News & Analysis as of

Workplace Injury Liability

Marshall Dennehey

Appellate Division Finds That Compulsion in an Activity Could Render It a Non-social or Recreational Activity

Marshall Dennehey on

Terhune v. Port Auth. of N.Y. & N.J., No. A-3206-22 (May 8, 2024) - The petitioner had worked for the respondent since 2007. On December 14, 2013, he reported for mandatory snow duty and as  a result, he had to stay at the...more

Weber Gallagher Simpson Stapleton Fires &...

New York Workers' Compensation Ruling Roundup - March 2024

On March 21, the 3rd Department delivered four new rulings. Learn more below. Kaminski v. Integrated Structures, CV-22-2295 (3rd Dept. 3/21/24) - The Appellate Division affirmed the Board’s decision to deny a carrier’s 2nd...more

Sherman & Howard L.L.C.

TikTok Must Face the Music – Control Over Independent Contractors Creates Potential Liability For Mental Harm Caused by Content...

TikTok’s use of “independent contractors” to review potentially problematic content will not protect the company from possible liability for the “psychological injury” that work is alleged to have caused. If anything, it may...more

Rivkin Radler LLP

Can You Be Sued if a Worker is Injured on Your Property?

Rivkin Radler LLP on

It is important to note that if a contractor or worker gets injured on your job, you may be held legally responsible. Springtime not only brings warmer weather, luscious greenery, and colorful flowers to Long Island, but...more

Hinshaw & Culbertson LLP

[Webinar] Executive Director Legal Pitfalls – The Defense Attorney Perspective - January 26th, 1:30 pm - 2:30 pm PT

Hinshaw & Culbertson LLP on

As an assisted living Executive Director (ED), you are charged with minimizing risk and preventing legal liability. But in practical terms, do you understand the legal framework that affects your day-to-day decisions? Join...more

Proskauer - California Employment Law

Hirer Of Independent Contractor Is Not Liable For Injury To Contractor’s Employee

Miller v. Roseville Lodge No. 1293, 83 Cal. App. 5th 825 (2022) - Roseville Lodge No. 1293, Loyal Order of Moose, Inc., hired Charlie Gelatini to move an ATM on its premises. Ricky Lee Miller, Jr., who worked for Gelatini...more

Gray Reed

Texas Court Addresses MSA Indemnity Obligations

Gray Reed on

At issue in RKI Exploration and Production LLC v. AmeriFlow Energy Services LLC and Crescent Services, LLC. were two Master Service Agreements.  RKI was the operator of a well in Loving County; AmeriFlow and Crescent were...more

K&L Gates LLP

COVID-19: Proposed SAFE TO WORK Act Would Provide Businesses Broad COVID-19 Liability Protections

K&L Gates LLP on

As Congress continues to discuss the next coronavirus (COVID-19) stimulus package, one bill in particular has become a flash point in the negotiations: the SAFE TO WORK Act, which would provide far-reaching liability...more

Carlton Fields

New York’s Highest Court Holds Untimely Disclosure Is Not an Untimely Disclaimer

Carlton Fields on

The defendant, Preferred Contractors Insurance Company Risk Retention Group LLC (PCIC), is a risk retention group charted in Montana and doing business in New York. PCIC issued a CGL policy naming defendant Nadkos Inc. as an...more

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