What Is California Labor Code §4558: Power Press Guard Removal?

(b) An employee, or his or her dependents in the event of the employee's death, may bring an action at law for damages against the employer where the employee's injury or death is proximately caused by the employer's knowing removal of, or knowing failure to install, a point of operation guard on a power press, and this removal or failure to install is specifically authorized by the employer under conditions known by the employer to create a probability of serious injury or death.

What Is Power Press Guard Removal Under California Labor Code 4558?

This law lets a hurt worker sue the employer when a boss knowingly ordered a power press guard removed or left off.

Most work injuries in California go through workers' comp only. A short list of laws lets a worker step outside that system. This is one of them.

It covers one hazard: a power press. That is a machine that uses a die to cut, shape, or form material. The law applies when that press runs without the guard the maker built or called for.

The law does not cover ordinary negligence or a guard that simply failed on its own. It needs a named boss who, on purpose, ordered the guard off or skipped it before anyone got hurt. That boss had to know the risk was serious. This rule has applied since 1982 and has not changed since. Eman Yazdchi is a Certified Specialist in workers' compensation law, certified by the California Board of Legal Specialization, State Bar of California.

What has to be proven to win a Labor Code 4558 case?

A worker must show a specific boss ordered the guard off, or skipped it, on purpose, knowing the risk was serious.

The law defines "employer" narrowly. It means one named person: an owner or supervisor who could direct and control workers before the injury. It is not just "the company" in general.

"Specifically authorized" means that person gave a real order to remove or skip the guard before anyone got hurt. Finding out later, or simply allowing it once discovered, does not count.

Removing a guard and never installing one count the same way under the law. Either path can support a claim, if a named boss ordered it and knew the risk was serious.

What is the power press maker's role in a section 4558 claim?

Without proof the maker required the guard and told the employer, there is no claim under this law.

The law calls the press maker the "manufacturer." It sets one more condition on the whole claim. The worker must show the maker designed, installed, required, or specified the guard, and told the employer. Proof can come from any source: a manual, a purchase order, a service record, or a repair note.

This claim targets the employer, not the press maker. A separate claim can target the maker under ordinary product rules, if the press itself was poorly designed or built. That kind of third-party injury claim can run alongside a workers' comp claim. If the maker is sued too and a court finds the maker liable, the maker usually cannot force the employer to help pay that judgment. The one exception: once the worker already holds a judgment against the employer under this law, and the employer has not paid its share, the maker may then seek contribution from the employer.

What happens to my workers' comp benefits if I win a power press case?

Comp already paid gets credited against a later court recovery. The two do not simply add together.

File the comp claim first, on its normal deadline, no matter what. Under Labor Code 3600, if a later lawsuit under section 4558 wins a judgment or settlement, the comp paid so far gets credited against it. Once that credit covers the net recovery, the employer owes no more comp for that injury.

How does this law connect to other California rules?

It sits next to the no-fault comp system and the serious and willful penalty, but works differently from both.

Normally, comp is an employee's only remedy against an employer. Labor Code 3600 and Labor Code 3602 both name section 4558 as an exception to that rule.

It is not the same law as Labor Code 4553. That law raises a comp award by one-half for serious and willful misconduct, but keeps the case inside the comp system. A power press case under this law is a real civil lawsuit, filed in superior court, seeking the kind of damages a jury can award.

Labor Code 3852 covers a related but separate situation: a lawsuit against an outside party, like a press maker, running alongside a comp claim.

What should an injured worker or family save after a power press accident?

Save anything that shows what guard the press needed, who could have ordered it off, and what the maker knew.

• The press maker's manual or guard instructions
• Purchase, install, and repair paperwork for the press
• Any memo or work order about the guard
• Incident reports and photos of the press and the guard area
• Names of the supervisors who controlled that area
• Medical records tying the injury to the missing guard

Power press injuries often cause amputation or crush injuries. The firm reviews each case on its own facts and does not take every case. Call (661) 273-1780 or use the contact form.

A power press case turns on specific facts: who had the power to order the guard off, what the maker required, and what that person knew. Yazdchi Law P.C. reviews each power press matter on its own facts and does not take every case. Call (661) 273-1780 or use the contact form so the firm can look at the records.