Preventive Maintenance Steps To Maximize Preparedness For Litigation And Crisis Management
Posted on Nov 30, 2014 in Construction, Energy/Environmental, Litigation, OSHA, Process Safety, Product Liability, Transportation, Workplace Safety | Comments Off on Preventive Maintenance Steps To Maximize Preparedness For Litigation And Crisis Management
As the year winds down, there is no better time to make sure that your company is as prepared as possible for future litigation and crisis management. Below is a quick checklist of 10 preventive maintenance steps you can take to maximize your preparedness. When conducting any of these steps, be cognizant of protecting privilege. Document the scope of reviews and clarify the purpose...
Where Safety Guard Removed, Insurer No Duty To Indemnify Employer For Injured Worker’s Suit
Posted on Nov 29, 2014 in Construction, Litigation | Comments Off on Where Safety Guard Removed, Insurer No Duty To Indemnify Employer For Injured Worker’s Suit
A worker in an Ohio manufacturing plant sustained serious injuries while clearing jammed materials from a machine. At some time prior to the incident, an unknown person at an unknown time bypassed an interlock device on the machine, which would have prevented the incident. The worker brought a lawsuit against his employer alleging claims under Ohio law, including a claim for...
Product Liability Claim Stemming From Alabama Mining Incident Dismissed On Statute Of Limitations Grounds
Posted on Nov 29, 2014 in Construction, Product Liability | Comments Off on Product Liability Claim Stemming From Alabama Mining Incident Dismissed On Statute Of Limitations Grounds
On August 15, 2011, a belt installer was injured at a mine in Alabama, allegedly because the boom drive jacks on the belt assembly malfunctioned, which caused the boom drive to fall on the worker. The Mine Safety and Health Administration was called to investigate the incident. The worker hired Attorney No. 1 to help with his workers’ compensation claim and the workers’...
Ammonia Release Causing Plant Shutdown Can Trigger Property Insurance Coverage According To New Jersey Federal Court
Posted on Nov 26, 2014 in Construction, Litigation | Comments Off on Ammonia Release Causing Plant Shutdown Can Trigger Property Insurance Coverage According To New Jersey Federal Court
While a New Jersey company was constructing a new juice packaging plant in Georgia, a release of anhydrous ammonia occurred during the start-up of the plant’s refrigeration system. The release severely burned a contractor’s employee and the plant owner made an insurance claim under a property insurance policy that covered “direct physical loss of or damage to”...
Subcontractor Not On Hook For Faulty LP Detector Following Fatality According To Fifth Circuit
Posted on Nov 25, 2014 in Construction, Litigation | Comments Off on Subcontractor Not On Hook For Faulty LP Detector Following Fatality According To Fifth Circuit
The Fifth Circuit recently decided an insurance-coverage dispute involving a contractor with the Federal Emergency Management Agency in the aftermath of Hurricanes Rita and Katrina and one of that contractor’s subcontractor hired to haul and install FEMA trailers. As part of the contractor-subcontractor agreement, the sub agreed to indemnify the contractor for any injuries...
Employer On Hook For Partial Disability Payments For Injured Worker Even After Discovering Immigration Issue
Posted on Nov 22, 2014 in Construction, Litigation | Comments Off on Employer On Hook For Partial Disability Payments For Injured Worker Even After Discovering Immigration Issue
Following an on-the-job injury for a construction company, a worker received total disability payments from the company. At the request of the company’s workers’ compensation insurance carrier, however, the company determined that the worker was an undocumented worker without a valid social security number. The employer terminated the employment and hired a doctor to...
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