Construction Worker’s Compensation

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Construction Case Law Update - September #2 2014

FLORIDA FEDERAL CASES - - Contribution, Equitable Subrogation, and Breach of Contract – Insurer adequately alleged elements of contribution, equitable subrogation, and breach of contract claims in construction defect...more

Texas Supreme Court Opinions and Orders (6/14, pt. 2)

No. 11-0810, LAN/STV, J.V. v. Martin K. Eby Construction Co. - In a unanimous opinion by Chief Justice Hecht, the Court held that the economic loss rule does not allow a general contractor to recover increased costs of...more

Missouri Supreme Court Abandons Exclusive Causation Requirement for Worker’s Compensation Retaliatory Discharge Claims

In Templemire v. W&M Welding, Inc., -- S.W.3d -- , (Mo. 2014), No. SC93132, 2014 WL 1464574, the Missouri Supreme Court threw out its long-held interpretation of section 287.780, RSMo requiring a plaintiff in a worker’s...more

Workers' Compensation Alert: Predetermination/Misclassification in the Construction Industry

In Nate Holyoke Builders, Inc. et al. v. WCB AIU, WCB App. Div. No. 14-11 (April 24, 2014), the employer appealed a decision imposing a $30,000 penalty for misclassification of nine employees as independent contractors. The...more

The Construct - March 2014

In This Issue: - Green Law Corner: What LEED v4 Means for You - Deliberate Intent: Beyond Workers' Compensation and Into the Assets of Your Business - EPA Approves the New Phase I Standard -...more

Recent Legal Decisions Prove That Your Experience Modification Rate Matters More Than Ever

Some contractors no doubt experienced sticker shock when their most recent workers’ compensation audit came back with a higher-than-expected Experience Modification Rate, or EMR, that raised their insurance premium despite...more

Contractors State License Board Beefs Up Public Works Unit

The California Contractors State License Board (“CSLB”) has announced that it’s beefing up its Public Works Unit to help ensure that contractors bidding and performing work on public works projects are complying with wage and...more

California Insurance Laws Enacted in 2013

October 13, 2013 was the deadline for Governor Jerry Brown to act on bills passed by the California Legislature this year. Here are summaries of noteworthy insurance-related bills which Governor Brown signed into law. Unless...more

Retailer Liability - NY Court Clarifies Type of Cleaning Governed by "Scaffold Law"

Today, New York's highest court issued a decision that affects an injured worker's right to compensation under Labor Law Section 240, an absolute liability statute feared by many New York property owners and their contractors...more

More Than 25 Percent Of Construction Site Injuries Go Unreported

Despite the benefits and medical treatment that can typically be obtained through workers' compensation, research shows that construction workers do not always report on-the-job injuries. In findings relevant to workers in...more

New Tennessee Law Penalizes the Construction Industry For Misclassifying Workers

Effective July 1, 2013, the Tennessee Department of Labor and Workforce Development (TN DOL) will be authorized to impose penalties on construction companies that avoid paying workers’ compensation premiums by misclassifying...more

Alabama Workers' Compensation Applies In Construction Zone Crash?

Construction zone accidents in Alabama happen more frequently than many people may believe. When a worker is injured or killed in one of these collisions, workers' compensation insurance benefits typically apply....more

Colorado Construction Legislation Update

The 2013 Colorado Legislative Session ended on May 8, 2013. Although construction issues were not at the forefront, a few bills pertinent to the construction industry did appear and pass this Session. This advisory provides...more

California Legislative Committees Considering Insurance Bills

Numerous insurance-related bills have been introduced in the California Legislature this year. Legislative committees are now conducting hearings on the various measures. This year’s regular legislative session will end on...more

Nonsubscriber Legislative Update

As we near the end of the regular session of the Texas legislature (May 27), we wanted to give you a quick update on the status of various proposed nonsubscriber-related bills. Similar measures to these have been proposed...more

Alabama Construction Worker Awarded $1.7 million For Injuries

While workers' compensation benefits will work to cover the medical expenses and lost wages that an Alabama worker encounters following a workplace accident or injury, this is not the only source of compensation available in...more

Contractor Checklist

On March 21, 2013, I spoke on the topic of new employment laws for the Government Affairs Committee (GAC) of the Beverly Hills Chamber of Commerce. Also speaking to the GAC that morning was Head Deputy District Attorney John...more

Huntsville business fined for failing to protect workers' safety

As long as workers are living up to the requirements of their jobs, generally, their employers should have their backs. Workers have certain rights that, if neglected, can mean more than an unpleasant work environment....more

Case Studies in Environmental Medicine (CSEM) Asbestos Toxicity

This educational case study document is one in a series of self-instructional publications designed to increase knowledge of hazardous substances in the environment and to promote the adoption of medical practices that aid...more

Severe work injury case ends favorably for brain injury victim

When someone chooses to work construction there is going to be some risk involved, especially when the person is working up on scaffolding. However, employers are still expected to do everything in their power to keep their...more

New York Construction Accident Lawyer from The Perecman Firm Discusses Workers’ Compensation after Construction Workers Injured in...

New York workers’ compensation lawyer David Perecman comments on a construction accident that left a worker critically injured. A piece of concrete fell on the head of the 26-year-old construction worker as he was clearing...more

Contractors, Be Sure to Maintain Your Workers' Compensation Insurance

A contractor's failure to maintain its workers' compensation coverage can have disastrous consequences. Unless the contractor is exempt from having workers' compensation insurance, its failure to maintain such...more

Is Your Insurance Program Synched With Your Contract Specs?

The typical construction agreement requires specific types and amounts of insurance coverage. Your subcontract will designate the types of insurance required (i.e., general liability, workers’ compensation, auto,...more

The 2011 Texas Legislature Tightens Indemnity Rights and Changes Mechanic's Lien Perfection Requirements

The 82nd Regular Session of the Texas Legislature dealt with many issues related to construction projects in Texas, including sustainable design building standards for state buildings, lien waiver form requirements, and the...more

Weekly Law Resume - December 15, 2011: Premises Liability–Independent Contractors and Pre-existing Hazardous Condition

Gary Gravelin v. Paul Satterfield, et al. Court of Appeal, First District (November 15, 2011) This case considered whether homeowners are liable for the injuries of an independent contractor sustained on the...more

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