Can an employer recover workers' compensation benefits from an employee who was injured in a workplace accident?

"Where the tort of a third party causes injury to an employee, Labor Code section 3852 permits the employee to sue the tortfeasor for all damages proximately resulting from the injury even though he or she has received from an employer workers' compensation benefits covering some of the same injuries and resulting disability. To prevent an employee from retaining both third party damages and workers' compensation benefits for the same injuries and disabilities, the Labor Code permits an employer to recover workers' compensation benefits it has become obligated to pay and/or has paid by (1) bringing an action directly against the tortfeasor ( 3852), (2) joining as a party plaintiff or intervening in an action brought by the employee ( 3853), or (3) allowing the employee to prosecute the action and then applying for a first lien against the amount of the employee's judgment [citation]. [] Where, . . . the employer intervenes, its status is akin to that of a subrogee. [Citations.] Its right to recover workers' compensation benefits derives from and does not extend beyond the employee's tort remedy against the negligent third party. [Citation.]" (Demkowski v. Lee (1991) 233 Cal.App.3d 1251, 1257-1258.)

Page 6