Workers’ compensation is the exclusive remedy for a work injury in California, so an injured employee generally cannot sue the employer for negligence, including gross negligence. Labor Code 3602 allows a lawsuit in three narrow situations. They are a willful physical assault by the employer, fraudulent concealment of the injury that makes it worse, and a defective product the employer made and sold to a third party. An employer with no coverage at all loses this protection and can be sued directly under Labor Code 3706.
Related FAQs
A sole owner with no employees may not be required to carry it, but the rules depend on your structure. Confirm before relying on that.
Part B of the policy responds to certain lawsuits alleging employer responsibility for a work injury, beyond the standard benefits.
It depends on how the worker is classified under California law. Misclassification is a common issue, so we recommend you review this with us.
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