EMPLOYER'S LIABILITY

Employers' liability insurance, sometimes known as employment practices liability insurance, protects employers from financial loss if a worker has a job-related injury or illness not covered by workers' compensation.

COVERAGE

The following are the four most common types of claims covered under employer’s liability insurance:

 

Third party over actions. This is also called a third party counter suit, where an injured employee sues an outside party for causing or contributing to an injury, and the third party then sues your business. For example, a worker is injured while operating a forklift in a computer supply warehouse. The employee sues the forklift manufacturer, which in turn sues your company claiming negligence on your part.

 

Loss of consortium. This is when an injured employee’s spouse sues your company, claiming they’ve suffered losses because of the injury.

 

Dual capacity suits. Similar to a third-party claim, these occur when an employee is injured by a product manufactured by the employer. In that case, the employee could sue you both as an employer and as a manufacturer.

 

Consequential bodily injury. This is a lawsuit filed by an injured worker’s spouse claiming illness or injury to the spouse because of the worker’s initial injury. For instance, a spouse claims their high blood pressure and heart attack resulted from stress caused by the original workplace injury

MAJOR EXCLUSIONS

  • Personal injury suffered by an employee to the extent that ACC provides cover
  • Employees sustaining personal injuries arising out of willfully intentional or deliberate conduct of the employer
  • Claims involving or arising out of asbestos or asbestosis; and
  • Claims arising out of terrorism

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