Nowell v. Stone Mountain Scenic Railroad

Deen, Chief Judge.

The Workers’ Compensation Act, Code § 114-103, provides in part: "The rights and the remedies herein granted to an employee shall exclude all other rights and remedies of such employee ... at common law or otherwise, on account of such injury, loss of service, or death.” In exchange for the right to recover scheduled compensation without proof of negligence on the part of the employer in those cases in which a right of recovery is granted, the employee forgoes other rights and remedies which he might otherwise have had, but if he accepts the terms of the Act he as well as…