Door to ‘Peculiar Risk’ Recovery Is Slammed Shut

By: Cal-OSHA

Another way to view the "peculiar risk" doctrine is as an offshoot of dual employer status. While Cal-OSHA can apply the latter to citations for safety and health violations, lawyers have used the former to seek civil damages for injured employees. And there is a huge difference between civil damages and OSHA penalties.The California Supreme Court, in a decision issued on June 1, determined that an injured worker is restricted to workers' compensation. He cannot also collect civil dama

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