What remedies are available to an employer held liable under section 413 of the California Civil Code for on-the-job injuries?

Finally, the hirer held liable under section 413 is not without remedy when a substantial degree of fault lies with the contractor. Like any other third party held partly at fault for an employee's on-the-job injury, the hirer is entitled to (1) a reduction in the judgment "by an amount attributable to the employer's [contractor's] proportionate share of fault, up to the amount of workers' compensation benefits paid" (DaFonte v. Up-Right, Inc., supra, 2 Cal.4th at p. 599, 7 Cal.Rptr.2d 238, 828 P.2d 140), and (2) limitation of the judgment for noneconomic damages, pursuant to Civil Code section 1431.2, to the amount proportionate to the third party's (hirer's) own share of fault (DaFonte v. Up-Right, Inc., supra, at p. 604, 7 Cal.Rptr.2d 238, 828 P.2d 140). Cases presumably exist in which this formula leaves the third party responsible for more than its fault-proportionate share of economic damages. Any unfairness in that result, however, is an unfairness the law imposes on all third parties who negligently contribute to on-the-job injuries, not only on hirers of independent contractors.