Worker’s compensation is a no-fault insurance program California employers are required to carry. “No-fault” means the injured worker is not required to prove that another person or entity was negligent or otherwise caused his or her injury. Workers’ compensation is a worker’s exclusive remedy only in those cases where the injury arises out of conditions of employment.
Workers’ compensation insurance will provide benefits to injured employees, such as temporary disability, medical expenses, and if appropriate, permanent disability. While these benefits are certainly better than no benefits, the remedy available to workers can be inadequate to compensate injured workers for all harms and losses suffered.
There are exceptions to the exclusive remedy rule that include (1) dual capacity; (2) fraudulent concealment; (3) employer assault or ratification; (4) power press; and (5) uninsured employer. This is why it is imperative you consult with an attorney regarding your case to determine whether one of the exceptions to the exclusive remedy rule applies, providing grounds for a civil suit.