These exceptions include Dual Capacity, Fraudulent Concealment, Employer Assault or Ratification, Power Press, and Uninsured Employer. The civil suit can be concurrently maintained with a workers' compensation action in all of these circumstances.

The exclusive remedy provision in a workers' compensation insurance policy states that a worker cannot sue an employer for a work-related injury as long as they are receiving benefits from workers' comp. The workers' compensation exclusive remedy provision serves as a compromise between employer and employee.

California's workers' compensation laws generally provide that workers' compensation is the exclusive remedy against an employer for an employee's injury or death that arises during the course and scope of employment.

One example includes product liability, specifically when workers are injured by a product made by their employer, provided they obtained the product as a consumer rather than from their employer (Labor Code § 3602(b)(3)).

The California Workers' Compensation Act provides that the exclusive remedy of an injury to an employee arising out of and in the course of employment is the right to recover workers' compensation benefits. (Lab. Code, secs. 3600(a), 3602(a).)

First Report of Injury or Illness -- Forms 122C and 122E. Form 122C is used by the insurance carrier or self-insured employer to report an injury to the injured worker. Form 122E is used by the employer to report an injury to the injured worker and its insurance carrier or the Division, if uninsured.