Insurance & LiensQuestion 1551 of 1632

Under California's workers' compensation system, an employee injured on the job generally receives benefits:

a.On a no-fault basis, as the exclusive remedy against the employer
b.Only after a court apportions fault between employer and employee
c.Only where the employer's negligence caused the injury at work
d.Only where the employee bore no share of the fault involved

Explanation

Labor Code §3600 provides benefits without regard to fault for injuries arising out of and in the course of employment, and §3602 makes those benefits the employee's exclusive remedy against the employer — the bargain at the centre of the system. (b) and (c) describe the tort regime workers' compensation replaced, where the worker had to prove negligence and litigate fault. (d) imports contributory negligence, which is exactly what the no-fault rule abolishes; an employee's ordinary carelessness does not forfeit benefits.

Law Reference: Labor Code §3600 / §3602

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