According to the American Insurance Association (AIA), late last week, the California State Supreme Court unanimously ruled that businesses hiring contractors to perform work are not liable if an employee of the contractor is hurt or killed on the job. The Court found that remedies are available to injured workers and their families under the workers’ compensation insurance system.
The AIA commended the 6-0 decision written by Justice Janice Rogers Brown in the case of Camargo vs. Tjaarda Dairy.
Mark Webb, AIA vice president, western region, said the Court’s decision significantly reaffirms the principle of exclusive remedy, which he described as the cornerstone of the workers’ comp system.
The ruling bars employees or their relatives from suing the business that hired the independent contractor to complete work. Eva Camargo filed the case on behalf of her husband, Alberto Camargo, who died when his tractor turned over while removing manure on the Tjaarda Dairy in 1996.
Topics California Workers' Compensation
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