The employer's personal liability is described as which of the following?

• A. The sole and exclusive remedy of the employee or his/her dependents against the employer
• B. A shared liability with the insurer
• C. A remedy only available in court upon request
• D. An optional remedy that the employee may reject

Answer: (A)

The key idea is the exclusive remedy rule in California workers’ compensation. When an employee is injured on the job, the employee’s remedies against the employer are limited to the workers’ compensation benefits, and the employer cannot be sued for damages in a personal capacity for those injuries. This is the employer’s personal liability described as the sole and exclusive remedy available to the employee or his or her dependents against the employer.

So why this is correct: the law aims to provide guaranteed benefits without the need for litigation, in return for giving up the right to sue the employer for tort damages. In a self-insured plan, the employer still funds or ensures those benefits, but the employee’s recourse against the employer remains the exclusive workers’ compensation path, not a shared liability with the insurer, not a court-only remedy, and not optional.