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Browse By Tags
contractual indemnity
contribution
hand injury
indemnification
indemnification clause
indemnity claims
New York workers compensation
third party claim
third-party action
Thomas A. Robinson
over 3 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
New York: “Grave Injury” Defense in § 11 is Unavailable for Uninsured Employer
In New York, where an injured employee seeks to recover from a third party for that party’s alleged negligence in causing the employee’s injuries, the third party may not seek indemnification and/or contribution from the employer, on the basis...
Thomas A. Robinson
over 4 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
New York: No Indemnity by Employer Since No Showing of “Grave Injury”
Acknowledging that an employer may be liable to third parties for indemnification or contribution where the employer’s employee suffers a “grave injury,” as defined by N.Y. Workers Comp. Law § 11, a New York appellate court nevertheless...
Thomas A. Robinson
over 5 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
New York: Third-Party Defendant Claim For Contribution Against Employer Fails Under “Grave Injury” Statute
In New York, absent an express agreement to the contrary, a defendant sued in tort by an injured employee may seek contribution or indemnification from the employer only if the employee suffered a "grave injury, as that term is defined in N.Y. Workers’...
Larson's Spotlight
over 8 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
New York: Significant Injury to Hand Does Not Constitute, However, “Grave Injury” Under § 11
In New York, a defendant sued in tort by an injured worker may seek contribution and/or indemnification from the employer if, among other things, the worker sustained a “grave injury” as defined by N.Y. Work. Comp. Law § 11. A state appellate...
Larson's Spotlight
over 9 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
New York: Contractual Indemnity Disallowed When Indemnity Agreement Signed After Worker’s Injury
New York’s workers’ compensation law prohibits a defendant from pursuing an indemnity or contribution action against the employer unless (a) the plaintiff/injured worker sustained a “grave injury” or there is a written indemnity...