N.Y. EML Law § 8

§ 8. Consent by employer and employee to compensation plan. When and\nif any employer in this state and any of his employees shall consent to\nthe compensation plan described in sections nine to fifteen, inclusive,\nof this article, hereinafter referred to as the plan, and shall signify\ntheir consent thereto in writing, signed by each of them or their\nauthorized agents, and acknowledged in the manner prescribed by law for\ntaking the acknowledgment of a conveyance of real property, and such\nwriting is filed with the county clerk of the county in which it is\nsigned by the employee, then so long as such consent has not expired or\nbeen canceled as hereinafter provided, such employee, or in case injury\nto him results in death, his executor or administrator, shall have no\nother right of action against the employer for personal injury or death\nof any kind, under any statute or at common law, save under the plan so\nconsented to, except where personal injury to the employee is caused in\nwhole or in part by the failure of the employer to obey a valid order\nmade by the industrial commission or other public authority authorized\nto require the employer to safeguard his employees, or where such injury\nis caused by the serious or willful misconduct of the employer. In such\nexcepted cases thus described, no right of action which the employee has\nat common law or by any other statute shall be affected or lost by his\nconsent to the plan, if such employee, or in case of death his executor\nor administrator, commences such action before accepting any benefit\nunder such plan or giving any notice of injury as provided in section\nnine hereof. The commencing of any legal action whatsoever at common law\nor by any statute against the employer on account of such injury, except\nunder the plan, shall bar the employee, and in the event of his death\nhis executors, administrators, dependents and other beneficiaries, from\nall benefit under the plan. This section and sections nine to fifteen,\ninclusive, of this article shall not apply to a railroad corporation,\nforeign or domestic, doing business in this state, or a receiver\nthereof, or to any person employed by such corporation or receiver.\n