Employee Injured in Trench Collapse Cannot Circumvent Worker’s Compensation Bar Against Suing His Employer Absent Evidence of Intentional Wrong That Created Substantial Certainty of Injury or Death

by | Nov 27, 2012 | Newsletter Article

Where an employee of a contractor was injured in the collapse of an unshored 25 foot deep trench, he filed suit against his employer – asserting that the exclusive remedy of the workers’ compensation act did not bar the suit due to the exception that is granted under...

GC Had No Site Safety Liability Since it did Not Exercise its Retained Control Over the Job Site to Such an Extent as to Affirmatively Contribute to the Injuries of a Subcontractor’s Laborer

by | Oct 31, 2012 | Newsletter Article

Where a masonry subcontractor employee was injured by slipping on a plastering subcontractor’s wet scaffolding, the laborer sued the project general contractor (GC) alleging his injuries were caused by the GC’s negligence in sequencing and coordinating construction...