In some states, third parties held liable for a work-related injury may seek
contribution from the injured worker's employer, but such contribution may
be capped by the amount of applicable workers compensation benefits. This cap
is named for an Illinois case—Kotecki v. Cyclops Welding Corp., 146
Ill. 2d 155, 166 Ill. Dec. 1, 585 N.E.2d 1023 (1991)—that first imposed it. If
the employer has indemnified the negligent third party, that indemnity
agreement may be viewed in certain jurisdictions as a waiver of the Kotecki
cap.