The liability of an employer prescribed in § 9104 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, any and all third party claimants who may generally possess a claim for contribution among joint tortfeasors against the employer, or anyone otherwise entitled to recover damages from such employer at law or in admiralty on account of such injury or death; provided that, if an employer fails to secure payment of compensation as required by this Title, an injured employee or his legal representative, in case death results from the injury, any elect to claim compensation under this Title, or to maintain an action at law or in admiralty for damages on account of such injury or death. 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.

SOURCE: GC § 37005. Amended by P.L. 19-035:1 (Dec. 30, 1988).