(a) The liability of an employer described in 32.0520 and 32.0521 shall be exclusive and in place of all other liability of such employer to the employee, his legal representative, husband or wife, parents. Dependents, next of kin, and anyone otherwise entitled to recover damages from such employer at law or in admiralty on account of such injury or death, except that if an employer fails to secure payment of compensation as required by this chapter or Chapter 32.06, an injured employee or his legal representative in case death results from the injury, may elect to claim compensation under this chapter or Chapter 32.06, and in addition, may maintain an action at law or in admiralty for damages on account of such injury or death. The amount of compensation shall be credited against the amount received in such action. If the amount of compensation is larger than the amount of damages received, the amount of damages less the employee’s legal fees and expenses shall be credited against the amount of compensation.
(b) In such action, the defendant may not plead as a defense that the injury was caused by the negligence of a fellow servant, nor that the employee assumed the risk of his employment, nor that the injury was due to the contributory negligence of the employee.History: 1967, PL 10-15.
Act presumes employer’s liability, but limits recovery and is the exclusive remedy absent allegations of actual intent. Turituri v. Star Kist Samoa, Inc., ASR (1979).
The "exclusive remedy" provision of the Workmen's Compensation Act extinguishes any tortious cause of action against an employer. A.S.C.A. § 32.0522(a). Etimani v. Samoa Packing Co., 19 A.S.R.2d 1 (1991).