In relevant part, N.Y. Workers’ Comp. Law § 11 prohibits third-party claims for indemnification and contribution against an employer unless the injured employee has sustained a “grave injury” as defined...
Uninsured NY Employer May Not Use “Grave Injury” Statute to Defend 3rd-Party Indemnity Claim Uninsured NY Employer May Not Use “Grave Injury” Statute to Defend 3rd-Party Indemnity ClaimWith a conflicting web of state versus state policies that would make any Conflict of Laws professor salivate, a federal district court in Pennsylvania found a choice of law provision...
War Between the States: Federal Court Decides PA Law Precludes Third-Party Indemnity Action Against Employer War Between the States: Federal Court Decides PA Law Precludes Third-Party Indemnity Action Against EmployerLandlord Could Not Implead Tenant/Employer In Injured Employee’s Suit Where Employer Was Not Negligent The exclusive remedy provision of the Delaware Workers’ Compensation Act [Del. Code Ann. tit. 19, §...
Exclusive Remedy Defense Protects Some Employers In Spite of Express Indemnification Agreement Exclusive Remedy Defense Protects Some Employers In Spite of Express Indemnification AgreementN.Y. Work. Comp. Law § 11 bars third-party lawsuits for contribution and indemnification against an injured employee’s employer unless either (a) the employee suffered a “grave injury,” limited to death...
NY: Employer Does Not Lose Exclusivity Defense in Contribution/Indemnification Case Because Employee was Undocumented Alien NY: Employer Does Not Lose Exclusivity Defense in Contribution/Indemnification Case Because Employee was Undocumented Alien