Employers’ Liability (Compulsory Insurance) Act 1969/Employers’ Liability (Compulsory Insurance) Regulations (1998)

Employers must maintain approved policies with authorised insurers. This is to cover liability for bodily injury or disease their employees may suffer in the course of their employment. Insurers must issue a Certificate of Insurance to employers who take out or renew policies. Employers must display the certificate, or a copy, at each place of business for the information of the employees, retain them for 40 years and present them for inspection by HSE. The insurance must be for at least £5 million for any one occurrence.

Employers’ liability insurance

Covers the insured’s legal liability for bodily injury or disease to employees if caused during the period of insurance. The policy also covers the insured’s own costs and pays for solicitors’ representation at inquests and courts of summary jurisdiction. Cover does not apply to injury or disease caused outside the UK except for UK-based employees. Policy extensions relate to principal’s clause, unsatisfied court judgements and, less frequently, retrospective cover. The normal limit of indemnity is £10 million for any one occurrence. See EMPLOYERS’ LIABILITY (COMPULSORY INSURANCE) ACT 1969.

Employers’ Non-Ownership

This endorsement provides coverage for the insured when an employee occasionally drives his or her personal vehicle on company business. For example, if an insured sends an employee to the post office in the employee’s car and the employee has an accident in which he or she is at fault, the non-owned coverage pays on behalf of the employer. The employee’s personal auto insurance will likely deny coverage since the accident took place in the course of business.There is no coverage under this endorsement for the employee, however. That is, the business is protected against the employee’s negligent acts regarding the use of the automobile, but the employee is not. This can be remedied by adding an endorsement that adds employees as insureds under the business’ automobile policy.

Employers’ Liability

An employer is liable under law towards the employees to pay compensation in respect of injury or disease arising out of and in the course of employment. The employers’ legal liability for “employment” accidents may arise due to (a) Personal negligence of the employer, (b) The employer’s negligence in failure to use reasonable care and skill in the provision and maintenance of suitable an safe plant, safe place to work and safe system of work, (c) Breach of statutory regulations in regard to the safety of employees e.g., Factories Act, (d) Personal negligence of fellow employees, (e) Negligence of employees in the performance of their employment duties. As against the employer the employee is in a relatively weak position and it would be most difficult for him to successfully prove negligence on the part of the employer and claim compensation. As such, the Workmen’s Compensation Act was brought into existence which is now named Employee’s Compensation Insurance. See Also: “Employee’s Compensation Insurance .”