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	<title>Construction Accident Attorneys Express</title>
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	<lastBuildDate>Mon, 12 Dec 2011 10:55:01 +0000</lastBuildDate>
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		<title>Insider Guide toHoliday Insurance</title>
		<link>http://construction-accident-attorneysexpress.com/insider-guide-toholiday-insurance/</link>
		<comments>http://construction-accident-attorneysexpress.com/insider-guide-toholiday-insurance/#comments</comments>
		<pubDate>Sat, 03 Dec 2011 10:54:46 +0000</pubDate>
		<dc:creator>Admin</dc:creator>
				<category><![CDATA[Accident Attorneys]]></category>

		<guid isPermaLink="false">http://construction-accident-attorneysexpress.com/?p=100</guid>
		<description><![CDATA[If you are considering holiday travel insurance coverage for you and your traveling companions, it is important to know what will and will not be covered in your policy. And whilst it is required that holiday insurance providers spell out clearly their terms and conditions, there are still some areas that may leave a trip ]]></description>
			<content:encoded><![CDATA[<p style="text-align: justify;">If you are considering holiday travel insurance coverage for you and your traveling companions, it is important to know what will and will not be covered in your policy. And whilst it is required that holiday insurance providers spell out clearly their terms and conditions, there are still some areas that may leave a trip insurance policy holder unclear if they are covered. Here are some common tips on looking at coverage and ensuring you are covered in the event a claim is necessary.</p>
<p style="text-align: justify;">Trip cancellation is one area that can leave a policyholder unsure. Standard reasons for being reimbursed for cancelling a trip include medical issues (sickness), hurricane, losing a job, and terrorist incident. Coverage is detailed in the Policy Certificate. If something is not explicitly listed, it will not be covered. If for some reason you fear having to cancel your trip due to something that is not listed in the Policy Certificate, you may opt for an additional rider that covers cancellation for any reason. This will result in a higher policy cost, but there may be circumstances where you or a traveling companion may end up backing out for no reason.<br />
Another area that can cause problems is with pre-existing medical conditions. A company can exclude a pre-existing medical condition. This is standard practice as it avoids someone purchase holiday insurance after becoming ill. In cases where a pre-existing condition is present, the holiday insurer must grant waiver, but you must take this step immediately after booking your holiday. You must be in good health at the time of policy purchase.<br />
Holiday insurance plans have coverage exclusions. Check the Policy Certificate to find the section titled General Policy Exclusions. This provides specific areas where the policy will not be in force. If you are taking an adventure holiday where more than average risk is involved, be sure to check this section as your activity may be specifically excluded.<br />
Keep all documentation and receipts for claim filing. This is crucial as a claim can be delayed or rejected outright if you do not have the required paperwork. If cancelling a trip for a medical reason you must provide a written doctor’s note. A runny nose that will make the trip less enjoyable is not valid! For overseas medical expenses, get all receipts and paperwork before you leave any medical facility or hospital. With these thoughts in mind you should be able to <a href="http://www.holidayinsurance.org/">find the right holiday insurance policy firm</a> and feel fully secure in your trip coverage.</p>
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		<title>The life insurance contract with a decease clause</title>
		<link>http://construction-accident-attorneysexpress.com/the-life-insurance-contract-with-a-decease-clause/</link>
		<comments>http://construction-accident-attorneysexpress.com/the-life-insurance-contract-with-a-decease-clause/#comments</comments>
		<pubDate>Fri, 18 Nov 2011 12:49:16 +0000</pubDate>
		<dc:creator>Admin</dc:creator>
				<category><![CDATA[Labor Law]]></category>

		<guid isPermaLink="false">http://construction-accident-attorneysexpress.com/?p=91</guid>
		<description><![CDATA[The complete life assurance providing businesses usually have different packages for their clients, but all of them must contain a clause for the decease of the insured person. In other words, the family of the insured person will receive an important sum of money in case the owner of the policy dies. However, the money ]]></description>
