(1) The rights and remedies granted to an employee subject to this chapter, on account of personal injury or death by accident, including a minor whether lawfully or unlawfully employed, shall exclude all other rights and remedies of the employee, the employee's personal representative, dependents or next of kin, at common law or otherwise, on account of the injury or death.
(2) No employer who fails to secure payment of compensation as required by this chapter, shall be permitted to defend the suit upon any of the following grounds, in any suit brought against the employer by an employee covered by this chapter or by the dependent or dependents of the employee, to recover damages for personal injury or death arising from an accident: The employee was negligent;
(3) The injury was caused by the negligence of a fellow servant or fellow employee; or
(4) The employee had assumed the risk of the injury.
(5) This section shall not be construed to preclude third party indemnity actions against an employer who has expressly contracted to indemnify the third party.