Legal Question in Workers Comp in California

Can an employee sue the employer after an on the jobsite injury that is of no fault of the employer in the state of california? Employer does have and did file with workers comp. Employee fell off of a attatched to the building ladder that the bolts slipped out of facia board .


Asked on 8/20/18, 4:01 pm

1 Answer from Attorneys
Nancy Wallace Nancy Wallace Atty at Law

The Exclusive Remedy for a worker injured on the jobsite in the 'course and scope of employment' is the Workers Compensation Claim -- which IS a lawsuit. So, yes, an employee CAN file the Workers Comp law suit. California Workers Comp is a no-fault system, so the employer's lack of fault is not an issue. Can the employee sue the employer in Civil court for personal Injury? No, it will be dismissed.

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Answered on 8/21/18, 9:07 am


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