Defending HIMP-1 Claims in New York
The Chartwell Chronicles: New Jersey Attorney Fees
The Chartwell Chronicles: New Jersey Caselaw Updates
What's the Tea in L&E? Injury or Disability: What's the Difference?
The Chartwell Chronicles: Understanding the Medicals
The Chartwell Chronicles: Florida Workers' Compensation
LFLM LAW with L.A.W - EPISODE 20 - Legal beginnings - A New Attorney’s Journey
The Chartwell Chronicles: FAQs & Hot Topics
The Chartwell Chronicles: Second Injury Fund
The Chartwell Chronicles: Release & Resignation
LFLM LAW with L.A.W - Are AMEs still the solution with Tanya Johnson, Attorney, San Francisco
Detecting Fraud in New Jersey Workers' Compensation
The Chartwell Chronicles: New Jersey Workers’ Comp Alert
LFLM LAW with L.A.W - Adjuster to Attorney
Risk Transfer, Employer Liability, and Grave Injuries: Who Is Going to Pay?
LFLM LAW with L.A.W - Remote Trials
The Chartwell Chronicles: Expanding Our Conversation
The Chartwell Chronicles: Medical Provider Claims
The Chartwell Chronicles: Total Temporary Disability
A worker was injured when he fell from a ladder while working for a subcontractor at a construction project. The injured worker sued the owner of the project, seeking damages for his injuries. The owner was defended by its...more
If a general contractor thinks its responsibility for ensuring a safe workplace extends only to its own employees, that belief is mistaken. In a recent case, the Washington Court of Appeals made clear that as long as a...more
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
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
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
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
The insureds, a country club and motorcycle group, held an annual motorcycle rally. They were sued by two motorcycle riders who were struck by an automobile as the riders and automobile were entering the premises of the club...more
According to the Occupational Safety and Health Administration (OSHA), falls continue to be the top cause of employee deaths in the construction industry. Understandably, OSHA views fall protection as an enforcement priority....more
Court Holds That Contractor’s Insurer Must Defend Owner As Additional Insured In Personal Injury Action Filed By Subcontractor’s Employee- A premises owner hired a contractor to perform an oil-to-gas boiler conversion, and...more
In a recent case, the Texas Supreme Court addressed the scope of the general contractor’s duty of care to its subcontractors’ employees on the project site. In JLB Builders, L.L.C. v. Hernandez, the Court upheld the trial...more
Kenneth Jacobson was injured on a construction site, and he sued the owner of the premises and the general contractor (“GC”). The owner and GC filed a third-party action for contribution against a subcontractor insured by...more
The Texas Supreme Court’s recent decision in Los Compadres Pescadores, L.L.C. v. Valdez provides new guidance regarding a commercial property owner’s protections against liability for injuries occurring on construction sites....more
Employee falls and other construction hazards continue as a primary source of North Carolina workplace injuries and deaths. Several years ago, North Carolina OSHA increased its citation of general contractors for unsafe work...more
Under the Occupational Safety & Health Administration’s (OSHA) 1999 Multi-Employer Citation Policy, general contractors, construction companies, and other “host” employers can face liability for accidents involving...more
Construction accidents are inevitable, even for clients who implement and enforce a meticulous safety plan on a project. Despite best intentions and protections afforded to contractors, employees, subcontractors, vendors and...more
While recently meeting with a group of contractors, I noticed that three large general contractors were requiring their employees to wear safety helmets instead of traditional hardhats, despite the approximately $120 cost per...more
Construction Site Dangers - Construction sites abound not only in South Florida but also across the state and throughout the country. Residential communities are being built and so are shopping plazas to serve them....more
The 13th Court of Appeals in Edinburg, Texas issued an opinion in February 2018 that would eliminate the statutory employer protection for general contractors in certain circumstances if allowed to stand (Halferty v....more
In Delgadillo v. Television Center, Inc., 2018 No. B270985, the California Court of Appeal examined and refined the Privette doctrine. Mr. Delgadillo worked as a supervisor/window cleaner for a company named Chamberlin...more
In Connecticut, the answer was yes. Work-related injuries are an unfortunate reality in the construction industry, as are the lawsuits that often follow....more
In October, a Florida jury found a general contractor liable for $45 million for the death of a motorist killed by one of the contractor’s trucks pulling out of a road construction job site. The case highlights the importance...more
A continuing point of contention in employment law revolves around who is an employee versus who is an independent contractor. The issue seems to come up often in wage and hour cases and workers’ compensation or unemployment...more
On July 13, 2017, Houston's Fourteenth Court of Appeals in Berkel & Company Contractors, Inc. v. Lee, 2017 WL 2986856, reversed a $43.5 million jury verdict for a superintendent who lost a leg after a crane collapsed at a...more
In light of a recent decision from the Indiana Supreme Court, Indiana employers—and construction companies in particular—should review their contracts and subcontracts to determine if they have unwittingly assumed a duty of...more
Supreme Court Advance Release Opinions: SC19516 - Doe v. Boy Scouts of America Corp. SC19516 Concurrence - Doe v. Boy Scouts of America Corp. SC19516 Concurrence - Doe v. Boy Scouts of America Corp. ...more