Action-Over Claim

When an injured worker sues a third party, such as a property owner, and that party then seeks payment from the worker's employer.

What it means for your firm

In New York, Workers' Compensation Law Section 11 generally limits these claims against employers to cases involving a 'grave injury' or a written indemnity agreement made before the accident.

General liability policies usually exclude injury to your own employees, so these claims often involve workers' compensation and employer's liability coverage. Coverage depends on the policies involved.

Guides that use it

Sources

General definition for education only. It is not an interpretation of any policy or contract, and it is not legal advice. The wording of your own policy and contract controls. Policies and definitions vary by insurance company.

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