Seguros y GravámenesPregunta 1622 de 1632El 80% de los examinados la responde bien

A carpenter is hurt when a scaffold plank he himself installed carelessly gives way. His employer carries workers' compensation. He now wants to sue that employer in court for negligent site maintenance. What is the position?

a.Benefits are denied because he caused his own injury, so a negligence suit is his only route
b.Benefits are denied and no suit lies either, since compensation is the exclusive remedy
c.Benefits are paid, and he may also sue the employer, because the site itself was unsafe
d.Benefits are paid despite his own carelessness, and the claim is his only remedy in court

Explicación

These are the two halves of one bargain. Section 3600(a) makes the employer liable for compensation WITHOUT REGARD TO NEGLIGENCE, so an injured worker who was partly or wholly careless still collects. Section 3602(a) is the price of that: the compensation claim is the sole and exclusive remedy against the employer, so the negligence suit does not lie. The narrow exceptions are elsewhere — a willful physical assault by the employer, fraudulent concealment, a defective product the employer made, or an employer that never secured coverage at all.

Referencia Legal: Labor Code §3600(a); §3602(a)

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Revisado por Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verificar)
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