Multiple Employer Worksites: Overcoming the Challenges and Issues Presented

NASP Subrogation Litigation: Skills & Management Conference, Scottsdale, AZ

4.28.17

Accidents at multiple employer worksites are fraught with complex problems. Most multi-employer worksite accidents involve construction and building trades, particularly on large projects with a general contractor and multiple subcontractors. These claims present multiple legal issues, such as which party is responsible for safety (GC, subcontractors, property owners, construction managers). Contractual issues such as waivers of subrogation, indemnification, and limitations on liability often complicate these claims further. These relationships and contractual issues can reduce the pool of viable third parties that can be pursued. Robert Caplan, Jesse Cohen and Victoria Phillips explore these issues and discuss strategies to overcome limitations to successful third party recovery.