Correct!

You’re right. Under New York law, workers’ compensation is the sole remedy against the employer, but it does not prevent an employee from suing a third party.

The only time an employer might still face liability outside comp is if there is a valid written indemnification agreement in place or the employee sustained a statutory “grave injury.”

Understanding these nuances helps claims professionals anticipate exposure, reserve appropriately, and manage communication with all stakeholders.

Learn more here: Sole Remedy, Exclusive Remedy & Grave Injury: What Workers’ Comp Professionals Need to Know