Report No. 62

3.39. Section 3(5).-

Under section 3(5) a workman has no right to compensation in respect of any injury if he has instituted "in a civil court" a suit for damages in respect of the injury against the employer or any other person. Conversely no suit for damages shall be maintainable by a workman "in any court of law" in respect of any injury, if he has instituted a claim to compensation for that injury before a Commissioner or if an agreement has been "come to" between the workman and the employer regarding compensation for such injury.