EMPLOYMENT AND LABOR LAW ISSUES IN THE CONSTRUCTION INDUSTRY

1. EMPLOYMENT AND LABOR LAW ISSUES IN THE CONSTRUCTION INDUSTRY Presented by: Gary Trobe February 28, 2006

2. INVESTIGATION OF LABOR LAW CLAIMS FROM FIRST NOTICE OF THE LOSS THROUGH TRIAL

3. FIRST NOTICE OF LOSS AT THE SITE • FOLLOWING THE LOSS THE PRIMARY CONCERN IS TO PRESERVE AND DOCUMENT THE SCENE • PHOTO OR VIDEO THE SCENE • COLLECT MEASUREMENTS OF AREA • COLLECT ANY EVIDENCE OR ARTIFACTS • IDENTIFY THE INJURED (OBTAIN PEDIGREE) • IDENTIFY THE EMPLOYER, UNION AND TRADE LEVEL OR EXPERIENCE • RECORD NAMES OF PD AND EMS PERSONNEL ON SCENE • RECORD NAMES OF ALL INSPECTORS AND INSURANCE PERSONNEL ON SCENE • IDENTIFY CO-WORKERS AND OTHER WITNESSES • NOTIFY YOUR COMPANY FOLLOWING THE RISK MANAGEMENT PROCEDURES

4. WHEN THE ADJUSTER OR INVESTIGATOR CALLS

5. COLLECTION OF DOCUMENTATION • CONTRACTS • INSURANCE POLICIES OR CERTIFICATES OF INSURANCE • LEASES FOR ALL EQUIPMENT • SITE PLANS OR SCHEMATICS • OPERATING GUIDES, PURCHASE INFORMATION AND SPECIFICATIONS FOR ALL EQUIPMENT INVOLVED

6. COLLECTION OF DOCUMENTATION • SITE DOCUMENTATION OR REPORTS • SITE LOG BOOK • SAFETY INSPECTIONS • ACCIDENT OR LOSS REPORT • SAFETY MEETINGS • SITE PROGRESS PHOTOS

7. COLLECTION OF DOCUMENTATION • INJURED’S PERSONNEL FILE • WORKERS COMPENSATION REPORTS • HOSPITALIZATION CARRIER • THIRD PARTY DISABILITY COVERAGE • THIRD PARY LIFE INSURANCE • PHOTOGRAPH OF PLAINTIFF • TRAINING DOCUMENTATION • UNION AFFILIATION

8. COLLECTION OF DOCUMENTATION • CONTRIBUTING FACTORS YOU WISH TO RELAY • NAMES OF CO-WORKERS AND OTHER CONTRACTORS IN AREA AT TIME OF LOSS • IDENTIFICATION OF MATERIAL OR EQUIPMENT USED OR SHOULD HAVE BEEN USED

9. COLLECTION OF DOCUMENTATION • REPORTS, LETTERS FINDINGS OF ANY GOVERNMENTAL OR REGULATORY AGENCY • PERMITS • SPECIAL REQUIREMENTS TO PERFORM THE JOB AS SPECIFIED BY ANY GOVERNMENTAL AGENCY • LICENSING AND OR TRAINING REQUIRED TO PERFORM THE JOB

10. WHAT ARE THE TYPES OF QUESTIONS AND STATEMENTS WE WILL BE ASKED?

11. INVESTIGATION QUESTIONS • PERSONAL PEDIGREE INFORMATION • EMPLOYMENT HISTORY • RELATIONSHIP TO INJURED • INJURED’S EMPLOYEMENT HISTORY • DESCRIPTION OF THE ACCIDENT • CONTRIBUTING FACTORS • INJURED’S MEDICAL HISTORY • WITNESS INFORMATION

12. WHEN A PRODUCT OR MACHINERY IS INVOLVED • MANUFACTURER, MAKE, MODEL AND SERIAL NUMBER • WHO OWNS • WHO MAINTAINS • MAINTENANCE HISTORY • INSTALLATION HISTORY • SERVICE CALL HISTORY • OPERATING INSTRUCTIONS • PURCHASE INFORMATION • EXACT DESCRIPTION OF HOW IT WORKS

13. WHEN A MOTOR VEHICLE OR OPERATING EQUIPMENT IS INVOLVED • MAKE, MODEL AND YEAR • VIN OR SERIAL NUMBER • REGISTRATION AND TITLE • REPAIR AND MAINTENANCE HISTORY • INSPECTION HISTORY • CURRENT LOCATION OF VEHICLE • LICENSING OR TRAINING OF INJURED • ADDITIONAL LIABILITY INSURANCE

14. WHAT TO EXPECT AT THE TIME OF TRIAL • RE-VISITING OF THE INITIAL INVESTIGATION • REVIEW OF DEPOSITIONS AND TRIAL TESTIMONY • RECEIPT OF SUBPOENAS FOR RECORDS AND OR APPEARANCE AT TRIAL • TRIAL TESTIMONY

15. INCORPORATING SURVEILLANCE INTO THE MEDICAL RECORD REVIEW

16. PLANNING THE SURVIELLANCE • OBTAIN PHOTGRAPH OR IME INFORMATION • VERIFY PEDIGREE AND DMV HISTORY • OBTAIN EXACT INJURY HISTORY • DEVELOP A GUIDELINE FOR VIDEO TAPING THE CLAIMANT

17. USING SURVIELLANCE IN CONJUCTION WITH THE IME EVALUATION • REQUIRES TIMING OF SURVEILLANCE ACTIVITY • IDENTIFYING EXACTLY WHAT ACTIVITIES THE CLAIMANT ALLEGES THAT THEY CAN NOT DO • CONDUCTING SURVEILLANCE OVER SEVERAL DAYS IN DIFFERENT PERIODS OF TIME