work for two seperate companies in the same building are both companies liable for a work injury

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work for two seperate companies in the same building are both companies liable for a work injury

one of the companies has workers comp coverage and the other does not if i am injured at work are both companies liable and can i seek civil damages for the company not carrying workers comp coverage?

Asked on May 29, 2018 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) Only the company you are working for at the time you are injured (i.e. the one whose job you are doing then) may be liable. Liability for a work-related injury is based on the employee doing a job for the employer at that time and being injured in the course of employment--just being employed by another employer, or having both employers housed in the same building, does not make the one you are not then working for liable.
2) If an employer does not have worker's compensation, you can sue it for the injury; they are not protected from lawsuit by the worker's compensation laws (under which you get the worker's compensation in lieu of suing).


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