California § 3708. 3708. (Amended by Stats. 1977, Ch. 17.)

California Statutes

§ 3708. — 3708. (Amended by Stats. 1977, Ch. 17.)

California § 3708.

JurisdictionCalifornia

Code LABLabor Code - LAB

Div. 4.DIVISION 4. WORKERS' COMPENSATION AND INSURANCE

Part 1.PART 1. SCOPE AND OPERATION

Ch. 4.CHAPTER 4. Compensation Insurance and Security

Art. 1.ARTICLE 1. Insurance and Security

This text of California § 3708. (3708. (Amended by Stats. 1977, Ch. 17.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Cal. Labor Code - LAB Code § 3708. (2026).

Text

In such action it is presumed that the injury to the employee was a direct result and grew out of the negligence of the employer, and the burden of proof is upon the employer, to rebut the presumption of negligence. It is not a defense to the employer that the employee was guilty of contributory negligence, or assumed the risk of the hazard complained of, or that the injury was caused by the negligence of a fellow servant. No contract or regulation shall restore to the employer any of the foregoing defenses.
This section shall not apply to any employer of an employee, as defined in subdivision (d) of Section 3351, with respect to such employee, but shall apply to employers of employees described in subdivision (b) of Section 3715, with respect to such employees.

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In such action it is presumed that the injury to the employee was a direct result and grew out of the negligence of the employer, and the burden of proof is upon the employer, to rebut the presumption of negligence. It is not a defense to the employer that the employee was guilty of contributory negligence, or assumed the risk of the hazard complained of, or that the injury was caused by the negligence of a fellow servant. No contract or regulation shall restore to the employer any of the foregoing defenses.
This section shall not apply to any employer of an employee, as defined in subdivision (d) of Section 3351, with respect to such employee, but shall apply to employers of employees described in subdivision (b) of Section 3715, with respect to such employees.