			<content:encoded><![CDATA[<p style="text-align: justify;">The <a href="http://www.wholelifeinsurance.net/" target="blank">complete life assurance providing businesses usually have different packages</a> for their clients, but all of them must contain a clause for the decease of the insured person. In other words, the family of the insured person will receive an important sum of money in case the owner of the policy dies. However, the money will be given to the rightful beneficiaries only if certain conditions are met. Let’s see the exclusion clauses of the <a href="http://www.wholelifeinsurance.net/whole-life-dividends.html" target="blank">whole life insurance contracts</a> (the cases when the insurance company will refuse the payments.</p>
<p style="text-align: justify;">The suicide clause – f this event happened within the first two years of the contract, the insurance rates will be reimbursed to the beneficiaries. If the event happens at least three years after the beginning of the contract, the beneficiaries will also receive the incomes generated by the policy.</p>
<p style="text-align: justify;">Besides the main beneficiary (the person entitled to compensations), a second beneficiary must be stated. This person will receive the compensations in case the main beneficiary is not able to claim those sums.</p>
<p style="text-align: justify;">Contract options</p>
<p style="text-align: justify;">The contract options can be stated in the contract, giving the possibility to the beneficiary to receive the compensations in other forms besides money. In case the owner of the contract wants to renounce it, there is the possibility for the beneficiary to become the owner of the policy in certain situations.</p>
<p style="text-align: justify;">In a life insurance policy, besides the main clauses of the contract, several supplementary clauses might be introduced. Those clauses are called addendums to the base contract, having the purpose of offering additional benefits to the owner for some small extra sums. Those clauses are valid for any of the insurance policy, and they are added to the main contract considering the age of the insured person, but also his payment behavior during the latest period. In some cases, several other discounts might apply.</p>
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		<title>Individual Health Insurance Covers For Maternity</title>
		<link>http://construction-accident-attorneysexpress.com/individual-health-insurance-covers-for-maternity/</link>
		<comments>http://construction-accident-attorneysexpress.com/individual-health-insurance-covers-for-maternity/#comments</comments>
		<pubDate>Tue, 15 Nov 2011 06:47:17 +0000</pubDate>
		<dc:creator>Admin</dc:creator>
				<category><![CDATA[Health Insurance]]></category>

		<guid isPermaLink="false">http://construction-accident-attorneysexpress.com/?p=95</guid>
		<description><![CDATA[Most insurance companies never used to provide individual health insurance coverage for maternity though the rise in demand for this coverage has prompted most insurance firms to introduce riders that give an option for expectant mothers to get individual health cover during labor and immediately after delivery. An important point to note when going for ]]></description>
			<content:encoded><![CDATA[<p style="text-align: justify;">Most insurance companies never used to provide individual health insurance coverage for maternity though the rise in demand for this coverage has prompted most insurance firms to introduce riders that give an option for expectant mothers to get individual health cover during labor and immediately after delivery. An important point to note when going for individual health insurance coverage for maternity is that the availability of this cover will depend on the state that one resides in as coverage is dependent on the state laws. Some states’ laws require that maternity coverage be provided for in all insurance plans while others do not thus making the insurance companies strike out maternity cover all together.</p>
<p style="text-align: justify;">Maternity coverage if acquired can be useful in offsetting expenses that an expectant mother may incur during and after labor. Individual health cover for maternity can also go a long way into covering any medical care that the infant and mother may require though this cover only lasts a few days after the baby’s delivery. Some of the other costs that the maternity coverage will take care of include; ultrasounds complications that may occur during pregnancy and even all lab examinations that will be carried out during pregnancy.</p>
<p style="text-align: justify;">When it comes to the time frame that maternity cover spans, you find that <a href="http://www.individualhealthinsurance.org/" target="blank">most organizations providing individual health maternity cover offer insurance for a waiting period of six months minimum</a> to about two years. When going for individual health insurance with maternity cover one needs to time his cover correctly since insurance companies do not foot any bills for pregnancy that occur outside the waiting period window.</p>
