Goldberg Segalla partner Nathan J. Milner’s highly educational, in-depth article entitled, “Rise of Transportation Contractors Leading to Complex Coverage Litigation,” has been published by the high-profile legal news service, Law360.

Nate, a partner from the firm’s Syracuse office, explores the recent expansion of self-employed individuals participating in the delivery and transportation industry and explains how this expansion is leading to various complex workers compensation insurance litigation issues.

“In recent months, we are seeing a growing number of independent contractors or owner-operator drivers that have been contracted, or more often than not, subcontracted by various retail stores, shipping warehouses, and trucking companies for the purposes of local deliveries,” Nate said. “Often times, these independent contractors, whether an entity or individual, do not have the appropriate insurance, and when injured on the job, they are seeking to establish an employment relationship with one of the entities in the chain of contracted and subcontracted companies in order to facilitate workers’ compensation coverage.”

Nate details the multiple parties typically involved in complex transportation contractor disputes and defines the terms clearly to provide companies a better idea of their role in subcontracting relationships.

“Often times, the claimant themselves may be unaware of how far down the ladder they are in contracting and subcontracting from the original shipper,” Nate continued. “We have seen scenarios in New York, for example, where the claimant attempts to establish they are employees of the shipper and scenarios where they seek to establish that they are an employee of any of the initial or sub-contracted companies. They often name the first entity they can think of and that company is put on notice to defend the claim. This may not be the appropriate entity, depending on the facts of a given case.”

Nate ultimately delves into the best practices for defending such a case, emphasizing the importance of knowing where your company falls on the ladder, making sure to require notice and copies of relevant police reports and insurance claims, as well as limiting a contracted party’s ability to subcontract a specific job without the express consent of your company.

READ THE FULL ARTICLE HERE: https://www.goldbergsegalla.com/news-and-knowledge/knowledge/rise-of-transportation-contractors-leading-to-complex-coverage-litigation/

MORE ABOUT GOLDBERG SEGALLA’S NATHAN J. MILNER:

Nathan devotes his practice to defending diverse workers’ compensation claims, including navigating the intricacies of claims made by self-employed and by-the-job individuals. He understands the need for trucking companies, transportation networks, motor carriers and others in the transportation industry to minimize interference with business while also achieving claim closure. Nate has experience handling hearings before the New York State Workers’ Compensation Board, drafting memoranda, performing legal research, and conducting depositions of medical and other experts.