appeals court found...more

Conn Maciel Carey LLP

Key OSHRC Rulings Explained: Secretary of Labor v. Trinity Solar LLC

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Welcome to “Key OSHRC Rulings Explained,” a new series in Conn Maciel Carey LLP’s OSHA Defense Report blog, designed to explore significant case summaries of Occupational Safety and Health Review Commission (OSHRC) decisions....more

Marshall Dennehey

Did the Cat Move the Ladder?

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Key Points: New York appellate decision gives defense counsel firm ground on which to defend a standard § 240(1) case. In Simpertegui v. Carlyle House Inc., 209 N.Y.S.3d (1st Dept. May 9, 2024), a “ladder-fall” case, the...more

Hendershot Cowart P.C.

Your Employee Lawyered Up. Now What? Best Practices for Contractors Following a Worksite Injury

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When a workplace injury occurs at your construction site, the actions you take in the immediate aftermath can significantly impact potential legal consequences, insurance claims, and your business's financial health....more

Bennett Jones LLP

Just Released: OHS Lessons for Employers from King v. R., 2025 NBCA 12

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On January 23, 2025, the New Brunswick Court of Appeal released its decision in King v R. This tragic case highlights critical lessons for employers, emphasizing the importance of leadership accountability, adherence to...more

Fisher Phillips

Construction Industry Records High Fatality Numbers Once Again: 10 Steps You Can Take to Address Workplace Dangers

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Recently released statistics revealed that working in the construction industry was once again the most dangerous occupation in the country, as over 20% of all workplace fatalities from 2023 occurred in the construction...more

Amundsen Davis LLC

What Construction Employers Need to Know About OSHA’s Final Personal Protective Equipment Standard

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On December 12, 2024, the Occupational Safety and Health Administration (OSHA) issued its revision to the personal protective equipment (PPE) standard for construction to ensure properly fitting PPE for all construction...more

Stark & Stark

NJ Takes Bold Step to Protect Workers from Heat-Related Risks: Bill A.B. 5022

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In the United States, 986 workers died from heat exposure between 1992 and 2022, with the construction industry accounting for 34% of all deaths. Although the U.S. Occupational Safety and Health Administration (OSHA) has...more

Parker Poe Adams & Bernstein LLP

OSHA Reports Drop in Fall and Trench Injury Incidents

For years, the Occupational Safety and Health Administration has identified fall protection among its top compliance priorities. Falls have been a continuing leading cause of employee injuries and deaths, especially in the...more

Bradley Arant Boult Cummings LLP

Alabama Supreme Court Overturns Directed Verdict in Workplace Injury Lawsuit

On November 8, 2024, in Marina v. Bama Reinforcing, LLC, the Alabama Supreme Court addressed a trial court’s directed verdict on an injured construction worker’s negligence action. The worker was employed as a concrete...more

Rivkin Radler LLP

October 2024 New York Insurance Coverage Law Update

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The insured admittedly punched and threw the claimant to the ground, but the insured maintained during her plea for reckless assault in criminal court that the claimant was the aggressor, she acted in self-defense, and that...more

Fisher Phillips

All the New California Workplace Laws You Need to Know About For 2025

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Now that the California legislative session is essentially over and Governor Newsom has taken action to either approve or veto all the workplace law bills on his desk, employers can take stock on all the new laws that will...more

Segal McCambridge

New York Labor Law Appellate Division Round-Up

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Issues involved with construction accidents in New York are very fact-specific, and it is important to obtain testimony and evidence of all aspects of the construction project to try and defeat a summary judgment motion....more

Goldberg Segalla

[Webinar] Risk Transfer, Employer Liability, and Grave Injuries: Who Is Going to Pay? - May 15th, 12:00 pm - 1:00 pm EDT

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While this webinar will focus primarily on the New York construction aspect of risk transfer, it will be helpful for anyone dealing with risk-transfer issues. The presenters will also discuss activating the employer-liability...more

Goldberg Segalla

Labor Law Update - Spring 2024

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The plaintiff, a diesel technician, was lying beneath a lifted trailer working on a faulty airbrake system when the trailer fell on him, causing catastrophic injuries. The Court of Appeals affirmed the lower court’s dismissal...more

Saiber LLC

The Saiber Construction Law Column: February 2024

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In the April 2023 OnSite issue, the Saiber Construction Law Column discussed a 2022 case in which the Supreme Court of Maryland held that a party who hires an independent contractor is generally not liable to an employee of...more

Husch Blackwell LLP

OSHA Announces Preference for Safety Helmets over Hard Hats

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On December 11, 2023, the Occupational Safety and Health Administration (“OSHA”) announced that it will be “replacing traditional hard hats used by its employees with more modern safety helmets.”...more

Morris James LLP

Construction Accidents FAQs

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1. What is a construction accident lawsuit? A construction accident lawsuit is a legal claim made by someone who has been injured on a construction site as result of negligence or a safety violation. This could involve...more

Spilman Thomas & Battle, PLLC

New Occupational Safety and Health Administration Injury Reporting Rules

To improve the tracking of workplace illnesses and injuries, OSHA on January 2, 2024 began requiring electronic submission of OSHA Forms 300 and 301. Additionally, the following new changes and requirements go into effect,...more

Marshall Dennehey

Falling From a Scaffold in New York Can Be a Triable Issue of Fact Under Labor Law § 240

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Arizaga v. Lex Gardens II TP4 Hous. Dev. Fund Co., Inc., 78 Misc. 3d 1216(A), 185 N.Y.S.3d 646 (N.Y. Sup. Ct. 2023) - The plaintiff, a carpenter, was performing work on a scaffold when the planks of the scaffold lifted up,...more

Marshall Dennehey

New York Supreme Court Determines That Tenant of a Property is Not Liable for Plaintiff’s Labor Law § 240 and Labor Law § 241...

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Campbell v. Cobblestone Rest. of Geneva, LLC, 78 Misc. 3d 1216(A), 184 N.Y.S. 3d 577 (N.Y. Sup. Ct. 2023) - An individual working for a subcontractor fell while at Cobblestone Restaurant, which was owned by Encore and...more

Parker Poe Adams & Bernstein LLP

Business Owner Pleads Guilty to Manslaughter Charges Following Fatal Trench Collapse

Last month, the owner of a Colorado construction company pled guilty to criminal manslaughter charges following the death of an employee as the result of a trench collapse. According to the federal Occupational Safety and...more

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