Legal Question in Employment Law in California

Re: california workmans compensation

Basically speaking, all employers in California are required to carry worker's compensation insurance to provide for medical expenses and other losses which result from a workplace injury. Worker's compensation is considered to be the "exclusive remedy" for an employee who is injured at work.

As an example, if you are in a private automobile accident which causes an injury, your remedies would include the right to sue the negligent driver in civil court, with judge and jury, for recovery. However, if you experience the same injury while on the job, your "exclusive remedy" is to file a claim with the employer's Worker's Compensation carrier.

Please note there are exceptions. Injuries resulting from intentional wrongful conduct (i.e., an assault) or other "torts" (emotional and physical distress resulting from discrimination or retaliation) would not fall under the Worker's Compensation exclusivity rule, which applies only to injuries sustained during the "normal course and scope" of the employment relationship.