Workers’ Compensation Coverage Extended for Injuries Entirely Related to Discrimination

Safety & Workers' Compensation

The California Labor Code § 3600 was amended to state that whenever a third party injures or kills an employee because of their personal beliefs relating to the perception of the injured or dead employee’s race, religious creed, color, national origin, age, gender, disability, sex, or sexual orientation; no personal connection or relationship will be found to exist. 

A very narrow exception exists for workers’ comp injuries that does not hold the employer responsible if an injury occurs entirely due to a personal connection or relationship.

COUNSEL TO MANAGEMENT:

Employers will now be responsible for injuries to an employee at work caused by a third party that are completely motivated by discrimination and entirely unrelated to work.

Employers must take precautions to make sure to the best of their abilities that employees are safe from any third party that could harm them while they are at work.  However, because “personal connection” exception was so narrow, this new law will not greatly affect most employers.