What remedies are available to an employee injured in the course of employment?

California, United States of America


The following excerpt is from Hughes Aircraft Co. v. Superior Court, 44 Cal.App.4th 1790, 52 Cal.Rptr.2d 514 (Cal. App. 1996):

"As a general rule, an employee injured in the course of employment is limited to remedies available under the Workers' Compensation Act." (Davis v. Lockheed Corp. (1993) 13 Cal.App.4th 519, 521, 17 Cal.Rptr.2d 233.) Section 3602, subdivision (b)(2) provides an exception: "Where the employee's injury is aggravated by the employer's fraudulent concealment of the existence of the injury and its connection with the employment, ... the employer[ ] [is liable but only for] ... damages proximately caused by the aggravation...."

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