(1) Where the injury was caused by the personal negligence or wilful act of the employer or of any other person for whose act or default the employer is responsible, this Act shall not prevent proceedings to recover damages being instituted against the employer in a civil court independently of this Act.

(2) A judgment obtained under subsection (1) whether for or against the employer is a bar to proceedings at the suit of a person by whom, or on whose behalf, the proceedings were taken, in respect of the same injury under this Act.

(3) A judgment obtained under this Act whether for or against the employer is a bar to proceedings at the suit of a person by whom, or on whose behalf, the proceedings were taken, in respect of the same injury independently of this Act.

(4) An agreement between the employer and employeee in accordance with section 14 is a bar to proceedings by the employee in respect of the same injury independently of this Act.

(5) Where in proceedings independently of this Act or on appeal, it is determined that the employer is not liable, the Court in which the proceedings are taken or the appellate tribunal may proceed to determine whether compensation under this Act is liable to be paid to the plaintiff and may assess the amount of compensation so payable, but may deduct from the compensation the extra costs which in the opinion of the Court or appellate tribunal have been incurred by the employer by reason of the proceedings having been taken independently of this Act.

(6) Where in proceedings independently of this Act it is determined that

(a) damages are recoverable independently of this Act; or

(b) the employer would have been liable to pay compensation under this Act,

subsection (5) shall apply as if the action had been dismissed, and, if the claimant chooses to have compensation assessed and awarded in accordance with subsection (5), damages shall not be recoverable in that action.

(7) Where an employee or the employee's personal representative or dependant has recovered compensation under this Act from a third party in respect of an injury caused under circumstances which would give a right to recover reduced compensation in respect of the injury because the employee had been at fault, the right conferred by section 23 on the person by whom the compensation was paid, or on a person called on to pay an indemnity under section 22, to be indemnified by the third party shall be limited to a right to be indemnified in respect of that part only of the sum of money paid or payable by the that person as bears to the total sum of money so paid or payable the same proportion as the reduced damages bear to the total damages which would have been recoverable if the employee had not been at fault.