NY Work Comp L § 11 (2021)
2021 New York Laws WKC - Workers' Compensation Article 2 - Compensation 11 - Alternative Remedy.

§  11.  Alternative remedy. The liability of an employer prescribed by   the last preceding section shall be exclusive and in place of any  other   liability   whatsoever,   to   such   employee,   his  or  her  personal   representatives,  spouse,  parents,  dependents,  distributees,  or  any   person otherwise entitled to recover damages, contribution or indemnity,   at  common  law  or  otherwise,  on  account  of such injury or death or   liability arising therefrom, except that if an employer fails to  secure   the  payment  of compensation for his or her injured employees and their   dependents as provided in section fifty  of  this  chapter,  an  injured   employee,  or  his  or her legal representative in case of death results   from the injury, may, at his or her option, elect to claim  compensation   under  this  chapter, or to maintain an action in the courts for damages   on account of such injury; and  in  such  an  action  it  shall  not  be   necessary to plead or prove freedom from contributory negligence nor may   the  defendant  plead  as  a  defense  that the injury was caused by the   negligence of a fellow servant nor that the employee assumed the risk of   his or her employment, nor that the injury was due to  the  contributory   negligence  of the employee. The liability under this chapter of The New   York Jockey Injury Compensation Fund, Inc.  created  under  section  two   hundred  twenty-one of the racing, pari-mutuel wagering and breeding law   shall be limited to the provision of workers' compensation  coverage  to   jockeys,  apprentice  jockeys,  exercise persons, and at the election of   the New York Jockey Injury Compensation Fund, Inc., with the approval of   the New York state gaming commission, employees of licensed trainers  or   owners  licensed  under  article  two or four of the racing, pari-mutuel   wagering and breeding law and any statutory penalties resulting from the   failure to provide such coverage.For purposes of this section the terms "indemnity" and  "contribution"   shall  not  include  a  claim  or  cause  of  action for contribution or   indemnification based upon a provision in  a  written  contract  entered   into  prior  to  the  accident  or  occurrence by which the employer had   expressly agreed to contribution to or indemnification of  the  claimant   or person asserting the cause of action for the type of loss suffered.An  employer  shall not be liable for contribution or indemnity to any   third person based upon liability for injuries sustained by an  employee   acting  within  the  scope  of  his  or her employment for such employer   unless such third person proves through competent medical evidence  that   such  employee  has sustained a "grave injury" which shall mean only one   or more of the following: death, permanent and  total  loss  of  use  or   amputation  of an arm, leg, hand or foot, loss of multiple fingers, loss   of multiple  toes,  paraplegia  or  quadriplegia,  total  and  permanent   blindness,  total  and  permanent  deafness,  loss of nose, loss of ear,   permanent and severe facial disfigurement, loss of an index finger or an   acquired injury to the  brain  caused  by  an  external  physical  force   resulting in permanent total disability.For  purposes  of  this  section  "person" means any individual, firm,   company,   partnership,   corporation,   joint   venture,    joint-stock   association, association, trust or legal entity.The  liability under this chapter of the New York black car operators'   injury compensation fund, inc. shall be limited  to:  (i)  securing  the   payment of workers' compensation in accordance with article six-F of the   executive  law to black car operators, as defined in such article, whose   injury arose out of and in  the  course  of  providing  services  for  a   central  dispatch  facility,  as  defined  in  such  article,  that is a   registered member of such fund, and (ii) any statutory penalty resulting   from the failure to  secure  such  payment.  The  liability  under  this   chapter  of  a central dispatch facility, as defined in article six-F of   the executive law, that is a registered member of the New York black car    operators' injury compensation fund,  inc.  that  shall  be  limited  to   remaining  a  registered  member  in  good standing of such fund and any   statutory penalty, including loss of immunity provided by this  section,   resulting  from  the  failure to become or remain a registered member in   good standing of such fund, except, however, that such central  dispatch   facility  shall  be  subject  to  the  provisions of section one hundred   thirty-one of this chapter and shall be  liable  for  any  payments  for   which  it may become responsible pursuant to such section or pursuant to   section fourteen-a of this chapter.The liability under this chapter of the New  York  independent  livery   driver  benefit fund, inc. shall be limited to: (i) securing the payment   of workers' compensation coverage to cover  those  matters  required  by   article  six-G  of  the executive law for independent livery drivers, as   defined in such article, whose injury arose out of and in the course  of   providing  covered  services  for  a  livery  base,  as  defined in such   article, that is  a  registered  member  of  such  fund,  and  (ii)  any   statutory penalty resulting from the failure to secure such payment.