§ 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.