Can an employee sue his or her employer for physical assault?
California, United States of America
The following excerpt is from Lee v. Yang, B266853 (Cal. App. 2017):
Labor Code provides an employee may sue his or her employer, notwithstanding the exclusive remedy provision of workers' compensation, "[w]here the employee's injury ... is proximately caused by a willful physical assault by the employer." ( 3602, subd. (b)(1); see also Soares v. City of Oakland (1992) 9 Cal.App.4th 1822, 1828-1829 [discussing legislative intent].)
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