Download or read book Liability and the Injured Worker in the Construction Process written by James Edward Koch and published by . This book was released on 1984 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Construction Accident Law written by Marc M. Schneier and published by American Bar Association. This book was released on 1999 with total page 742 pages. Available in PDF, EPUB and Kindle. Book excerpt: Twenty years ago, there were 2500 lawyers in China, basically no legal system, and law schools and law libraries had either been closed or destroyed. It was one of the poorest countries in the world with an adult literacy rate of one-third. Today, illiteracy has dropped to below 10 per cent, consumption has more than doubled, and China has exploded as a major economic force in the global community, with the USA alone investing billions of dollars, aside from pursuing an increasing number of untapped markets. Now with more than 100,000 lawyers and mandated Rule of Law, China has enacted a multitude of new laws, regulations, and orders that must be understood if one wants to do any kind of foreign investment or trade in that country. This work is a guide to the complex laws of China. It opens with a survey of the historical development of China's contemporary legal system, and provides a summary of Chinese legislative and regulatory institutions and their functions. It also gives an overview of the judiciary and the many forces affecting China's evolving legal system.

Download or read book Workers Compensation Subrogation In All 50 States Fifth Edition written by Gary L. Wickert and published by Juris Publishing, Inc.. This book was released on 2012-04-01 with total page 1616 pages. Available in PDF, EPUB and Kindle. Book excerpt: Workers' compensation subrogation continues to change and adapt, as trial lawyers prod its weak points and capitalize on confusing areas of the law. There have been numerous changes in workers' compensation statutes and case law in many states since the last edition. This edition includes an exhausting survey and detailed explanation of the crazy status of employer contribution in Illinois, which includes a step-by-step exposition of how contractual indemnity and the "Kotecki cap" play a role in expanded employer liability in Illinois workers' compensation subrogation cases. It covers the many nuances of Naig and Reverse-Naig settlements under Minnesota law, including an analysis of who has what burdens of proof and the effect such a settlement has on the remaining third-party case tried to a jury. In light of the landmark Missouri Court of Appeals decision in Robinson v. Hooker, the liability of co-employees in Missouri and surrounding states have been covered in greater detail. The concept of co-employee liability for acts which are intentional or committed outside of the course and scope of employment has been added in several states. New case law and explanations were added to the Texas chapter with regard to subrogating against UM/UIM policies, including arguments with regard to the efficacy of UM/UIM exclusionary policy language and the ability to subrogate against a UM/UIM policy actually issued by the same carrier insuring for workers' compensation coverage. West Virginia completely revised their subrogation statute and created a new statute relating to the "statutory employer" status of primary contractors and subcontractors on construction sites, limiting when and how primary contractors can become legitimate third parties for purposes of subrogation. Chapter 7, "Contractual Limitations to Subrogation" has been completely overhauled to include new statutes and case law for every state to assist practitioners in determining the law applicable when there is an alleged applicable waiver of subrogation which might otherwise destroy subrogation. A new Chapter 12 has been added, which focuses on jurisdiction of workers' compensation third-party actions taking a broad look at 28 U.S.C. § 1441, which prohibits removal of cases "arising under" state workers' compensation laws. A carrier now has the ability to prevent cases from being removed from favorable venues in state court to less favorable federal court venues - an attractive option for plaintiffs' attorneys with whom subrogated carriers can negotiate with for stipulations and concessions on their subrogation interests in exchange for maintaining a case in state court. This edition also expands on which states do and do not hold workers' compensation to be primary. Combined with more than 100 new case decisions, this Fifth Edition is the most complete and up-to-date edition yet. Workers' Compensation Subrogation is the most complete and thorough treatise covering workers' compensation subrogation ever published. There are very few areas in which the laws of each state vary more and are applied as differently, then in the area of workers' compensation subrogation. This book is intended to introduce the workers' compensation claims handler, in-house counsel, and subrogation professionals to some of the more esoteric and complex subrogation issues encountered in today's workers' compensation insurance subrogation marketplace. It covers the following issues in all 50 states: • Allocating Third Party Recoveries • Attorney's Fees • Borrowed Servant Doctrine • Conversion of Workers' Compensation Liens • Costs and Expenses • Dual Capacity Doctrine • Equitable Subrogation/Contribution • Exclusivity Rule Barring Action Against Employer • How To Calculate Your Credit/Advance and How It Is Applied In Each State • Intentional Acts • Joint Ventures • Made Whole Doctrine As Applied To Workers' Compensation Subrogation • Necessity of Intervention • Lien Reduction Statutes • Staff Leasing Services and Temporary Employment Agencies • Statutory Subrogation Rights • Subrogating Against UM/UIM Benefits • Subrogating In Medical Malpractice Cases • Subrogating In Legal Malpractice Cases • Waivers of Subrogation • Who Qualifies As A Third Party • Other Workers' Compensation Subrogation-Related Issues In addition to being an excellent primer on workers' compensation subrogation, suitable for both the new subrogation professional and the seasoned veteran, the book also contains a detailed synopsis of the workers' compensation subrogation laws in each of the 50 states. It is a must for anyone with multi-state subrogation responsibilities. Complete with diagrams, references and thousands of footnotes, this is the most ambitious workers' compensation subrogation project ever undertaken. The following issues and topics are covered in detail for each of the 50 states: Statutory Subrogation Rights • Identifies the statutory authority for workers' compensation subrogation in that state. • Discusses the purpose/legislative intent of the statute. • Is an election necessary by the worker? • Who can bring a third party action (plaintiff, carrier, employer, or all of the above)? • When and must a third party action be brought? • What are the rights of a carrier to intervene in an existing third party action filed by a worker? • Will a worker's compensation carrier's subrogation interest be barred if not brought timely? Third Parties • Who can be sued as third parties in a third party action? • Can a co-employee be sued and under what circumstances? • Can an uninsured/underinsured carrier be a "third party" under the laws of that state? • Is there a dual capacity or borrowed servant doctrine which somehow affects the ability of a worker's compensation carrier to effectively subrogate? • What is the state's workers' compensation bar? • Are there any specific restrictions regarding subrogation against a subcontractor or an employee of a subcontractor in a construction situation? • Under what circumstances can the employer be sued? • Can a carrier subrogate to the benefits of a recovery in a legal or medical malpractice action? Allocation of Third Party Recovery • How and when does the carrier recover its subrogated interest? • Does the carrier recover past benefits only or also the present value of future benefits which it owes under the Workers' Compensation Act of that state? • Is there a formula used to determine how a third party recovery is allocated? • What happens to the total recovery and how is it applied? • Can a carrier recover benefits paid by a third party or recovered in a third party action which relate to loss of consortium, or non-economic damages such as pain and suffering, mental anguish, or punitive damages? • Does the employer's negligence reduce the recovery by the worker or carrier? Attorneys' Fees/Costs • Can the plaintiff's attorney recover attorneys' fees and/or costs out of the carrier's subrogated recovery and under what circumstances? • How are attorneys' fees and costs handled if the carrier is also represented by subrogation counsel, intervenes into the third party action and actively represents its interest? • What if the carrier isn't represented? • Can a plaintiff's attorney recover attorneys' fees based on the value of past benefits only or will he be able to recover attorneys' fees based on the future benefits/credit recovered by the carrier? • Must a carrier bear its proportionate share of expenses as many states require, and what does that really mean? Credit/Advance • Can a carrier take a vacation from paying workers' compensation benefits once a worker makes a third party recovery? • How is the credit calculated under state law? • Does the carrier have to do anything special to obtain the credit, such as filing with the Workers' Compensation Commission? • Does the carrier get a credit toward future compensation benefits it owes or does it actually get to collect the present value of the future benefits it owes and still be obligated to pay the scheduled benefits in the future? Statutes of Limitation • What are the applicable statutes of limitation or statutes of repose that may be applicable to third party subrogation actions? Related Subrogation Issues • Are there any other issues or statutes which affect a worker's compensation carrier's right of subrogation, such as the made whole doctrine, common fund doctrine, or anti-subrogation statutes? • Are there any lien reduction statutes, such as those existing in Indiana, which affect a worker's compensation carrier's right of recovery? • Does the state have any no-fault laws which complicate workers' compensation subrogation involving an automobile accident, such as exist in Michigan and Colorado? • What are the carrier's options if the worker and his attorney simply refuse to repay a worker's compensation carrier's lien after settling a third party action? • If the worker fails to repay the carrier, is there a cause of action for conversion of a carrier's subrogation interest or may the carrier still proceed against the third party tortfeasor to recover its subrogation interest?

