Is an employer liable to an employee for an injury sustained on the job under section 3600 of the Workers' Compensation Act?

California, United States of America


The following excerpt is from Moehring v. Thomas, 126 Cal.App.4th 1515, 25 Cal.Rptr.3d 118 (Cal. App. 2005):

"Section 3600 establishes the conditions under which an employer's liability for compensation established by the Workers' Compensation Act is in lieu of any other liability of the employer to the employee for an injury suffered on the job. Section 3602 provides in turn, with exceptions not relevant here, that when compensation is payable under section 3600, the right to recover compensation is `the sole and exclusive remedy of the employee or his or her dependents against the employer....' A parallel, but not identical, exclusive remedy provision, section 3601, prohibits actions against coemployees for injuries they cause when acting within the scope of their employment." (Hendy v. Losse (1991) 54 Cal.3d 723, 729-730, 1 Cal.Rptr.2d 543, 819 P.2d 1, fn. omitted.)

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