Insurance & LiensQuestion 568 of 690
An employee is injured on the job while working for an employer who has unlawfully failed to obtain workers' compensation insurance. Under California Labor Code §3706, the injured employee may:
a.Recover only the WC schedule of benefits and nothing more
b.Recover only unpaid wages, but cannot sue for the injury
c.Bring a civil action for damages against the employer in addition to pursuing WC benefits
d.Recover only from the contractor's $25,000 license bond
Explanation
Labor Code §3706 strips an uninsured employer of the exclusive-remedy shield. The injured worker may sue the employer in civil court for damages (with several presumptions favoring the employee) on top of seeking benefits from the Uninsured Employers Benefit Trust Fund.
Law Reference: Labor Code §3706Practice all 690 questions free — no signup required.
Related questions on this topic
- An owner of a private residential project withholds final payment because of disputed change-order work. Absent a genuine good-faith dispute, the owner must generally pay the direct contractor the final retention within how long after completion?
- On a private work of improvement, a supplier serves a stop payment notice on the construction lender. To make the notice "bonded" so the lender is obligated to withhold funds, the supplier should provide a bond equal to:
- A contractor abandons a private project before it is finished and the owner records a Notice of Cessation after work stops for a continuous period. The Notice of Cessation primarily serves to:
- An employee injured while working for an uninsured employer cannot collect from the employer because the employer is insolvent. The worker may apply for benefits from:
- Under California workers' compensation, medically necessary treatment by chiropractors, physical therapists, and occupational therapists for a single industrial injury is generally capped at:
- The amount a doctor or hospital may bill the workers' compensation insurer for treating an injured worker is governed primarily by:
Last reviewed: · editorial process
PrepPass Editorial Team · Verified against California CSLB Contractor License Law & Business Exam · How we review