California Property & Casualty Broker-AgentCasualty InsuranceHard
An insurance agent is explaining the concept of 'Absolute Liability' in the context of Workers' Compensation to a new business owner. Which statement accurately describes Absolute Liability?
- AThe employer is liable for employee injuries only if negligence on the employer's part can be proven.
- BThe employee is solely responsible for their own injuries if they were negligent.
- CThe employer is absolutely liable for all injuries, regardless of whether they are work-related or not.
- DThe employer is liable for employee injuries regardless of fault, as long as the injury is work-related.
Show answer & explanationAnswer & explanation
Correct answer: D. The employer is liable for employee injuries regardless of fault, as long as the injury is work-related.
Absolute liability, also known as strict liability, means that an employer is held responsible for an employee's work-related injuries regardless of who was at fault (employer, employee, or a third party). This is a foundational principle of Workers' Compensation.
Why the other options are wrong
- A. This describes common law negligence, which Workers' Compensation was designed to replace, not absolute liability.
- B. This is incorrect; Workers' Compensation eliminates the need to prove employee negligence as a defense for the employer.
- C. Absolute liability only applies to injuries that are work-related; employers are not liable for non-work-related injuries.
Absolute Liability (Workers' Comp)
A legal principle in Workers' Compensation stating that an employer is liable for an employee's work-related injuries or occupational diseases, regardless of fault or negligence on the part of the employer, employee, or any third party.
- Applies to work-related injuries.
- Fault or negligence is irrelevant.
- Employer is always responsible for covered injuries.
Memory trick: Absolute liability: no fault, just fact, if it's work-related, the employer's got your back.