<p style="text-align: justify;">Another important point to note about <a href="http://www.individualhealthinsurance.org/Womens_Individual_Health_Insurance.html" target="blank">women individual health insurance coverage</a> is the cost. In most cases, you find that maternity coverage requires higher premiums and in most cases, this increases as the applicant increases the waiting period of the cover. Even though an individual may want to go for maternity cover it is important to note that application of this cover for an individual who is already pregnant has a higher chance of being turned down.</p>
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		<title>Comparing Renters Insurance Quotes</title>
		<link>http://construction-accident-attorneysexpress.com/comparing-renters-insurance-quotes/</link>
		<comments>http://construction-accident-attorneysexpress.com/comparing-renters-insurance-quotes/#comments</comments>
		<pubDate>Fri, 11 Nov 2011 11:07:19 +0000</pubDate>
		<dc:creator>Admin</dc:creator>
				<category><![CDATA[Health Insurance]]></category>

		<guid isPermaLink="false">http://construction-accident-attorneysexpress.com/?p=98</guid>
		<description><![CDATA[The use of the Internet for online transactions like banking and shopping has grown increasingly over the years. Buying renters insurance online has never been easier, and it can be done from the comfort of your own home or simply anywhere with a computer and an Internet connection. Not only is the buying process made ]]></description>
			<content:encoded><![CDATA[<p style="text-align: justify;">The use of the Internet for online transactions like banking and shopping has grown increasingly over the years. Buying renters insurance online has never been easier, and it can be done from the comfort of your own home or simply anywhere with a computer and an Internet connection. Not only is the buying process made easy with the Internet, but with a few clicks of your mouse, you can do comparison shopping online before you actually purchase renters insurance.</p>
<p style="text-align: justify;">Before anything else, you should first understand what renters insurance is. Renters insurance is a type of insurance coverage that protects both the renter and their property from financial loss in certain circumstances. It is an optional policy that many renters are not even aware of. In the event of a fire, a break-in, or just a leaky pipe, renters insurance will pay you back for your financial loses and provides liability protection at the same time.</p>
<p style="text-align: justify;">Finding renters insurance online will save you a lot of time and effort compared to doing it the old-fashion way. You can easily gather <a href="http://www.rentersinsurance.net/free-online-renters-insurance-quotes.html" target="blank">free online renters insurance quotes</a> from many different insurance companies to do a careful comparison of what is available before making your final decision. With online comparison sites, you can easily get an estimated rate of the renters insurance you are planning to buy or a guaranteed quote if you provide a more detailed analysis of what you need. By getting free quotes, you can not only compare the different range of prices they offer, but their different coverage as well.</p>
<p style="text-align: justify;">If you choose to get an insurance quote from only one company, you may not be aware of how much cheaper the premium being offered by other insurance companies is, and end up overpaying. Besides the price, what you want to insure with your renters insurance may not be covered if you do not compare the insurance coverage with other policies offered in the market. By collecting renters insurance quotes, you can get a clear view of the entire picture and lower risks of investing in the wrong company.</p>
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		<title>Global Life and Accident Insurance Company, Accidental Death</title>
		<link>http://construction-accident-attorneysexpress.com/global-life-and-accident-insurance-company-accidental-death/</link>
		<comments>http://construction-accident-attorneysexpress.com/global-life-and-accident-insurance-company-accidental-death/#comments</comments>
		<pubDate>Mon, 10 Jan 2011 13:06:51 +0000</pubDate>
		<dc:creator>Admin</dc:creator>
				<category><![CDATA[Accident Insurance]]></category>
		<category><![CDATA[Accident Insurance Company]]></category>
		<category><![CDATA[Accidental Death]]></category>
		<category><![CDATA[Insurance Company]]></category>

		<guid isPermaLink="false">http://construction-accident-attorneysexpress.com/?p=57</guid>
