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Employer’s Liability Insurance – Benefits both the parties

Published: 14/12/09

This insurance is usually a part of the workers compensation policy and is essential to protect the employer against any employee claims alleging negligence on the part of the employer. Though the interests of employees are well covered under the statutory benefits that they are entitled to, in some cases when the employer also happens to be the manufacturer and the product manufactured by him causes some harm to the employee, then the employee can go ahead and sue the employer for negligence. It is to guard against eventualities that employers need to be adequately protected and the employer’s liability insurance is the best option to ensure this. Please note that it does not cover sexual discrimination, sexual harassment or termination of the employee in an unfair manner.

Over the years the premium for this kind of insurance has been steadily increasing. One contributing reason for this has been the increasing number of cancer claims registered by workers who are situated at asbestos sites and are exposed to the harmful effects of that chemical. This has led insurance companies to guard their risk adequately and they have steadily been increasing the premium amount to ensure that they remain profitable. Employers too have been extra careful in taking precautions and have been asking for employer’s liability insurance with the result the demand has been very robust. This has also emboldened insurance companies to hike up the premium as they know that it will be gladly paid.

Some jurisdictions do not allow the inclusion of additional coverage, such as the employer’s Public liability insurance, into the already existing compensation policy since it is construed as being ultra careful before the event. In such cases, it is the smaller businesses that suffer as they can get huge claims to settle which could potentially wipe out their capital.

This insurance offers good protection to both the employer and employee. It is reflected very favourably in three types of situations. The first is when the employee falls sick; the second is when he gets injured and the third extreme case of his death. In each of these instances, the employee as well as the employer is covered by the policy and they do not have to shell out huge sums in meeting these exigencies. Of course, the payout by the insurance company depends on factors such as who takes responsibility if it is an accident that has taken place as if it is due to the negligence of the employee, then the employer needs to pay nothing.

It is important to be aware that taking this insurance is a legal compulsion and those who do not take it can be punished by way of a fine that is levied for each day’s delay in taking such coverage. The certificate of insurance that has been taken needs to be displayed for the employees to notice and needs to be displayed on the company notice board or on the website.

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