Limitations

No action can be brought against a worker or an employer by an eligible claimant for a personal injury, disease, or death suffered by another worker during the course of their employment.

Additionally, no person can bring an action for contribution or indemnity against a worker or employer who is immune from legal action under this section for a personal injury, disease, or death suffered by another worker during employment.

Exceptions

There are exceptions to these restrictions. Including:

• An action against a worker who was not acting within the scope of their employment.

• An action against an employer who was not acting within the course of their business.

• An action against an employer who is not the employer of the worker who suffered the injury, disease, or death, or another worker employed by that employer, if the injury, disease, or death is caused by a vehicle or transportation mode and is covered by a liability insurance policy.

Maximum liability

The maximum liability for an employer or worker falling under the exception mentioned above is limited to the amount payable under the liability insurance policy for personal injury, disease, or death.

Dispute

If there is a dispute regarding whether a person is immune from legal action under this Act, any party involved in the action can apply to the Appeals Tribunal to determine the person's immunity. Upon receiving the application, the Appeals Tribunal may request the Commission to authorize an inspector to investigate, inquire into, and report on the matter.

NWT Worker’s Compensation Act s.62, 63