		<description><![CDATA[Unfortunately, death is something that occurs every single day. In America, one individual will die of an accidental death every five minutes. Because this is statistical proof, you may be considering purchasing life insurance for you and your loved ones. It is important to remember that it is better to be safe than sorry. Insurance ]]></description>
			<content:encoded><![CDATA[<p><a href="http://construction-accident-attorneysexpress.com/wp-content/uploads/2011/01/life-insurance.gif"><img src="http://construction-accident-attorneysexpress.com/wp-content/uploads/2011/01/life-insurance.gif" alt="" title="life-insurance" width="495" height="335" class="alignleft size-full wp-image-58" /></a>
<p align="justify">Unfortunately, death is something that occurs every single day. In   America, one individual will die of an accidental death every five   minutes. Because this is statistical proof, you may be considering   purchasing life insurance for you and your loved ones. It is important   to remember that it is better to be safe than sorry. Insurance plans are   designed specifically with you and your family’s best interest at   heart. If something accidental were to happen, you wouldn’t want your   family to be left with sky-rocketing high bills and expenses.</p>
<p align="justify">The Global Life and Accident Insurance company offers high quality   life insurance for Americans. If you are between the ages of 18 and 69   years old, the Global Life and Accident Insurance company will   automatically accept you into their insurance plan. What exactly will   this life insurance policy cover? Well, if you were to pass away of an   accidental death, there would be enough life insurance money to cover   several expenses. Those expenses include the cost of a funeral and other   debts that may have been left behind.</p>
<p align="justify">With the accidental insurance, you can actually have up to $250,000   worth of coverage. One of the best things about the Global Life and   Accident Insurance Company is that you do not have to have a medical   exam in order to join this insurance. You also do not have to fill out   long and tedious forms to be on this insurance plan. Someone from the   company will even be able to work with you in order to pick the perfect   affordable amount for you to pay. They will be able to work with your   budget. It may seem unnecessary, but you never know what can happen. Be   sure to check out your options and find the most affordable rate for you   and your family.</p>
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		<title>Construction Accident Lawyer Indianapolis- Your Indiana Construction Accident Lawyer</title>
		<link>http://construction-accident-attorneysexpress.com/construction-accident-lawyer-indianapolis-your-indiana-construction-accident-lawyer/</link>
		<comments>http://construction-accident-attorneysexpress.com/construction-accident-lawyer-indianapolis-your-indiana-construction-accident-lawyer/#comments</comments>
		<pubDate>Wed, 15 Dec 2010 11:52:33 +0000</pubDate>
		<dc:creator>Admin</dc:creator>
				<category><![CDATA[Accident Insurance]]></category>

		<guid isPermaLink="false">http://construction-accident-attorneysexpress.com/?p=52</guid>
		<description><![CDATA[No one likes having to consult with a Indiana personal injury lawyer after a construction accident.  All of my clients begin a conversation at their FREE INITIAL CASE CONSULTATION by explaining that they are not the kind of person who would ever sue someone, but they are not being treated fairly by either the workers ]]></description>
			<content:encoded><![CDATA[<p><a href="http://construction-accident-attorneysexpress.com/wp-content/uploads/2011/01/500_1188322395_lawyer_ca.jpg"><img src="http://construction-accident-attorneysexpress.com/wp-content/uploads/2011/01/500_1188322395_lawyer_ca.jpg" alt="" title="500_1188322395_lawyer_ca" width="500" height="285" class="alignleft size-full wp-image-53" /></a>
<p align="justify">No one likes having to consult with a Indiana personal injury lawyer   after a construction accident.  All of my clients begin a conversation   at their FREE INITIAL CASE CONSULTATION by   explaining that they are not the kind of person who would ever sue   someone, but they are not being treated fairly by either the workers   compensation insurance Company or their employer, are more likely,   both.  It is for this reason that injured Indiana construction workers   and their families come to us, and come to trust us.  We represent   injured and wrongfully killed in iron workers, electricians, masons,   laborers, carpenters and painters who were injured in a construction job   site from falls, trench collapses, scaffolds, ladders, electricity and   cranes.</p>
<p align="justify">
  Although our Indiana construction accident law   firm is located in Indianapolis, we represent skilled throughout the   State, including the major metropolitan areas of Fort Wayne, Evansville,   South Bend and Terre Haute.
