A. When in the course of work in any of the employments or occupations enumerated in section 23-803, personal injury or death by an accident arising out of and in the course of such labor, service and employment, and due to a condition or conditions of such occupation or employment, is caused to or suffered by a workman engaged therein, in all cases in which the injury or death of the employee is not caused by the negligence of the employee killed or injured, the employer is liable in damages to the employee injured or, in case death ensues, to the personal representative of the deceased for the benefit of the surviving widow or husband and children of the employee or, if none, then to the employee’s parents or, if none, then to the next of kin dependent upon the employee or, if none, then to his personal representative for the benefit of the estate of the deceased.

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B. The action shall not be maintained unless commenced within two years from the day the claim or cause of action accrued.