Wilkinson v. Achber

Since the enactment of RSA ch. 281, it has been the law in this jurisdiction that the exclusive remedy against an employer for accidental injury or death of an employee arising out of and in the course of his employment is that afforded by the Workmen’s Compensation Law, unless the employee has previously elected not to accept the provisions of the law as provided by the statute. RSA 281:2 III, 12. Porter v. Barton, 98 N. H. 104; Carbonneau v. Company, 96 N. H. 240. Since the parties in the pending action have agreed that the decedent did not so elect, and that the defendant was an employer…