A guard is injured while restraining a combative suspect during a lawful citizen's arrest. Under California Labor Code §3600 et seq., the guard's primary remedy for medical care and lost wages is:
Explanation
California Labor Code §3600 et seq. establishes workers' compensation as the exclusive remedy for industrial injuries — those 'arising out of and in the course of employment.' The employer trades off potential tort liability for no-fault, limited benefits (medical care, temporary/permanent disability, vocational rehabilitation, death benefits). Direct tort suits against the employer are barred by §3602 except in narrow exceptions (intentional employer assault, dual capacity). The guard may still pursue third parties — like the combative suspect — in tort (§3852). Title VII (b) addresses discrimination, not injury. Small claims (c) is the wrong forum for serious injury.
Law Reference: Cal. Labor Code §3600 et seq.Practice all 200 questions free — no signup required.
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