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N.Y. court revives injured worker suit, bars employer indemnity claims - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers N.Y. court revives injured worker suit, bars employer indemnity claims by Louise Esola Claims Disputes , Workers Comp Coverage , Workplace Safety Aug 7, 2026 A New York appellate court ruled Thursday that a construction worker can continue pursuing a lawsuit over injuries he suffered after falling on a damaged staircase while carrying demolition debris, but dismissed claims seeking to hold his employer financially responsible because he received workers compensation benefits and there was no evidence he suffered a grave injury. According to Ordonez v. USM Asset Trust Series-7 , the Appellate Division of the New York Supreme Court, First Department, reinstated the worker’s claim alleging violations of New York’s construction safety law while dismissing claims seeking reimbursement from his employer, Victorio’s Contracting Inc. Bolivar Carchi Ordonez, a carpentry laborer, alleged he slipped or tripped on a cracked exterior stone step while carrying about 50 pounds of demolition debris from a Manhattan renovation project to a curbside dumpster. He testified the building’s front staircase was the only practical route because an alternate exit was blocked by debris. The appellate court found factual disputes over whether the staircase qualified as a protected passageway under New York’s Industrial Code, making summary judgment inappropriate under state law. The court also found that factual disputes precluded summary judgment on the worker’s Labor Law Section 200 and common-law negligence claims because witnesses offered conflicting testimony about the size and severity of the defect in the step. However, the court dismissed cross-claims and third-party claims for common-law indemnification and contribution against Victorio’s Contracting, finding the worker had received workers compensation benefits and there was no evidence he suffered a “grave injury,” as required under New York law to pursue those claims against an employer. 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