Everyone workplace carries risks of accidental injury. In some cases, the operation of the business seems normally benign, whereas other businesses are dangerous because of the nature of their operations. It’s for these reasons that employers liability insurance often is required.
Employer’s liability insurance is a kind of coverage through which employers are protected from liabilities arising from disease, fatality, or injury to employees resulting from workplace conditions or practices.
Consider this scenario: A printing employee spills some ink while filling the wells of a printing press. As he turns to get something to wipe up the spill, a co-worker slips in the liquid, falls and breaks a wrist. Even though the incident is clearly an accident, the employer could be held liable for the employee’s injury.
The employer is legally liable for the employee’s injury and any losses resulting from it, such as medical expenses or lost pay. That’s the reason for employer’s liability insurance.
Employer’s liability insurance belongs to an insurance type known as “risk financing.” For example, the now-famous firm Lloyd’s of London was founded by a group of shipping company owners who created a common fund to repay their costs when ships were lost.
The practice began when individuals or companies facing common risks banded together to create a fund to compensate any member that suffered loss. For instance, the famous insurance firm Lloyd’s of London was founded by a group of shipping company owners to repay its fund subscribers when ships were lost at sea. Today there are insurance carriers, including Lloyd’s, who specialize in liability insurance.
By paying a premium to the insurer, the insurer gains protection from what’s known as “third-party claims.” This means a claim brought by someone who’s not party to the contract between the insurer and the insured. In our scenario above, the injured employee could file a claim for lost wages and/or medical expenses against the employer’s liability insurance. In fact, the employer might even help the employee file the claim, rather than have to pay the employee’s expenses out of company revenues.
When an employee makes such a claim, however, the insurance carrier may choose to defend itself and the insured against having to pay. Lengthy legal battles can occur in regards to a liability claim, especially in cases where the responsibility for the injury or illness is complex and uncertain.
Many higher risk employees are engaged in one of the businesses that are typically required to have employer’s liability insurance. Others include building contractors, factories, counselors, physicians and other professionals. The deciding factor in all cases is whether the individual or company engages in a type of business likely to put employees at risk.
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