Workers Keep Pain and Suffering 3rd Party Payout Workers Comp Gets None
When someone gets hurt at work, the employer’s workers compensation automatically pays medical costs and a large fraction of lost wages – no matter whose fault caused the work injury. Due to a 100 year old legislative trade-off, this automatic but limited recovery, cloaks the employer with immunity from lawsuits from their employees. Comp collecting… Read More »Workers Keep Pain and Suffering 3rd Party Payout Workers Comp Gets None
Massachusetts rejects all efforts to bring employer into lawsuit by injured employee. Workers comp immunity thwarts indemnity. FRACO PRODUCTS, LTD. v BOSTONIAN MASONRY84 Mass App Ct 296 (2013) FACTS On a construction project, a masonry subcontractor rented a mast climber from Fraco. Employees of the mason were on the equipment when it toppled… Read More »Workers Comp Immunity Thwarts Indemnity
A recent Maryland case shows the protection contractors enjoy when their contract includes waivers of subrogation. Gables Construction v Red Coats Md Ct Appeals (2020) PARTIES AND AGREEMENTS Owner – Upper Rock II General Contractor – Gables Construction Project – 139 Unit Apartment Building Contract – AIA A102 with GMP and AIA A201 with waivers… Read More »Why Waive Subrogation? How it works
Who says what wages prevail and on what jobs in Massachusetts public construction?
What HVAC jobs get Massachusetts prevailing wage? Workers on Massachusetts public construction projects must get paid what are called prevailing wages. Prevailing wage standards generally track wage rates unions reach in collective bargaining agreements – higher than those usually paid by non-union companies. In a recent case, the Massachusetts Appeals Court heard from a company… Read More »Who says what wages prevail and on what jobs in Massachusetts public construction?
Massachusetts’ Appeals Court decided an unknown site conditions case where the low bid contractor used a very low plug number for its estimated cost to remove the unknown quantity of subsurface rocks. The owner required this figure because it wanted the contractor to bear the cost risk of subsurface surprises. When the project was… Read More »Way Low Bid to Move Rock Costs Contractor
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