News & Analysis as of

Construction Accidents

Hold On To Your Hard Hats: Updates On Construction Site Safety In New York

In New York City, construction of some sort is always moving forward and, as such, worksite injuries and fatalities unfortunately will occur. The Commercial Observer's "The State of Construction Safety" conference on May 4...more

No Excuses: Preventing Construction Site Accidents and Remembering the Dead

by Lewitt Hackman on

With Spring comes not only warmer weather, a change in time, and the start of baseball, but a return of construction projects as builders begin another season of home and commercial building. ...more

The Absent Commissioner: After a hearing, who may render a decision on the claim?

Bentley v. Jonathan Piner Construction (NC Court of Appeals, 9/20/16) Plaintiff suffered a right eye injury on March 3, 2014, when working on a construction site.? Defendants denied the claim, arguing that plaintiff was...more

Mississippi Court Rejects Expansive Reading of Oral Construction Contracts

In McKean, et. al. v. Yates Engineering, 2015 Miss. App. LEXIS 446 (2015), the Court of Appeals of Mississippi affirmed the Circuit Court’s dismissal of four (4) plaintiffs’ personal injury claims stemming from the collapse...more

New York Appellate Court Finds New York Labor Law 240(1) Does Not Apply to Plaintiff’s Fall Because the Opening at Issue Was Not...

In Vitale v. Astoria Energy II, LLC, 2016 N.Y.App.Div LEXIS 2867 (2nd Dep’t April 20, 2016), Plaintiff was working as a surveyor at a construction site, verifying the accuracy of the location of approximately 200 anchor...more

It’s Time for a Toolbox Talk

Join in the National Safety Stand-Down May 2-6, 2016.  The purpose of the stand-down is to raise awareness about preventing fall hazards in the construction industry. Fatalities caused by falls from elevation continue to be a...more

Construction Group News: Workers Cannot Recover Lost Wages from Contractor Responsible for Explosion that Shut Down Project

by Murtha Cullina on

The Connecticut Supreme Court has held that construction workers whose jobs are affected by the shutdown of a construction project due to an accident cannot bring suit for lost wages against the companies whose negligence...more

The Truth Will Set (And Keep You) Free - Making False Statements to an OSHA Inspector Can Result in Criminal Charges

by Miller & Martin PLLC on

On April 6, 2015, the United States Department of Justice charged a roofing contractor doing business in Alabama with making false statements and lying to OSHA inspectors in connection with an incident investigation at one of...more

Do Contract Workers Qualify for Workers’ Comp Claims?

by Howard Ankin on

Non-employees working on a company site are covered for workplace-related claims. But it’s important to seek medical care from the employer’s provider. American workers increasingly labor away in an independent...more

Upheld: Injured Subcontractor’s Lent Employee Has No Claim Against Landowner or General Contractor After Choosing Workers’...

by Snell & Wilmer on

In Lee v. M and H Enterprises, Inc., — P.3d —- (decided Apr. 21, 2015), the Arizona Court of Appeals recently clarified why, in most cases, landowners and general contractors are not liable when subcontractor employees are...more

Arizona Residential Fall Protection Statute Repealed

by Snell & Wilmer on

By the actions of the Federal Occupational Safety and Health Administration (Federal OSHA), today the Arizona-specific residential fall protection statute has been repealed. Effective tomorrow, February 7, 2015, Arizona...more

Third-party lawsuits and construction worksite accidents

by Howard Ankin on

According to the U.S. Bureau of Labor Statistics, more than 8,000 American employees are injured on the job every day. Some of these injuries are relatively minor, requiring only a short recovery period....more

Not so obvious “obvious risks”

by DLA Piper on

The District Court of Western Australia’s recent decision in Petkovic v Blazeski [2014] WADC 170 highlights the limitations of “obvious risk” defences and the level of evidentiary analysis that defendants ought undertake...more

Illinois Court Holds Insurer Estopped from Relying on Coverage Defenses

In its recent decision in Mt. Hawley Ins. Co v. Certain Underwriters at Lloyd’s, 2014 Ill. App. LEXIS 655 (Ill. App. Ct. Sept. 9, 2014), the Appellate Court of Illinois, First District, had occasion to consider whether...more

Insurance Recovery Law -- Oct 2014

Lack of Direct Contractual Relationship Doesn’t Doom Coverage - Why it matters: The companies involved in a workplace accident are additional insureds pursuant to a sub-subcontractor’s policy and the insurer...more

Federal OSHA Proposes to Take Over Enforcement of Construction Standards in Arizona

On August 21, 2014, the federal Occupational Safety and Health Administration (OSHA) proposed to revoke its approval of Arizona’s state occupational health and safety plan with respect to construction. If OSHA follows through...more

Ministry of Labour sued for hiring allegedly incompetent inspector

by Dentons on

The Ontario Ministry of Labour is facing a negligence suit by the lone survivor of the Christmas Eve, 2009 scaffold collapse that resulted in Metron Construction being fined $750,000.00 for safety violations....more

Alabama Supreme Court Reverses Course, Finds Insurance Coverage for Faulty Workmanship Claims

Companies such as homebuilders, construction companies and contractors face significant financial risk from bodily injury and property damage claims arising from allegedly faulty workmanship or construction defects. Although...more

Company fined $25,000 for operating electrical contracting business without license under Electricity Act after apprentice injured

by Dentons on

An electrical contractor has been convicted and fined for carrying on an electrical contracting business without being licensed under the Ontario Electricity Act. A young apprentice with the company was seriously...more

No Lawsuit for You! When Subcontractors Cannot Sue the General Contractor

Can a subcontractor sue a general contractor over a work site accident? A recent decision by the Pennsylvania Supreme Court loudly and clearly said, "NO." Why not? The court ruled in Patton v. Worthington Associations, Inc....more

Illinois Court Holds Insured Cannot Deselect Insurer In Connection With Underlying Settlement

In its recent decision in AMCO Ins. Co. v. Cincinnati Ins. Co., 2014 Ill. App. LEXIS 296 (May 5, 2014), the Appellate Court of Illinois, First District, had occasion to consider whether an insurer selected by an insured’s...more

Philadelphia Enacts New Laws Tightening Building and Demolition Regulations

by Cozen O'Connor on

In June 2013, a Philadelphia building undergoing demolition collapsed onto a neighboring building, killing six people and injuring 14. Philadelphia’s construction and demolition regulations were closely scrutinized in the...more

“CRASH!” What to Do After a Construction Site Accident

Unfortunately, construction site accidents are a reality that even the most careful of contractors and subcontractors may encounter. While the time immediately following an accident can be chaotic, keeping a level head and...more

Construction E-Note - October 2, 2013

by Burr & Forman on

In This Issue: - Burr Appellate Victory Featured in Constructor Magazine - Fifth Circuit Expected to Soon Rule on Constitutionality of Mississippi’s Stop Notice Statute - No Choice in the Matter - Government...more

$750K Fine For “Extreme” Criminal Negligence: “More Serious” Than OHSA Offences, Says Appeal Court In Metron Construction Fatality...

by Dentons on

A $200,000.00 fine was “manifestly unfit”, the Ontario Court of Appeal has ruled, in raising Metron Construction’s fine to $750,000 for criminal negligence after four workers died on Christmas Eve, 2009. The $200,000 fine...more

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