N.Y. WKC Law § 53

§ 53. Release from liability. An employer securing the payment of\ncompensation by contributing premiums to the state fund shall thereby\nbecome relieved from all liability for personal injuries or death\nsustained by his employees, and the persons entitled to compensation\nunder this chapter shall have recourse therefor only to the state fund\nand not to the employer. An employer shall not otherwise be relieved\nfrom the liability for compensation prescribed by this chapter except by\nthe payment thereof by himself or his insurance carrier. The provisions\nof this section shall not apply to the state of New York, as an employer\nexcept to the extent that the fund has provided insurance coverage on an\nactuarially sound basis to the state pursuant to the provisions of\nsection eighty-eight-c of this chapter. To the extent that the fund has\nnot provided insurance coverage on an actuarially sound basis pursuant\nto section eighty-eight-c of this chapter, any state employee or other\nperson entitled to compensation under this chapter as a consequence of\npersonal injuries or death of a state employee shall have direct\nrecourse therefor only to the state.\n