No action for injury to an employee of a person required to give a bond under section forty or forty-two shall be brought on such bond if such injury arises out of and in the course of the employment. If claims under any bond filed under either of said sections are established to an amount greater than the penal sum of the bond, such claims shall be paid pro rata to the amount of the penal sum and executions shall issue accordingly. Nothing in the three preceding sections shall deprive a person suffering loss, damage or injury of any other right or remedy provided by law.
Mass. Gen. Laws ch. 148, § 43