Download or read book Worker Injury Third Party Cases written by Vincent A. Gallagher and published by Bernan Press. This book was released on 2017-06-22 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: Worker Injury Third Party Cases: Recognizing and Proving Liability is meant to be a practical resource to help lawyers and others identify viable third party theories of liability in worker injury cases. It helps attorneys make what is perhaps their most important economic decision – knowing when to accept and when to reject a new case. It serves as a practical resource by providing many lists of discovery requests and questions for deposition and cross examination of defendants and experts which can be of use in a wide variety of worker injury cases.

Download or read book Employers Liability and Workers Compensation written by Ken Oliphant and published by Walter de Gruyter. This book was released on 2012-10-30 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt: This large-scale comparative study analyses the two principal mechanisms employed in modern legal systems to deal with the social problem of occupational illness and injury, namely, employers' liability and workers' compensation. It provides a detailed description of the systems in operation in twelve countries around the world, investigating the complex legal structures and the interaction with other social institutions, as well as their inter-jurisdictional coordination through private international law. Current international trends are identified and assessed and the fundamental political issues highlighted and explored. The study's ultimate goals are not only descriptive but also to answer the question of how compensation and liability systems can best be adapted to meet society's needs in the 21st century. The countries covered are: Australia (Mark Lunney), Austria (Ernst Karner/Felix Kernbichler), Denmark (Vibe Ulfbeck), England and Wales (Richard Lewis), France (Florence G'Sell/Isabelle Veillard), Germany (Raimund Waltermann), Italy (Alessandro P Scarso/Massimo Foglia), Japan (Keizo Yamamoto/Tomohiro Yoshimasa), the Netherlands (Siewert D Lindenbergh), Poland (Domenika Dörre-Nowak), Romania (Christian Alunaru/Lucian Bojin) and the United States of America (Michael D Green/Daniel S Murdock). The book is completed by three concluding essays that address general themes: Thomas Thiede, The European Coordination of Employers' Liability and Workers' Compensation Ken Oliphant, The Changing Landscape of Work Injury Claims: Challenges for Employers' Liability and Workers' Compensation Gerhard Wagner, New Perspectives on Employers' Liability - Basic Policy Issues

Download or read book Construction Safety Management written by Raymond E. Levitt and published by McGraw-Hill Companies. This book was released on 1987 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Workers Compensation Law written by Bevans and published by Cengage Learning. This book was released on 2009 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Workersa Compensation Law provides an in-depth look at the day-to-day practice of this field while addressing theoretical aspects that form a critical foundation for this branch of law. Reviews how a worker's compensation case begins and explains activities involved in those cases, such as drafting petitions, presenting cases to an administrative law judge, and bringing an appeal. The theoretical basis of the material is laid out in easy to understand and enjoyable format reinforced with practical real-life examples. Although written with paralegal-specific information, the content includes information vital to anyone dealing with Workersa Compensation issues.

