California Labor Code 3853 – If either the employee or the employer brings an action against such …
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If either the employee or the employer brings an action against such third person, he shall forthwith give to the other a copy of the complaint by personal service or certified mail. Proof of such service shall be filed in such action. If the action is brought by either the employer or employee, the other may, at any time before trial on the facts, join as party plaintiff or shall consolidate his action, if brought independently.
(Amended by Stats. 1980, Ch. 582.)
Terms Used In California Labor Code 3853
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Employee: includes the person injured and any other person to whom a claim accrues by reason of the injury or death of the former. See California Labor Code 3850
- Employer: includes insurer as defined in this division. See California Labor Code 3850
- Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Labor Code 18
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.