An employer of an injured worker covered by Workers’ Compensation is immune from claims for common law indemnification and contribution in a subsequent civil action provided that the worker has not sustained a “grave injury” as that term is defined by Workers’ Compensation Law §11. In other words, if the injured employee did suffer a “grave injury,” the employer may be subject to claims for common law indemnification and contribution. The injuries enumerated in the statute are to be narrowly construed and are exhaustive. See Rubeis v. Aqua Club, Inc., 3 N.Y.3d 408, 415-16, 821 N.E.2d 530, 788 N.Y.S.2d 292 (2004).

Workers’ Compensation Law §11 includes within the definition of a “grave injury” an “acquired injury to the brain caused by an external physical force resulting in permanent total disability.” In Rubeis, the Court of Appeals held that this provision required judicial interpretation. See Rubeis, 3 N.Y.3d at 416. Noting a split between the Third and Fourth departments on one hand and the Second Department on the other, the Court of Appeals, adopting the rationale of the Third and Fourth departments, held that in order for a traumatic brain injury to be deemed a “grave injury,” resulting in “permanent total disability,” the injured worker must be unemployable “in any capacity.” See id., at 417 (emphasis in original).

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]