What does Kotecki Waiver mean? Read on to discover the definition & meaning of the term Kotecki Waiver - to help you better understand the language used in insurance policies.
In some states, third parties held liable for a work-related injury may seek contribution from the injured worker's employer, but such contribution may be capped by the amount of applicable workers compensation benefits. This cap is named for an Illinois case Kotecki v. Cyclops Welding Corp., 146 Ill. 2d 155, 166 Ill. Dec. 1, 585 N.E.2d 1023 (1991) that first imposed it. If the employer has indemnified the negligent third party, that indemnity agreement may be viewed in certain jurisdictions as a waiver of the Kotecki cap.
We hope the you have a better understanding of the meaning of Kotecki Waiver.