</p>
<p align="justify">We also realize that lawyers are   expensive, so we have eliminated every upfront cost and expense.  There   is no cost for the case evaluation, and there is never a fee unless   there is a recovery.  We also realize that seriously injured   construction workers may be unable to travel, so we are happy to come to   you, again without any cost or obligation.  We do not take most cases,   and if we are unable to help you, we will be certain to recommend any   attorneys we feel may be able to help.  Many injured Indiana   construction accident workers have left hundreds of thousands of dollars   in the hands of General contractors insurance companies, rather than   making a free call to your Indiana construction accident lawyer.  Please do not make that mistake.</p>
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		<title>Labor Law 240(1): Let the Good Times Roll</title>
		<link>http://construction-accident-attorneysexpress.com/labor-law-2401-let-the-good-times-roll/</link>
		<comments>http://construction-accident-attorneysexpress.com/labor-law-2401-let-the-good-times-roll/#comments</comments>
		<pubDate>Fri, 05 Nov 2010 11:15:42 +0000</pubDate>
		<dc:creator>Admin</dc:creator>
				<category><![CDATA[Labor Law]]></category>
		<category><![CDATA[construction accident]]></category>
		<category><![CDATA[construction site]]></category>
		<category><![CDATA[falling object]]></category>
		<category><![CDATA[Judge Battaglia]]></category>
		<category><![CDATA[Kings County Supreme Court]]></category>
		<category><![CDATA[Maximin v. 26-26 Jackson Ave.]]></category>
		<category><![CDATA[New York Labor Law 240(1)]]></category>
		<category><![CDATA[Runner v. NY Stock Exch.]]></category>
		<category><![CDATA[Scaffold Law]]></category>

		<guid isPermaLink="false">http://construction-accident-attorneysexpress.com/?p=43</guid>
		<description><![CDATA[Well, maybe this isn&#8217;t the best title for a post analyzing a construction accident case involving an injured worker. But the reason for the title is that, in recent months, there have been a spate of good decisions–really good, in fact–interpreting Labor Law 240(1), the Scaffold Law. And this is a very good thing for construction ]]></description>
			<content:encoded><![CDATA[<p><a href="http://construction-accident-attorneysexpress.com/wp-content/uploads/2011/01/2007-10-recht02.jpg"><img src="http://construction-accident-attorneysexpress.com/wp-content/uploads/2011/01/2007-10-recht02.jpg" alt="" title="2007-10-recht02" width="496" height="243" class="alignleft size-full wp-image-44" /></a>
<p align="justify">Well, maybe this isn&rsquo;t the best title for a post analyzing a   construction accident case involving an injured worker. But the reason   for the title is that, in recent months, there have been a spate of good   decisions–really good, in fact–interpreting Labor Law 240(1), the   Scaffold Law.</p>
<p align="justify">And this is a very good thing for construction workers, who have just about the most dangerous jobs that exist.</p>
<p align="justify">The most recent Labor Law decision of note that I&rsquo;ve come across is   Maximin v. 26-26 Jackson Ave., LLC, 2010 NY Slip Op 50330U, issued on   Mar. 5, 2010 by Judge Battaglia of the Kings County Supreme Court,   who seems to regularly crank out one construction accident decision   after another.</p>
<p align="justify">The plaintiff was injured at a construction site when a concrete   cinder block fell from above and struck his back. The block had   previously been hoisted four stories above where it was stacked on top   of other blocks.</p>
<p align="justify">What is significant about the decision is that it held that &rdquo;falling   object&rdquo; liability is not limited to objects that are in the process of   being hoisted or secured.  Rather, the object simply must have required   securing, which entails an examination of whether it presents a   foreseeable elevation risk in light of the work being performed.</p>
<p align="justify">In the accident, the force of gravity was applied to the block   causing it to fall and injure the plaintiff. Further, there was a   foreseeable risk that it would fall, thus establishing that the block   &ldquo;was part of a load that required securing.&rdquo; Not only that, but   proximate cause was established — an important element in all Labor Law   cases — because the block fell due to the absence of a safety device of   the kind enumerated in the statute.</p>
<p align="justify">In short, &ldquo;the blocks were required to be secured in a manner that   would have prevented a cinder block from falling down the shaft.&rdquo;</p>
<p align="justify">Thus, the defense&rsquo;s &ldquo;primary contention&rdquo; that section 240(1) &rdquo;only   protects workers against objects that fall while being hoisted or   secured&rdquo; failed.  </p>
<p align="justify">Of note, the decision cited the Runner v. NY Stock Exch.,   Inc. decision issued by the Court of Appeals in Dec. 2009 that greatly   expanded section 240(1). Click <a href="#">here</a> to see a discussion of that case.</p>
