SB 781

This bill eliminates the right of action in tort by an injured employee against

certain third parties by reason of the injury if the injured employee has the right to

make a claim for compensation against his or her employer under the worker's

compensation law.

Under current law, worker's compensation is the exclusive remedy for an

employee who is injured while performing services growing out of and incidental to

his or her employment, except that, subject to certain exceptions, an injured

employee may claim worker's compensation from his or her employer and bring an

action in tort against a third party for damages by reason of the injury. Current law

also provides that certain specified types of employee are prohibited from making

claims against certain third parties, such as a “temporary help agency” or “employee

leasing company,” if the injured employee makes a claim for compensation under the

worker's compensation law.

The bill prohibits an injured employee from maintaining an action in tort

against certain third parties, specified under current law, regardless of whether the

employee makes a claim for compensation under the worker's compensation law

against his or her employer. For example, an injured employee of a temporary help

agency engaged in work for the employer to which the employee is placed or leased

may not maintain a tort action against the employer to which the employee is placed

or leased if the employee has the right to make a claim for compensation under the

worker's compensation law.