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
Giải thích
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.
Trích dẫn luật: Labor Code §3600(a); §3602(a)Luyện miễn phí toàn bộ 1632 câu hỏi — không cần đăng ký.
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Câu hỏi liên quan cùng chủ đề
- The $25,000 figure most commonly associated with California contractor licensing is:
- SB 1455 (Stats. 2024, ch. 485) moved the date on which B&P §7125 requires every licensee, with or without employees, to carry workers' compensation. From what date does that requirement apply?
- Until January 1, 2028, which of these licensees, working alone with no employees, may file the exemption from workers' compensation instead of carrying a policy?
- A stop order is served on a contractor found employing six workers with no workers' compensation coverage. One of the six is later found to have a compensable injury from the uninsured period. Which assessments does Labor Code §3722 authorize?
- A laborer cuts his hand on Monday and needs stitches. He files the DWC-1 claim form on Wednesday. The carrier has neither accepted nor rejected the claim. What must the employer do, and how far does its liability run?
- An owner hired a registered professional engineer under a written contract to design a warehouse and obtained the building permit with those drawings, then shelved the project and never paid the fee. The owner still owns the site. May the engineer record a lien?
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Đội ngũ PrepPass · Đối chiếu với California CSLB Contractor License Law & Business Exam · Quy trình kiểm tra
Người kiểm duyệt Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — kiểm tra)