An employee's injury is aggravated by the employer's fraudulent concealment of the injury and its connection with the employment. Which liability applies?

• A. Employee liability to another employee
• B. Public liability
• C. Third-party liability
• D. Employer personal liability

Answer: (D)

When an employer fraudulently conceals a work-related injury and its link to employment, the normal workers’ compensation exclusive remedy does not shield the employer from civil liability. The intentional act of fraud makes the employer personally liable for damages to the employee, separate from any workers’ comp claim. This is known as employer personal liability.

This isn’t about liability to another employee, a public entity, or a third party. It’s about the employer being held personally responsible for fraud related to a work injury, beyond the workers’ compensation system.