What Is California Labor Code §3708: Burden of Proof Against an Uninsured Employer?

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.

What does California Labor Code 3708 do when an employer has no insurance?

It shifts the burden of proof to the employer and removes three common defenses.

California law requires nearly every employer to carry workers' compensation insurance. Labor Code 3700 sets that duty. Some employers ignore it anyway. When that happens and a worker is hurt, Labor Code 3706 lets the worker sue in civil court. The worker does not have to rely only on the workers' compensation system. Labor Code 3708 is the rule that applies inside that civil case. It presumes the employer was negligent. It then puts the job of disproving that presumption on the employer, not on the worker.

This rule covers workers whose employer broke the insurance law and who sue under Labor Code 3706. It is a narrow rule about proof. It does not change how an ordinary workers' compensation claim works. It also does not reach every household worker, as the next section explains.

How does Labor Code 3708 change who has to prove what?

The law assumes the employer was negligent. The employer must disprove it.

In a typical negligence case, the hurt person has to prove the other side was careless. Labor Code 3708 flips that order here. Once the worker's case fits Labor Code 3706, the law already treats the employer as negligent. The employer must then offer proof strong enough to overcome that presumption. Section 3708 sets no deadline of its own. It sets no dollar amount either. It only changes how proof works inside the lawsuit.

Which common legal defenses can't an uninsured employer use under Section 3708?

Three defenses that often slow down a negligence case are blocked here by law.

Outside this statute, an employer might argue the worker shares some blame. It might argue the worker accepted a known danger. It might blame a coworker's mistake instead. Labor Code 3708 removes each of those arguments. No contract can bring them back. No regulation can either.

Does Labor Code 3708 apply to every employee of an uninsured employer?

No. Most household workers are carved out, then a smaller group is carved back in.

Labor Code 3708 does not apply to an employee described in subdivision (d) of Labor Code 3351. That subdivision covers people who work in or around a home for personal reasons, not a business. The same sentence then brings back a narrower group. That group is described in subdivision (b) of Labor Code 3715. Which side of that line a job falls on depends on its exact hours and duties.

How does a Labor Code 3708 lawsuit fit with a workers' compensation claim?

A worker does not have to choose. The civil case and a comp claim can run together.

Labor Code 3715 lets the same worker file a claim with the Workers' Compensation Appeals Board too. This can happen alongside the civil action. Labor Code 3711 and the Uninsured Employers Benefits Trust Fund can help on that side of the claim. They matter most when the employer itself cannot pay. This uninsured employer case study shows how these pieces fit together in a real construction injury. For a wider view of the claim process, see how California workers' comp works.

An injured worker does not need every detail sorted out before asking for help. Start with proof of the job. Pay stubs, schedules, texts, and emails about work all help. Add proof of the injury too, such as how it happened, any witnesses, and medical records. Keep anything about insurance as well. A written request asking the employer for proof of coverage is useful, as is the employer's response or silence. Eman Yazdchi reviews uninsured employer cases individually. He can explain whether a Labor Code 3706 lawsuit, a workers' compensation claim under Labor Code 3715, or both fit the facts. Call (661) 273-1780 or use the contact form to start that conversation.