News & Analysis as of

Subcontractors Workplace Injury

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

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

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

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

Rivkin Radler LLP

New York Insurance Coverage Law Update - April 27 2023

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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

Parker Poe Adams & Bernstein LLP

OSHA Continues to Cite General Contractors for Subcontractors' Safety Violations

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

Rivkin Radler LLP

New York Insurance Coverage Law Update - October 2021

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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

Porter Hedges LLP

The Texas Supreme Court Clarifies The Scope Of The General Contractor’s Duty Of Care To Subcontractor Employees

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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

Rivkin Radler LLP

New York Insurance Coverage Law Update - April 2021

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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

Bracewell LLP

Texas Supreme Court Clarifies Scope of Property Owners' Statutory Protections

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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

Parker Poe Adams & Bernstein LLP

North Carolina OSHA Continues to Issue Multiemployer Worksite Citations

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

Laner Muchin, Ltd.

Occupational Safety & Health Review Commission Provides Guideposts For Avoiding “Controlling” Employer Liability On Multi-Employer...

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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

Snell & Wilmer

Legal Accountability and Construction Accidents: Investigating, Reporting and Engaging Outside Counsel

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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

Fisher Phillips

Concussions Aren’t Just a Risk for NFL Players: Hardhats versus Safety Helmets.

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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

Searcy Denney Scarola Barnhart & Shipley

Construction Sites - Hazards to the Public

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

Kilpatrick

New Standard in Texas as to When a General Contractor can Assert a Statutory Employer Defense?

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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

Haight Brown & Bonesteel LLP

Court of Appeal Confirms Privette Doctrine as Applied to Passive Conduct of Property Owner

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

Harris Beach PLLC

Can a CCIP Provide Workers' Compensation Immunity for Claims by Injured Employees of Subcontractors?

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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

Bradley Arant Boult Cummings LLP

The Importance of Maintaining a Safe Construction Site

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

Burr & Forman

Employee or independent contractor? Right to control is key

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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

Jones Day

General Contractors' Workers' Compensation Plan Bars Personal Injury Claims Against Subcontractor

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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

Fisher Phillips

Employers Beware: Indiana Supreme Court Expands the Scope of the “Duty of Care” Owed to a Subcontractor’s Employees

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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

Pullman & Comley, LLC

Appellate Court Notes

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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

Gray Reed

Your MSA is in Place – Now What?

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Are you an operator who hires contractors on location, … a contractor who hires subcontractors, … the party to be indemnified for injuries to the other party’s employees? This post is for you. Salas v. Allen Keller...more

Manatt, Phelps & Phillips, LLP

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

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