Suffered an injury or illness that was caused by your job?
Employers’ liability insurance could be your new best friend.
A legal requirement for most businesses and employers in the UK; it’s designed to cover the cost of any compensation you may be entitled to. So if you wish to make a claim, it’s important to understand whether your company has it and whether it applies to you.
As a leading specialist in this particular area of the law, here our personal injury solicitors explain the main eligibility criteria for making an employers’ liability claim – and outline the next steps to take if you believe you tick all the right boxes.
Understanding employers’ liability insurance
Does it apply to your specific circumstances?
Does employers’ liability insurance apply to my injury or illness?
Your employer has a legal duty to ensure your health and safety in the workplace.
If they fail in that duty, and you have suffered an accident, injury or illness as a result, they’re deemed negligent or ‘liable’ – i.e. the blame lies with them. And there could be grounds for you to make a claim and seek compensation through their employers’ liability cover.
Employers’ liability insurance covers a range of issues, such as:
- work-related injuries
- accidents sustained at work
- illnesses and diseases contracted in the workplace
- fatalities in the workplace
These issues can arise in pretty much all jobs and professions, and can vary greatly in terms of their nature and severity – but some of the most common examples include slips and trips, industrial diseases, manual handling injuries, falls from heights, post-traumatic stress, etc.
It’s important to note, however, employers’ liability insurance does not apply to all situations in which you may have suffered at work. For example, it does not cover liability for:
- discrimination
- sexual harassment
- wrongful termination
Am I covered by my employer’s insurance policy?
By law, employers’ liability coverage needs to provide cover for everyone employed by the business. Crucially, this includes permanent employees as well as:
- contract employees
- self-employed employees
- casual employees
- seasonal employees
- labour-only subcontractors
- temporary staff (e.g. students, work experience placements)
- volunteers
- advisors
- referees
- marshals
Whether you work part-time or full-time hours, whether you’re on the company’s monthly payroll or work ad-hoc. If you’ve suffered an injury or illness due to the employer’s negligence, you should be entitled to claim through their employers’ liability insurance.
You may even be entitled to claim as a former employee.
Some illnesses can take a while for symptoms to develop. So even if it’s been a long time since you worked for the company, if your illness can be directly linked to your previous working conditions, it may still be possible to make a claim and seek the compensation you deserve.
Which premises are covered by the insurance?
Employers’ liability insurance should cover all of the business’ premises – i.e. anywhere that their employees work. For example, this would include their head office and the main buildings that staff work from, as well as any offshore installations or associated structures.
However, it’s important to say, this type of policy only applies to premises in the UK.
If an employer has premises overseas (and this is where you worked when the injury/illness was sustained), unfortunately, you wouldn’t be protected by their UK employers’ liability cover.
There are also some premises which are unlikely to be covered, as the business or company isn’t legally required to take out insurance. For example, premises associated with:
- public organisations, such as government departments
- health service bodies, such as the NHS
- organisations which receive finance through public funds, such as magistrate committees
Will my employer definitely have an insurance policy?
By law, if the business employs one or more people, employers’ liability insurance cover is essential. If they fail to take it out, they could incur a hefty fine of £2500 for each day they’re not covered.
There are some exceptions to this. For example, if it’s a public organisation, health service, government body or an unincorporated family business (that only employs direct family members). But in most cases, your employer will be legally required to have a policy.
You should be able to see their certificate on the business’ premises or electronically.
It’s also worth noting that, even if the employer is now bankrupt or no longer in business, it may still be possible to make a compensation claim. As long as the business was insured at the time of the incident, it should be possible to trace the insurance policy – and it will still be valid.
Think you could be eligible to claim?
Lots of people suffer an accident or injury at work due to their employer’s negligence.
In fact, according to the latest figures published by the Health and Safety Executive, almost 2 million workers in the UK reported work-related ill health in 2023/24 – all of whom could be entitled to claim compensation through their employer’s liability insurance.
If you’re one of those 2 million, or you believe you meet the eligibility criteria detailed above, it’s worth getting in touch with our personal injury solicitors. Knowledgeable and experienced in employers’ liability, following a quick chat, we can confirm your eligibility, advise on your chances of success, and guide you towards the financial justice you deserve.
In most cases, employers’ liability cases can be completed on a ‘no win no fee’ basis and we offer an initial consultation free of charge. So what do you have to lose by getting in touch? To find out more, either call us on 01744 742360 or send an email to info@sthelenslaw.co.uk.