Legislation
SECTION 18-201
Specifications of liability for employers and employees
General Obligations (GOB) CHAPTER 24-A, ARTICLE 18-A
§ 18-201. Specifications of liability for employers and employees. 1.
As used in this section:
(a) "Person" means any individual, firm, company, partnership, joint
venture, joint-stock association, corporation, association, trust or
other legal entity.
(b) The words "employer", "employee", "employment", "compensation",
"injury" and "death" shall have the same meaning as set forth in section
two of the workers' compensation law.
(c) The terms "indemnity" and "contribution" shall not include a
claim or cause of action for contribution or indemnification based upon
a provision in a written contract entered into prior to the accident or
occurrence by which the employer had expressly agreed to contribution to
or indemnification of the claimant or person asserting the cause of
action for the type of loss suffered.
2. The liability of an employer and his or her employees set forth in
sections ten, eleven and twenty-nine of the workers' compensation law
shall be exclusive and in place of any other liability whatsoever, to
employees, their personal representatives, spouses, parents, dependents,
distributees or any person otherwise entitled to recover damages,
contribution or indemnity, at common law or otherwise, on account of
injury or death or liability arising therefrom, except that if an
employer fails to secure the payment of compensation for its injured
employees and their dependents as provided in section fifty of the
workers' compensation law, an injured employee, or his or her legal
representative in case death results from the injury, may, at his or her
option, elect to claim compensation under the workers' compensation law,
or to maintain an action in the courts for damages against the employer
on account of such injury; and in such an action it shall not be
necessary to plead or prove freedom from contributory negligence nor may
the defendant plead as a defense that the injury was caused by the
negligence of a fellow servant nor that the employee assumed the risk of
his or her employment, nor that the injury was due to the contributory
negligence of the employee.
As used in this section:
(a) "Person" means any individual, firm, company, partnership, joint
venture, joint-stock association, corporation, association, trust or
other legal entity.
(b) The words "employer", "employee", "employment", "compensation",
"injury" and "death" shall have the same meaning as set forth in section
two of the workers' compensation law.
(c) The terms "indemnity" and "contribution" shall not include a
claim or cause of action for contribution or indemnification based upon
a provision in a written contract entered into prior to the accident or
occurrence by which the employer had expressly agreed to contribution to
or indemnification of the claimant or person asserting the cause of
action for the type of loss suffered.
2. The liability of an employer and his or her employees set forth in
sections ten, eleven and twenty-nine of the workers' compensation law
shall be exclusive and in place of any other liability whatsoever, to
employees, their personal representatives, spouses, parents, dependents,
distributees or any person otherwise entitled to recover damages,
contribution or indemnity, at common law or otherwise, on account of
injury or death or liability arising therefrom, except that if an
employer fails to secure the payment of compensation for its injured
employees and their dependents as provided in section fifty of the
workers' compensation law, an injured employee, or his or her legal
representative in case death results from the injury, may, at his or her
option, elect to claim compensation under the workers' compensation law,
or to maintain an action in the courts for damages against the employer
on account of such injury; and in such an action it shall not be
necessary to plead or prove freedom from contributory negligence nor may
the defendant plead as a defense that the injury was caused by the
negligence of a fellow servant nor that the employee assumed the risk of
his or her employment, nor that the injury was due to the contributory
negligence of the employee.