EmploymentQuestion 1000 of 1605
An employee of an illegally uninsured contractor is injured on the job. What special legal right does the injured worker gain because the employer had no coverage?
a.The right to sue the employer in civil court for damages, where the employer cannot use common-law defenses
b.No additional rights; the worker's only remedy is a standard claim
c.The right to have the CSLB pay the medical bills directly
d.The right to collect double wages from the state
Explanation
Under Labor Code §3706, when an employer fails to secure workers' compensation, the injured employee may bring a civil action for damages. In that suit the employer is barred from asserting the usual defenses such as employee negligence, making an uninsured employer's exposure far greater than the workers' comp system alone.
Law Reference: Labor Code §3706Practice all 1605 questions free — no signup required.
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Sen Lin, PrepPass Founder · Verified against California CSLB Contractor License Law & Business Exam · How we review
Reviewed by Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verify)