Download or read book Construction Safety Handbook written by Mark McGuire Moran and published by Government Institutes. This book was released on 2003 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: This much anticipated new edition provides employers and employees with a day-to-day guide to reducing accidents and injuries, ensuring compliance, avoiding fines and penalties, and controlling workers' compensation costs. You'll not only find comprehensive discussions on all of the construction safety regulations found in the Code of Federal Regulations (CFR) Title 29 Part 1926, but you'll also find the actual legal text of the regulations and overviews for each subpart for easier reference. This Construction Safety Handbook covers both the obvious and the hidden dangers of construction and addresses the latest changes in OSHA standards, including new recordkeeping requirements, new ergonomic guidelines, new requirements in the Steel Erection standard, and new additions to signs, signals, and barricades requirements. Written in plain English, this comprehensive handbook provides you with the legal background, practical advice, and ready-to-use written compliance programs you need to ensure your sites meet workplace safety requirements, protect workers, and comply with the standards. Each chapter provides a description of the requirements of the standard, and a sample written compliance program, checklists, and the appropriate citations from the 29 CFRs. The latest changes in enforcement and inspection policy are also detailed, and a list of OSHA's most frequently cited construction standards is given.

Download or read book Technical Reference Documents Supporting the Generic Environmental Impact Statement for Wastewater Management in Rural Lake Areas written by and published by . This book was released on 1983 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Cornes and Lupton s Design Liability in the Construction Industry written by Sarah Lupton and published by John Wiley & Sons. This book was released on 2013-11-14 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liability for the design of a building or structure is of fundamental concern to construction professionals, design-build contractors, specialist sub-contractors, and lawyers. Although other texts cover a wide range of aspects of liability, only Cornes and Lupton’s Design Liability in Construction draws together all those matters that relate specifically to design. A number of factors have come together recently and are addressed in this significant update and rewrite of the 4th edition, including: popularity of design & build procurement partnering arrangements and early contractor involvement new standard forms of construction contract and appointment, and revisions to older forms technical innovations in construction collaborative working and BIM systems many well-publicised cases regarding design failures significant developments in the law of tort and professional liability the development of the single European market and increased provision of services overseas Together these factors create a new range of design liability issues which the construction professional has to face. Written for lawyers, architects, engineers, and contractors, the fifth edition of Design Liability in Construction will also serve as a useful text for masters level courses in engineering, surveying and construction law.

Download or read book Construction Site Safety written by Richard D. Hislop and published by CRC Press. This book was released on 1999-06-29 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: An important part of an organization's overall safety and health program involves safety management for contractors. A contractor with a poor safety program can adversely affect quality, productivity, schedules, and overall cost. This book explains how to manage project safety and improve the odds of an injury-free workplace. If project managers are to apply their judgment wisely, they need to know the rationale for each requirement, and how to implement it. They must know what is to be done, who is to do it, and when and how it should be done. The author considers all these factors. Construction Site Safety addresses the fundamental elements of a successful construction safety program. The author explains the industry trends and best practices that enable job site managers or field engineers to understand the necessary steps to ensure that contractors have and follow safety guidelines. Features

Download or read book Workmen s Compensation Cases written by Robert Metcalfe Minton-Senhouse and published by . This book was released on 1903 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Being reports of cases decided under the Workmen's compensation act, principally taken from the Times law reports.

Download or read book Supporting the Generic Environmental Impact Statement for Wastewater Management in Rural Lake Areas written by Gerald O Peters and published by . This book was released on 1983 with total page 670 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Montana Workers Compensation and Occupational Disease Laws written by Montana. Division of Workers' Compensation and published by . This book was released on 1979 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book National Workers Compensation Act of 1975 written by United States. Congress. House. Committee on Education and Labor. Subcommittee on Manpower, Compensation and Health and Safety and published by . This book was released on 1976 with total page 1480 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Construction Claims and Liability written by Michael S. Simon and published by John Wiley & Sons. This book was released on 1989 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Architect and Engineer Liability Claims Against Design Professionals 4th Edition written by Sido and published by Wolters Kluwer. This book was released on 2013-10-23 with total page 2708 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now you can keep construction design exposure to a minimum! Prepared for design and construction professionals and their attorneys, this comprehensive, up-to-date resource is written by eminent authorities in the field. Architect and Engineer Liability: Claims Against Design Professionals, Fourth Edition details all relevant topics: risk management, alternative dispute resolution, trial conduct, handling shop drawings, insurance and surety, and more. You'll get straightforward answers to all your legal questions, as well as examples of the valuable lessons learned by leading design and construction experts.