(1) This chapter applies only to a claim for damages against a worker’s employer in relation to an injury that was caused by—(a) the negligence or other tort (including breach of statutory duty) of the worker’s employer; or(b) a breach of contract by the worker’s employer.
(2) Subsection (1) (a) applies even if damages resulting from the negligence or other tort are claimed in an action for breach of contract or other action.