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?

An employer is 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," regardless of negligence. (Lab. Code, 3600.) ¹ Such payment is the employee's exclusive remedy against his employer. ( 3601.) However, when the injury is caused by a third party, both the employer and the employee are entitled to bring suit against the third party. ( 3852.) ² A workers' compensation insurer has the same right to sue as an employer. ( 3850 subd. (b).) The time for bringing such a suit, whether commenced by the employer or the employee, is governed by the one year statute of limitations in Code of Civil Procedure section 340, subdivision 3. (County of San Diego v. Sanfax Corp. (1977) 19 Cal.3d 862, 140 Cal.Rptr. 638, 568 P.2d 363.)