Current as of January 01, 2019 | Updated by FindLaw Staff
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(a)?The liability of an employer under this act shall be exclusive and in place of any and all other liability to such employes, ���1 his legal representative, husband or wife, parents, dependents, next of kin or anyone otherwise entitled to damages in any action at law or otherwise on account of any injury or death as defined in section 301(c)(1) and (2)? ���2 or occupational disease as defined in section 108. ���3
(b)?In the event injury or death to an employe is caused by a third party, then such employe, his legal representative, husband or wife, parents, dependents, next of kin, and anyone otherwise entitled to receive damages by reason thereof, may bring their action at law against such third party, but the employer, his insurance carrier, their servants and agents, employes, representatives acting on their behalf or at their request shall not be liable to a third party for damages, contribution, or indemnity in any action at law, or otherwise, unless liability for such damages, contributions or indemnity shall be expressly provided for in a written contract entered into by the party alleged to be liable prior to the date of the occurrence which gave rise to the action.
The term ?employe,? as used in this act is declared to be synonymous with servant, and includes--
All natural persons who perform services for another for a valuable consideration, exclusive of persons subject to coverage under the Longshore and Harbor Workers' Compensation Act (44 Stat. 1424, 33 U.S.C. ??901 et seq.) or the Merchant Marine Act of 1920 (41 Stat. 988, 46 U.S.C. ??861 et seq.) or persons whose employment is casual in character and not in the regular course of the business of the employer, and exclusive of persons to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished or repaired, or adapted for sale in the worker's own home, or on other premises, not under the control or management of the employer. ?Except as hereinafter provided in clause (c) of section 302 and sections 305 and 321, ���1 every executive officer of a corporation elected or appointed in accordance with the charter and by-laws of the corporation, except elected officers of the Commonwealth or any of its political subdivisions, shall be an employe of the corporation. ?An executive officer of a for-profit corporation or an executive officer of a nonprofit corporation who serves voluntarily and without remuneration may, however, elect not to be an employe of the corporation for the purposes of this act. ?For purposes of this section, an executive officer of a for-profit corporation is an individual who has an ownership interest in the corporation, in the case of a Subchapter S corporation as defined by the act of March 4, 1971 (P.L. 6, No. 2), ���2 known as the ?Tax Reform Code of 1971,? or an ownership interest in the corporation of at least five per centum, in the case of a Subchapter C corporation as defined by the Tax Reform Code of 1971.
Cite this article: FindLaw.com - Pennsylvania Statutes Title 77 P.S. Workers' Compensation § 481. Exclusiveness of remedy; actions by and against third party; contract indemnifying third party - last updated January 01, 2019 | https://codes.findlaw.com/pa/title-77-ps-workers-compensation/pa-st-sect-77-481.html
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