Can a plaintiff in a workers' compensation case claim vicarious liability of an employer for torts of the employee?

California, United States of America


The following excerpt is from Church v. Arko, 142 Cal.Rptr. 92, 75 Cal.App.3d 291 (Cal. App. 1977):

Thus, while workers' compensation cases can be helpful in determining vicarious liability of the employer for torts of the employee, such cases are not controlling. (Castro v. State of California, supra, 70 Cal.App.3d 156, 159, 138 Cal.Rptr. 572.)

Other Questions


Does section 2750.5 of the Workers' Compensation Act grant immunity from liability in a personal injury action at law even if the employer's insurer is not responsible for payment of workers' compensation benefits to the injured employee? (California, United States of America)
Does the California Workers' Compensation Board have exclusive jurisdiction over a claim that the independent adjuster of a self-insured employer has delayed or failed to pay a workers' compensation award? (California, United States of America)
Is an employer liable for payment of workers' compensation to an employee when the employee sustains an injury arising out of and in the course of the employment? (California, United States of America)
Is a plaintiff barred from pursuing a tort claim for the same injury as a worker's compensation claim? (California, United States of America)
How have courts treated vicarious liability claims against a government employee who is not identified as an employee? (California, United States of America)
Can an employer be held liable for a worker's compensation claim where the employee is injured in a motor vehicle accident? (California, United States of America)
Can a claim be made against a claim that there is no assumption of liability or assumption of liabilities by the claim? (California, United States of America)
What is the test for determining vicarious liability of an employer in a workers' compensation case? (California, United States of America)
Can an employee sue an independent claims administrator of a self-insured employer for failure to pay workers' compensation benefits? (California, United States of America)
Is there any case law where a homeowner who hires an unlicensed employee as an employee under section 2750.5 of the California Code of Civil Procedure (i.e. workers' compensation and general liability) is liable to the homeowner? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.