California Labor Code

§ 3602

LAB § 3602 Effective Jan 1, 2013Div. 4 · Part 1 · Ch. 3

Statute text

(a)Where the conditions of compensation set forth in Section 3600 concur, the right to recover compensation is, except as specifically provided in this section and Sections 3706 and 4558, the sole and exclusive remedy of the employee or his or her dependents against the employer. The fact that either the employee or the employer also occupied another or dual capacity prior to, or at the time of, the employee’s industrial injury shall not permit the employee or his or her dependents to bring an action at law for damages against the employer.

(b)An employee, or his or her dependents in the event of his or her death, may bring an action at law for damages against the employer, as if this division did not apply, in the following instances:

(1)Where the employee’s injury or death is proximately caused by a willful physical assault by the employer.

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Legislative history

Amended by Stats. 2012, Ch. 868, Sec. 1. (SB 1177) Effective January 1, 2013.