Employer's Liability Insurance
Employer's Liability Insurance
Employer's Liability Insurance offers protection to you and your business, in the event of any liability arising from injury or illness sustained by anybody who is employed by you. Employer's Liability Insurance also enables employees injured as a result of an employer's negligence to seek compensation, even if the business goes into liquidation or receivership.
The cost of Employers Liability is usually determined by the nature of work and historic claims experience. Some trades and occupations would be regarded as High Hazard such as Demolition Contractors or Contractors working with Asbestos. Office and Clerical based businesses would be lower risk but still face traditional trip and slip in the workplace situations and repetitive strain injuries ( RSI ) as examples.
Regardless of the level of risk or hazard any business that employs full or part time staff must arrange Employers Liability Insurance.
WHAT’S COVERED BY EMPLOYER'S LIABILITY INSURANCE?
The following are covered by Employer's Liability Insurance:
- Cover for claims made against you if an employee's killed, injured or contracts an illness or disease whilst working for you in connection with your business.
- Employer's Liability Insurance also covers you for the claimant's costs and expenses plus the cost of your legal representation at a Coroner's Enquiry, and in any Court proceedings made against you by an employee.
- Costs and expenses incurred in the defence of a prosecution relating to the welfare of employees under the Health and Safety at Work Act 1974. This is also extended to cover the Education (Work Experience) Act 1973.
RISKS OF FAILING TO ARRANGE EMPLOYER'S LIABILITY INSURANCE
Failure to arrange Employer's Liability Insurance could lead to one or all of the following:
- You could lose your business: a liability claim against your business could be huge and could lead to damages of millions of pounds being awarded against you. For most businesses this would spell financial ruin.
- You could also be held personally liable and even face criminal charges if you are found to have acted negligently.
- You risk being fined up to £2,500 for each day that you do not have the appropriate insurance by the Health & Safety Executive (HSE).
WHAT’S AN EMPLOYEE?
In general, you need Employer's Liability Insurance for someone who works for you if:
- You deduct national insurance and income tax from the money you pay them.
- You have the right to control where and when they work and how they do it.
- You supply most materials and equipment.
- You have a right to any profit your workers make although you may choose to share this with them through commission, performancepay or shares in the company. Similarly, you will be responsible for any losses.
- You require that person only to deliver the service and they cannot employ a substitute if they are unable to do the work.
- They are treated in the same way as other employees, for example, if they do the same work under the same conditions as someone you employ.
It may be on a part-time basis, a full-time employee, students on work experience courses, a self- employed sub-contractor, a person working on a trial basis and even voluntary workers. All are technically employed by you, because they are under your instruction and working for you.
WHO NEEDS EMPLOYER'S LIABILITY INSURANCE?
Employer's Liability Insurance became a legal requirement in 1972 as a direct result of the 1969 Employer's Liability Act. The current minimum legal requirement is £5m of cover against bodily injury, illness or disease sustained in the course of employment.
EMPLOYER'S LIABILITY INSURANCE CLAIMS EXAMPLES
- Manual handling accidents.
- Falls from height
- Accidents caused by defective equipment, tools or machinery.
- Slips, trips and falls in the workplace.
- Accidents as a reult of lack of training.
- Accidents due to inadequate supervison or managment.
- Injuries caused by other employees.
- Repetitive Strain Injury ( RSI )
- Asbestos and other "long tail" industrial claims.
- Failure to provide adequate safety equipment os safe working environment.