Skip to main content
Insurance

The Importance of Action Over Coverage in New York

By July 11, 2023July 14th, 2023No Comments

Introduction:

When it comes to insurance, having the right coverage is crucial for contractors and businesses operating in New York. However, there is an equally important concept that contractors should be aware of: action over coverage. Action over coverage provides contractors with an additional layer of protection, especially in the construction industry, where accidents and incidents can lead to legal claims and disputes. This article explores why having action over coverage is so vital for contractors in New York.

Understanding Action Over Coverage:

Action over coverage, also known as “employee injury coverage” or “gravity-related injury coverage” is an extension of general liability coverage. It comes into play when an employee of a contractor or subcontractor is injured on the job and files a lawsuit against the project owner or general contractor. In such cases, action over coverage provides the contractor with insurance coverage for legal defense costs and potential liabilities arising from the lawsuit. This coverage is particularly important in New York, where construction projects often involve multiple parties, creating complex relationships and potential liability disputes.

Protection Against Legal Claims:

In the construction industry, accidents and injuries can occur despite strict adherence to safety protocols. When an employee is injured on a construction site, they may file a lawsuit seeking compensation for medical expenses, lost wages, and other damages. Without action over coverage, contractors could find themselves responsible for the legal defense costs and any potential liabilities arising from the lawsuit. This can have a significant financial impact on their business, potentially leading to severe financial strain or even bankruptcy. By having action over coverage, contractors can shift some of the burden to their insurance provider, ensuring they have the necessary support to defend against legal claims.

Complex Liability Relationships:

Construction projects in New York often involve multiple parties, including project owners, general contractors, subcontractors, and suppliers. The intricate web of relationships can make determining liability in the event of an accident or injury a complicated process. Without action over coverage, contractors may find themselves caught in legal battles and disputes, as injured employees may seek compensation from parties other than their direct employer. With action over coverage, contractors can have an additional layer of protection, minimizing their exposure to potential liabilities resulting from accidents involving their employees and subcontractors.

Compliance with New York Laws:

New York’s labor laws, particularly Sections 240 and 241, impose strict liability on property owners and general contractors for certain construction site accidents. This means that contractors can be held responsible for injuries to workers, even if they were not directly involved in the accident. By having this coverage in place, contractors can mitigate the financial risks associated with these types of claims.

Enhanced Peace of Mind:

Running a construction business in New York can be stressful, given the potential for accidents, lawsuits, and financial uncertainties. Having action over coverage provides contractors with a sense of security and peace of mind. It allows them to focus on their work and clients, knowing that they have proper protection should an unforeseen incident occur. With the backing of action over coverage, contractors can navigate legal challenges more confidently, knowing that their insurance provider will assist them in managing potential liabilities.

Conclusion:

While having the right insurance coverage is crucial for contractors in New York, it is equally important to understand the significance of action over coverage. This extension of one’s general liability insurance provides contractors with vital protection against legal claims and potential liabilities arising from accidents involving their employees. By having action over coverage, contractors can navigate complex liability relationships, and gain peace of mind knowing that their business is better shielded from the financial risks associated with injured employees and subcontractors.