Workers' Compensation

Recent Posts

New York: “Grave Injury” Defense in § 11 is Unavailable for Uninsured Employer
Posted on 27 Mar 2020 by Thomas A. Robinson

In New York, where an injured employee seeks to recover from a third party for that party’s alleged negligence in causing the employee’s injuries, the third party may not seek indemnification and/or contribution from the employer, on the basis... Read More

New York: No Indemnity by Employer Since No Showing of “Grave Injury”
Posted on 18 Jan 2019 by Thomas A. Robinson

Acknowledging that an employer may be liable to third parties for indemnification or contribution where the employer’s employee suffers a “grave injury,” as defined by N.Y. Workers Comp. Law § 11, a New York appellate court nevertheless... Read More

New York: Third-Party Defendant Claim For Contribution Against Employer Fails Under “Grave Injury” Statute
Posted on 19 May 2017 by Thomas A. Robinson

In New York, absent an express agreement to the contrary, a defendant sued in tort by an injured employee may seek contribution or indemnification from the employer only if the employee suffered a "grave injury, as that term is defined in N.Y. Workers’... Read More

New York: Significant Injury to Hand Does Not Constitute, However, “Grave Injury” Under § 11
Posted on 27 Feb 2015 by Larson's Spotlight

In New York, a defendant sued in tort by an injured worker may seek contribution and/or indemnification from the employer if, among other things, the worker sustained a “grave injury” as defined by N.Y. Work. Comp. Law § 11. A state appellate... Read More

New York: Contractual Indemnity Disallowed When Indemnity Agreement Signed After Worker’s Injury
Posted on 26 Jul 2013 by Larson's Spotlight

New York’s workers’ compensation law prohibits a defendant from pursuing an indemnity or contribution action against the employer unless (a) the plaintiff/injured worker sustained a “grave injury” or there is a written indemnity... Read More