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		<title>Court of Appeals Decision Defines Who is a Liable Party in a Construction Accident Lawsuit</title>
		<link>http://construction-accident-attorneysexpress.com/court-of-appeals-decision-defines-who-is-a-liable-party-in-a-construction-accident-lawsuit/</link>
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		<pubDate>Sat, 02 Oct 2010 11:08:21 +0000</pubDate>
		<dc:creator>Admin</dc:creator>
				<category><![CDATA[Labor Law]]></category>
		<category><![CDATA[Bowles v. Clean harbors Environmental Services]]></category>
		<category><![CDATA[construction accident]]></category>
		<category><![CDATA[contractor]]></category>
		<category><![CDATA[Court of Appeals]]></category>
		<category><![CDATA[Inc.]]></category>
		<category><![CDATA[Labor Law 240(1)]]></category>
		<category><![CDATA[Labor Law 241(6)]]></category>
		<category><![CDATA[owner's agent]]></category>

		<guid isPermaLink="false">http://construction-accident-attorneysexpress.com/?p=36</guid>
		<description><![CDATA[Less than a week ago, the Court of Appeals decided a Labor Law case in which it defined the circumstances under which a contractor or agent of the owner may be liable for damages to an injured worker. The decision, Bowles v. Clean Harbors Environmental Services, Inc., while not groundbreaking, is useful because it reiterates what role ]]></description>
			<content:encoded><![CDATA[<p align="justify">Less than a week ago, the Court of Appeals decided a Labor Law case   in which it defined the circumstances under which a contractor or agent   of the owner may be liable for damages to an injured worker.</p>
<p align="justify">The decision, <em>Bowles v. Clean Harbors Environmental Services, Inc., </em>while not   groundbreaking, is useful because it reiterates what role contractors   and agents must have at a construction site in order to be liable under   the Labor Law when there is a construction accident.</p>
<blockquote>
<p align="justify">To be found liable as a contractor, a defendant must have   been granted the power to enforce safety standards and hire   subcontractors.  Liability premised on a defendant acting as an owner&rsquo;s   agent requires that the defendant have authority to supervise and   control the activity which brought about the injury.</p>
</blockquote>
<p align="justify">All too often, plaintiff&rsquo;s attorneys ignore these standards,   operating under the assumption that if a contractor is involved with the   work, or higher up in the chain of command than the injured worker and   his company, it is liable. But, as set forth by the Court of Appeals,   that isn&rsquo;t so.</p>
<p align="justify">In the case, the defendant company was hired to clean chemical   storage tanks located at a facility owned by Schenectady International,   Inc. (&ldquo;SI&rdquo;). Before the cleaning could begin, however, an SI safety   policy required that SI first inspect the air quality and issue a   confined space permit. The plaintiff, an employee of SI, was using a   ladder that had been propped up against a tank in order to check the air   quality, when the ladder suddenly kicked out from underneath him and he   fell 10 feet to the ground below.</p>
<p align="justify">Because the defendant was hired for the limited purpose of cleaning   the tanks, and could not commence cleaning the tanks until the permit   was issued, it was not liable for the reason that it did not have   authority or control over how SI conducted its confined space   inspection, nor could it enforce safety standards in connection   therewith.</p>
<p align="justify">The defendant, therefore, was properly awarded summary judgment on   the grounds that it was not considered to be a contractor or owner&rsquo;s   agent to be liable under Labor Law 240(1) or 241(6).</p>
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		<title>New York Court Rules When Safety Consultants Are Liable for Construction Accidents</title>
		<link>http://construction-accident-attorneysexpress.com/new-york-court-rules-when-safety-consultants-are-liable-for-construction-accidents/</link>
		<comments>http://construction-accident-attorneysexpress.com/new-york-court-rules-when-safety-consultants-are-liable-for-construction-accidents/#comments</comments>
		<pubDate>Wed, 15 Sep 2010 10:59:27 +0000</pubDate>
		<dc:creator>Admin</dc:creator>
				<category><![CDATA[Labor Law]]></category>
		<category><![CDATA[construction accident]]></category>
		<category><![CDATA[construction manager]]></category>
		<category><![CDATA[construction site]]></category>
		<category><![CDATA[direction]]></category>
		<category><![CDATA[general contractor]]></category>
		<category><![CDATA[safety consultant]]></category>
		<category><![CDATA[supervision]]></category>

		<guid isPermaLink="false">http://construction-accident-attorneysexpress.com/?p=31</guid>
		<description><![CDATA[When is a construction site safety consultant liable under the Labor Law when there is a construction accident and a worker is injured? The New York Supreme Court took up this issue on April 8, 2010 in Gaspar v. LC Main LLC, 113198/07. The general contractor had contracted with a company, Pro Safety, to be the project ]]></description>
