Liability & LegalQuestion 104 of 200

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:

a.Workers' compensation, which is the exclusive remedy against the employer for injuries arising out of and in the course of employment
b.A personal-injury lawsuit against the employer in superior court, where the guard can recover pain and suffering as well as lost wages and medical costs
c.A federal Title VII claim, since the injury arose in the workplace and federal employment law governs on-the-job harm suffered by a private employee
d.A small-claims action against the suspect who caused the injury, which is the guard's only route to recovery for medical bills and time away from the post

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 (c) addresses discrimination, not injury. Small claims (d) is the wrong forum for serious injury.

Law Reference: Cal. Labor Code §3600 et seq.

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