Section 19Part 4 — Alternative Remedies
Election by workman of remedy against employer
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When the injury was caused by the personal negligence or wilful act of the employer or of some person for whose act or default the employer is responsible, nothing in this Law shall affect any civil liability of the employer, but in that case the workman may, at his option, claim compensation under this Law, or take proceedings independently of this Law, but the employer shall not be liable to pay compensation under this Law and damages.
The workman may elect whether he will institute proceedings for damages against his employer or will institute proceedings for compensation under this Law, and if he institute proceedings for damages he shall be debarred from instituting proceedings under this Law in respect of the same accident or if he institute proceedings under this Law he shall be debarred from instituting proceedings for damages against his employer in respect of the same accident. Any written application lodged by the workman with the Clerk of the Court under section 28 shall be deemed to be an institution of proceedings under this Law, and if the workman and the employer agree in writing as to the amount of compensation to be paid under this Law, he shall be deemed to have elected to take proceedings and to recover compensation under this Law, and the workman and his dependants shall be bound by the election.
Cross References
- Section 28 of Workmen S Compensation Act
Reference to written application under section 28 deemed institution of proceedings