Insurance & LiensQuestion 568 of 1605
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 1605 questions free — no signup required.
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Reviewed by Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verify)