Under what circumstance does exclusive remedy for injury or death not apply?

The exclusive remedy provision in California workers' compensation law is designed to limit an employee's ability to sue an employer in tort for work-related injuries or deaths. This protection is generally upheld unless specific exceptions apply.

The correct circumstance under which the exclusive remedy does not apply is when there is intoxication or if the employee is the initial physical aggressor. In these situations, the employee may be barred from claiming workers' compensation benefits against the employer due to engaging in egregious behavior or actions that lead to the incident. Intoxication typically indicates a disregard for safety policies, while being the initial aggressor suggests that the employee instigated the harm. Both factors can establish that the actions taken by the employee were outside the bounds of typical workplace conduct, thus allowing for potential legal action against the employer.

Understanding this allows one to see how specific behaviors or circumstances can create exceptions to the otherwise broad protections workers’ compensation laws provide, emphasizing the importance of workplace safety and personal responsibility. Other options may involve situations where the exclusive remedy still applies, as they do not constitute the same level of misconduct or deviation from expected behavior in the workplace.