Common Contracts
1 similar null contracts
AGREEMENT WHEREBY SUBCONTRACTOR/EMPLOYER AGREES TO INDEMNIFY CONTRACTOR FOR EMPLOYEE’S INJURIES CAN BE IN GENERAL TERMSAugust 3rd, 2007
When the employee of a subcontractor is injured on the job because of his employer’s fault, and can’t sue the employer because of the exclusivity of the workers’ compensation remedy, he can nevertheless sue any other person who bears liability for the injury – even if only derivatively, such as the general contractor (who bears liability for the acts of all its subcontractors and is often the defendant in these scenarios). In a well known but deeply imbedded anomaly in New York law, however, that defendant can then implead the employer for indemnity and/or contribution, indirectly subjecting the employer to the very exposure from which the Workers’ Compensation Law was supposed to insulate it.
