Section 53. Release from liability  


Latest version.
  • 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.