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Author: Edward Austin Pella
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
However, an effective safety management plan must be implemented and maintained in order to achieve the lower injury frequency rates and costs. It was also hypothesized that construction projects that are insured by CCIPs have lower injury frequency rates and lower injury costs than construction projects that are insured by OCIPs. The results of the literature review and the results of the interviews tend to support this hypothesis.
Author: Edward Austin Pella
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
However, an effective safety management plan must be implemented and maintained in order to achieve the lower injury frequency rates and costs. It was also hypothesized that construction projects that are insured by CCIPs have lower injury frequency rates and lower injury costs than construction projects that are insured by OCIPs. The results of the literature review and the results of the interviews tend to support this hypothesis.
Author: Cliff J. Schexnayder
Publisher: Transportation Research Board
ISBN: 0309069513
Category : Construction industry
Languages : en
Pages : 143
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Book Description
TRB's National Cooperative Highway Research Program (NCHRP) Synthesis 308: Owner-Controlled Insurance Programs (OCIPs) provides a brief history of OCIPs, the OCIP experiences of state departments of transportation, contractor issues, and controlling risk, and discusses at length how to choose an OCIP, how to develop an OCIP, and how to operate under an OCIP.
Author: California. Department of Transportation. Office of Risk Management
Publisher:
ISBN:
Category : Construction industry
Languages : en
Pages : 14
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Book Description
Author: Sung Jun Kwon
Publisher:
ISBN:
Category : Government risk insurance
Languages : en
Pages : 35
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Book Description
Author: Joshua Smith
Publisher:
ISBN:
Category : Contractors
Languages : en
Pages : 74
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Book Description
The purpose of this study was to evaluate owner controlled insurance program (OCIP) versus a traditional program by Wisconsin, for state funded transportation projects to see if it's more effective at preventing loss. The literature indicates that OCIPs have been used for many different kinds of construction for years but rarely used for transportation construction. Wisconsin has used it for the Marquette Interchange and is in progress with two more projects, I- 94 and US-41. This may become a regular way to provide insurance on Wisconsin's large transportation projects that are over $100 million dollars. This includes the Zoo Interchange that is an upcoming project for the state of Wisconsin. The results indicate that the Marquette Interchange performed below the national average, the I-94 is performing at national average and the US-41 well below national average. The data also indicated that the state is good at continually improving its OCIPs within the project cycle and from project to project at preventing loss. The conclusion of the research is that small adjustments to their management process should be made especially in clearly defining communication lines. Also the Safety Directors need to know the industry well and be effective communicators. The overall controller of the OCIP needs to be highly involved in the insurance process. The overall recommendation for the state of Wisconsin is to use OCIPs on their large transportation projects. Over the time of their projects and from project to project the projects show vast improvements and indicate that they have learned how to refine the OCIPs to make them effective at controlling loss.
Author: William J. Palmer
Publisher: McGraw Hill Professional
ISBN:
Category : Business & Economics
Languages : en
Pages : 440
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Book Description
Publisher's Note: Products purchased from Third Party sellers are not guaranteed by the publisher for quality, authenticity, or access to any online entitlements included with the product. Protect your business from all types of risks--insure your projects with advice from the experts Here you'll find the answers to your questions about insurance, bonding, and risk management for all of your construction projects. This much-needed book helps you assess your requirements for insurance coverage, evaluate policies, find the fairest rates, obtain bonding, and manage risks professionally and confidently. Written by the foremsot experts at Ernst & Young LLP and Willis Corroon Construction, this authoritative guide gives you the information and methods you need to simplify and systematize your project insurance bonding, and risk management issues, and protect your business from all types of liabilities: You'll learn how to: establish your requirements for various types of insurance; determine how to get the insurance you need at the best rate; read and evaluate insurance contracts; secure bonds for both contractors and subcontractors; obtain workers compensation coverage; evaluate environmental issues; understand the role of sureties in litigation. Construction contractors and subcontractors, CPAs, law firms, and insurance and bonding agents will all welcome this comprehensive guide and the authoritative help it gives in ensuring successful outcomes for construction projects of every kind.
Author: Gary L. Wickert
Publisher: Juris Publishing, Inc.
ISBN: 1578233631
Category : Law
Languages : en
Pages : 1616
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Book Description
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?
Author: Steven A. Coombs
Publisher:
ISBN: 9781933686233
Category :
Languages : en
Pages : 363
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Book Description
Author: Leslie Edwards
Publisher: Thomas Telford
ISBN: 9780727720641
Category : Business & Economics
Languages : en
Pages : 148
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Book Description
Until now there has been little information available to engineers to help them assimilate quickly the basic theories and practice of risk management; nor has information been widely available on the risk assessments actually produced and the risk management undertaken by those working in the construction industry . Previous books and articles on risk management have been either academic works with little practical civil engineering content or highly detailed reports which focus on specialised applications. Practical Risk Management in the Construction Industry provides engineers with an easily understandable overview of the risk management procedures that are applicable generally to commercial organizations, the risks that might arise particularly in construction and, by the use of practical examples, how those risks can be managed.
Author: Kevin Edward McCarthy
Publisher:
ISBN:
Category : Construction industry
Languages : en
Pages :
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Book Description
Discusses owner-controlled insurance programs (OCIPs) in other states, particularly with regard to transportation related projects. Also discusses whether the programs had been established by legislation or regulation and how the insurance works in case of an accident.