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<p style="text-align: justify;">When is a construction site safety consultant liable under the Labor  Law when there is a construction accident and a worker is injured?</p>
<p style="text-align: justify;">The New York Supreme Court took up this issue on April 8, 2010 in <em>Gaspar v. LC Main LLC</em>,  113198/07. The general contractor had contracted with a company, Pro  Safety, to be the project safety consultant. Among other things, it had  a contractual duty to daily monitor the site to identify safety hazards.</p>
<p style="text-align: justify;">The plaintiff was injured while using a saw that he claimed had a broken blade guard.</p>
<p style="text-align: justify;">He testified that he did not receive direction or supervision from  anyone other than his employer, a subcontractor at the site.  Pro Safety  did not supervise or control the work that was performed, but it did  have the authority to stop the work if it posed a threat to the safety  of a worker.</p>
<p style="text-align: justify;">The court cited <em>Buccini v. 1568 Broadway Assoc.</em>, 250 AD2d 466 (1<sup>st</sup> Dept. 1998) for the proposition that a construction manager, who  observes the work and reports safety violations to a contractor, does  not become responsible for injuries arising from a construction accident  that are due to a dangerous condition arising from the contractor’s  negligent methods.</p>
<p style="text-align: justify;">The court also laid out the circumstances under which a safety  consultant will be liable:  (a) if it supplied safety equipment at the  site; (b) directed, supervised or controlled plaintiff and his coworkers  in the performance of their duties; or (c) if there is evidence that it  acted negligently as the site safety consultant.</p>
<p style="text-align: justify;">The plaintiff was out of luck on his Labor Law 200 cause of action, but the court did allow him to proceed on his 241(6) claim.</p>
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		<title>Misconceptions of Construction Accident Attorneys Concerning Labor Law 200</title>
		<link>http://construction-accident-attorneysexpress.com/misconceptions-of-construction-accident-attorneys-concerning-labor-law-200/</link>
		<comments>http://construction-accident-attorneysexpress.com/misconceptions-of-construction-accident-attorneys-concerning-labor-law-200/#comments</comments>
		<pubDate>Sun, 08 Aug 2010 10:55:28 +0000</pubDate>
		<dc:creator>Admin</dc:creator>
				<category><![CDATA[Labor Law]]></category>

		<guid isPermaLink="false">http://construction-accident-attorneysexpress.com/?p=26</guid>
		<description><![CDATA[It is a misconception among many construction accident attorneys that, in order for liability under Labor Law 200 to attach, the defendant must have given directions or instructions for the work that caused the injury. Not so, and an example of this is the 2007 case from the First Department, Hughes v. Tishman Cosntruction Corp., 40 ]]></description>
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<p style="text-align: justify;">It is a misconception among many construction accident attorneys  that, in order for liability under Labor Law 200 to attach, the  defendant must have given directions or instructions for the work that  caused the injury.</p>
<p style="text-align: justify;">Not so, and an example of this is the 2007 case from the First Department, Hughes v. Tishman Cosntruction Corp., 40 A.D.3d 305.</p>
<p style="text-align: justify;">Rather, the defendant must have “the authority to control the  activity bringing about the injury to enable it to avoid or correct an  unsafe condition.”  It is much easier to prove that the defendant had  the authority to control the activity, as opposed to having actually  directed it to occur.</p>
<p style="text-align: justify;">Yet, the defendant must possess more than just general supervisory  authority. Rather, “it must be demonstrated that the contractor  controlled the manner in which the plaintiff performed his or her work,  i.e., how the injury-producing work was performed.”</p>
<p style="text-align: justify;">In this case, the contractor oversaw the schedule of the work,  conformance with plans, and told workers to “hurry up.” It was held not  liable under Labor Law 200.</p>
<p style="text-align: justify;">Moreover, even if the contractor had seen ”something that he didn’t  think was right,” and “would tell them to change it,” it still wouldn’t  rise to the level of supervision and control required under section 200.  Nor would the authority to stop work for safety reasons result in  liability.</p>
<p style="text-align: justify;">It’s important for construction accident lawyers to understand these  nuances in the Labor Law. I went to trial in a case where the other  sections of the Labor Law (240 and 241) were dismissed and we actually  won on the 200 claim, a comparative rarity.</p>
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