N.Y. Workers' Compensation Law § 53: Release from liability

§ 53. Release from liability. An employer securing the payment of

compensation by contributing premiums to the state fund shall thereby

become relieved from all liability for personal injuries or death

sustained by his employees, and the persons entitled to compensation

under this chapter shall have recourse therefor only to the state fund

and not to the employer. An employer shall not otherwise be relieved

from the liability for compensation prescribed by this chapter except by

the payment thereof by himself or his insurance carrier. The provisions

of this section shall not apply to the state of New York, as an employer

except to the extent that the fund has provided insurance coverage on an

actuarially sound basis to the state pursuant to the provisions of

section eighty-eight-c of this chapter. To the extent that the fund has

not provided insurance coverage on an actuarially sound basis pursuant

to section eighty-eight-c of this chapter, any state employee or other

person entitled to compensation under this chapter as a consequence of

personal injuries or death of a state employee shall have direct

recourse therefor only to the state.