2006 New York Code - Consent By Employer And Employee To Compensation Plan.

 
    §  8.  Consent by employer and employee to compensation plan. When and
  if any employer in this state and any of his employees shall consent  to
  the  compensation plan described in sections nine to fifteen, inclusive,
  of this article, hereinafter referred to as the plan, and shall  signify
  their  consent  thereto  in  writing,  signed  by  each of them or their
  authorized agents, and acknowledged in the manner prescribed by law  for
  taking  the  acknowledgment  of  a conveyance of real property, and such
  writing is filed with the county clerk of the  county  in  which  it  is
  signed  by the employee, then so long as such consent has not expired or
  been canceled as hereinafter provided, such employee, or in case  injury
  to  him  results  in death, his executor or administrator, shall have no
  other right of action against the employer for personal injury or  death
  of  any kind, under any statute or at common law, save under the plan so
  consented to, except where personal injury to the employee is caused  in
  whole  or  in  part by the failure of the employer to obey a valid order
  made by the industrial commission or other public  authority  authorized
  to require the employer to safeguard his employees, or where such injury
  is  caused by the serious or willful misconduct of the employer. In such
  excepted cases thus described, no right of action which the employee has
  at common law or by any other statute shall be affected or lost  by  his
  consent  to the plan, if such employee, or in case of death his executor
  or administrator, commences such action  before  accepting  any  benefit
  under  such  plan  or giving any notice of injury as provided in section
  nine hereof. The commencing of any legal action whatsoever at common law
  or by any statute against the employer on account of such injury, except
  under the plan, shall bar the employee, and in the event  of  his  death
  his  executors, administrators, dependents and other beneficiaries, from
  all benefit under the plan. This section and sections nine  to  fifteen,
  inclusive,  of  this  article shall not apply to a railroad corporation,
  foreign or domestic,  doing  business  in  this  state,  or  a  receiver
  thereof, or to any person employed by such corporation or receiver.