California, United States of America
The following excerpt is from Hernandez v. Badger Construction Equipment Co., 28 Cal.App.4th 1791, 34 Cal.Rptr.2d 732 (Cal. App. 1994):
12 Under California workers' compensation law, an employer cannot be sued in tort for an employee's work-related injury. Instead, regardless of fault the employer's sole liability is for workers' compensation benefits paid. The employee may sue any other responsible person for damages resulting from the injury. "In appropriate cases, the employer may also recoup workers' compensation benefits by means of reimbursement from the third party tortfeasor, a lien against the employee's third party tort recovery, or a credit against the tort judgment for benefits otherwise due to the employee in the future. [Citation.]" (DaFonte v. Up-Right, Inc., supra, 2 Cal.4th at p. 598, 7 Cal.Rptr.2d 238, 828 P.2d 140.)
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