A contractor illegally carries no workers' compensation insurance and an employee is injured. The employee may:
Explicación
Labor Code §3706 lets an employee of an employer that failed to secure the payment of compensation bring an action at law for damages as if the workers' compensation division did not apply, and §3708 presumes the injury was a direct result of the employer's negligence, places the burden of rebutting that on the employer, and strips the defenses of contributory negligence, assumption of risk, and negligence of a fellow servant. §3700.5 adds misdemeanor exposure. (a) invents a recovery fund California does not maintain for contractors, which is why the §7071.6 bond matters. (b) is the exclusive-remedy bargain the employer forfeits by going uninsured. (d) inverts the consequence of being uninsured.
Referencia Legal: Lab. Code §3706 / §3708 / §3700.5Practica las 1632 preguntas gratis — sin registro.
Own the complete CSLB Law & Business guide — PDF + EPUB, $24.99 →
Preguntas relacionadas de este tema
- An owner or contractor who wants to remove a recorded mechanics lien from title while still disputing the claim may record a:
- The 20 days for serving a preliminary notice run from the date the claimant:
- Which of the following is the BEST reason a general contractor requires subcontractors to name it as an additional insured and provide certificates of insurance?
- A licensed contractor's required workers' compensation coverage lapses. What is the direct consequence?
- A material supplier who furnishes materials to a subcontractor (not to the owner directly) preserves its mechanics lien rights by serving a preliminary notice on:
- A performance bond on a construction project primarily guarantees to the obligee that:
Última revisión: · proceso editorial