Right of action against employer or employee
11(1)In any case within section 10, no employer and no worker of an employer within the scope of this Part or dependent of that worker shall have a right of action against any employer within the scope of this Part or against any worker of that employer, where the workers of both employers were in the course of their employment at the time of the accident, but in any case where it appears to the satisfaction of the Commission that a worker of an employer in any class was injured or killed owing to the negligence of an employer or the worker of an employer in another class, the Commission may direct that the compensation awarded in that case shall be charged against the class to which the last mentioned employer belongs.
11(1.1)Subsection (1) does not apply where the worker is injured or killed
(a)
while being transported in the course of the worker’s employment by any mode of transportation in respect of which public liability insurance is required to be carried, or
(b)
as a result of an accident involving the use of a motor vehicle by the worker or any other person.
11(2)Any party to an action may apply to the Commission for adjudication and determination of the plaintiff’s right to compensation under this Part, or as to whether the action is one which the right to bring is taken away by this Part and that adjudication and determination is final.
R.S., c.255, s.10; 1961-62, c.72, s.7; 1973, c.65, s.2; 1981, c.80, s.3, 10; 1989, c.65, s.4; 1994, c.70, s.12