This is a very thought provoking question! An interesting case developed in California regarding whether an injured child is barred by the “workers compensation exclusive remedy rule.”
In the case, a child’s in utero injury suffered by virtue of the mother’s employment during pregnancy is compensable to the injured child against the mother’s employer apart and separate from workers compensation
. Though a fetus’s injury must by necessity come via, or from, the mother (inside her body), it does not depend upon injury to the mother (for example a mother ingesting a toxin that may cause small harm to the mother but permanent injury to fetus). For this reason, the workers compensation exclusive remedy rule does not apply to the now injured child, and the child has a remedy at law directly against the employer.
This is an issue you can discuss with your California child accident lawyer too. If you have additional questions or concerns, you can call me directly at (619) 813-7955.
Legal Research for this FAQ: 78
See Turpin v. Sortini
(1982) 31 C3d 220, 235-237, 182 CR 337, 346-347; Johnson v. Super. Ct. (California Cryobank, Inc.)
(2002) 101 CA4th 869, 887, 124 CR2d 650, 664. 79 Fein v. Permanente Medical Group
(1985) 38 C3d 137, 211 CR 368; and see MICRA.