Our guide to Employers’ Liability

So what is Employers' Liability?

Employers' liability is where an employer is responsible for an accident, injury or illness which occurs to someone through their work with them. This means that the employer is liable as they have been negligent in their duty of care towards the person. 

Employers' liability is not liability for other situations at work such as:

• discrimination
• sexual harassment
• wrongful termination

Is it the same thing as Occupiers' Liability? 

Employers' liability is not the same as occupiers' liability although they are very similar - they both concern accidents and injuries on premises, as well as a duty of care. 

Occupiers' liability is the liability of the person who has control over premises and for an accident which occurs to a person lawfully on the premises.

Which premises are covered by Employers' Liability?

Employers' liability should cover all premises they use for their business where people work. So, for example, this would include an employer's head office as well as the main building staff work from. If the employer uses offshore installations or associated structures, for example, these will also be included. 

However, employers' liability insurance applies to premises in the UK. So, if an employer has premises overseas, these will not be covered by their UK employers' liability insurance. There are also premises which are not covered by employers' liability as they are not legally required to take out this insurance. For example:

• public organisations such as government departments
• health service bodies such as NHS buildings
• some organisations which receive their finance through public funds such as magistrate courts committees

What does Employers' Liability cover?

Employers' liability covers compensation costs and damages should you suffer an injury or an accident at work. It also covers when an employee becomes ill at work. In addition, employers' liability covers the legal fees associated with an accident at work claim. 

However, employers' liability insurance does not only cover permanent employees of the employer. Employers' liability insurance also covers:

• contract employees
• self-employed contractors 
• casual employee
• seasonal employee
• ex-employees
• labour-only subcontractors
• temporary staff such as student and work experience placements
• those who take part in the training
• volunteers
• adviser
• referees
• marshalls

However, to check if someone is covered by employers' liability insurance it is best to seek legal advice. 

When does Employers' Liability apply?

Employers' liability applies when an employee or another category of a person such as those listed above suffers an injury at work or becomes ill due to their work.

You should note that if an employer is no longer in business, it may still be possible to make a compensation claim as their insurance can sometimes be traced.  

Does my employer have to have liability insurance?

Employers' liability insurance is one of the primary types of business insurance. By law, an employer must have employers' liability insurance if they have any employees unless these are all family members.  If they fail to take out employers' liability insurance they can incur a fine of up to £2.500 daily.  

The amount of employers' liability insurance should normally be to cover at least £5 million. However, this will of course vary depending on the type of business and risks involved. You should be able to see your employer's liability insurance certificate on the premises or see it electronically.

Think you could be entitled to make an accident at work claim?

If you have suffered an injury or accident at work, your employer may be liable. If so, you might be able to make an accident at work claim with National Accident Helpline. An employer's liability claim can apply for a range of types of accidents and injuries in the workplace, such as an accident in the office or through manual handling in the workplace.

If you have been injured or suffered an accident at work which was not your fault but that of your employer, we can give you free and independent advice about making a personal injury compensation claim. Our no-win no fee policy means you can make a claim with us and lose nothing financially.  Try our online compensation calculator to give you an idea of the amount your potential compensation could be. Call National Accident Helpline now on . Or, if you prefer, request a call back here or start your claim online.