LexisNexis® Legal Newsroom
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 agreement [N.Y. Work. Comp. Law § 11]. Recently...

Ohio: $15,000 Settlement of Third-Party Claim Costs Injured Employee $61,500

Applying Ohio Rev. Code 4123.931(G), which provides in relevant part that if the injured employee settles with the third party without giving such notice, the employee and the third party are jointly and severally liable to pay the employer or carrier the full amount of the subrogation interest, an Ohio...

Kansas: Firefighter’s Rule Barring Most Suits Against Third Party Extended to Police Officers

In a deeply divided decision, the Supreme Court of Kansas extended the firefighter’s rule to law enforcement officers. The rule, which is applied in more than half the states [see Larson’s Workers’ Compensation Law , § 110.08], prohibits firefighters from suing the person who was...