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Do I Need Employers’ Liability Insurance?

Employers’ liability insurance is a type of insurance that protects your business from financial loss if an employee is injured or dies due to their work. It covers the costs of legal fees, medical expenses, and compensation payments that may arise from such claims.

If you employ one or more people, it’s highly recommended to have employers’ liability insurance. Even a small business can face significant financial hardship if an employee is injured on the job. Insurance can help protect your business from unexpected costs and legal challenges.

Of course, not everyone sees the need for this insurance – or feel as though they can afford it. Let’s talk about it in more detail so you can make an informed decision.

What is Employers Liability Insurance?

Employers Liability Insurance, often abbreviated as EL insurance, is a crucial type of coverage. It’s designed to protect businesses from potential financial losses. These losses can arise if an employee suffers a work-related injury or illness.

If this does happen, the employee might file a claim against the employer. This is where EL insurance steps in. It covers the legal costs and any compensation that may be awarded.

It’s important to note that this is different from general liability insurance. The latter covers claims from third parties, not employees.

In essence, EL insurance is a safety net for businesses. It shields them from the financial implications of workplace accidents. It’s not just about protecting the business, but also about ensuring the welfare of employees.

In the UK, most businesses are legally required to have this insurance. It’s a crucial part of responsible business operation.

Do I Need Employers Liability Insurance?

Employers Liability Insurance is a legal requirement for most businesses. If you employ staff, whether full-time, part-time, or even volunteers, you’re legally obliged to have this insurance. It’s there to protect both you and your employees, covering the cost of compensation claims if an employee gets injured or falls ill due to their work.

If your business involves any level of risk to employees, then you definitely need liability insurance. This could be anything from a construction company where physical injuries are a possibility, to an office-based business where employees could develop repetitive strain injuries.

However, there are exceptions. If you only employ family members or if your employees are based abroad, you may not need this insurance. But it’s crucial to check your specific circumstances to ensure you’re not breaking the law.

The consequences of not having Employers Liability Insurance when required are severe. You can be fined up to £2,500 for each day you’re without appropriate insurance. You can be fined £1,000 if you fail to display your insurance certificate or refuse to make it available to inspectors.

Remember, it’s not just a legal requirement, but also a safety net for your business and your employees. Always consult with an insurance broker or legal advisor to understand your specific needs.

Employers Liability Coverage for Different Business Types

Understanding the nuances of employers liability coverage is crucial for all types of businesses. Whether you’re a small business owner, running a limited company, or a sole trader, this insurance plays a vital role in safeguarding your enterprise. So, which type of liability coverage should you get? 

Employers Liability Insurance for Small Businesses

Small businesses often overlook the importance of employers liability coverage. However, it’s a crucial aspect to consider. Even with a small team, accidents can occur. This insurance provides a safety net for such unforeseen circumstances.

It covers the legal costs and compensation claims made by employees who suffer injury or illness due to their work. Without it, small businesses could face hefty fines.

It’s not just about compliance, but also about protecting your business and employees.

Employers Liability Insurance for Limited Companies

For limited companies, the need for Employers Liability Insurance is contingent on the share distribution. If you’re the sole director and own 50% or more of the shares, with no employees, this insurance isn’t mandatory. However, if you hold less than 50% of the shares, or start employing people, it becomes a legal requirement.

The law is strict on this matter. Non-compliance can lead to hefty fines, up to £2,500 for each uninsured day. It’s a risk not worth taking.

Remember, some clients may insist on this cover before you commence work. 

The coverage amount is usually substantial, with a minimum of £5 million, and often up to £10 million. The premium cost depends on various factors, including your business nature, employee count, and previous insurance claims history.

Employers Liability Insurance for Sole Traders

As a sole trader, your relationship with Employers Liability Insurance is unique. You’re not legally bound to have it if your employees are close family members. This includes your spouse, children, or parents. 

Even as a sole trader, if your workforce extends beyond your immediate family, you’re required to have Employers Liability Insurance. This insurance covers costs arising from claims made by your employees during their work, up to the limit defined in your policy.

If you’re the sole director and own 50% or more of the shares with no employees, this insurance isn’t mandatory. But, some clients may require you to have this cover before you start work.

Remember, as an employer, you’re legally obliged to have this insurance. Failure to do so can result in hefty fines, up to £2,500 for each uninsured day.

The coverage usually includes compensation costs and any associated legal fees. Always check with your insurer to understand what your policy covers.

Companies with No Employees: Do They Need Employers Liability Insurance?

A common query is whether a company with no employees requires Employers Liability Insurance. The answer is generally no.

Employers Liability Insurance is designed to cover claims made by employees who have suffered injury or illness as a result of their work.

If a company has no employees, there’s no one to make such claims. Therefore, this type of insurance becomes redundant.

However, it’s crucial to understand the definition of an ’employee’ in this context.In some cases, contractors, volunteers, or even family members working for the business could be considered employees.

So, it’s always wise to seek professional advice to ensure you’re not inadvertently exposed to risk.

Public Liability vs Employers Liability Insurance

Public liability and employers liability insurance, while both crucial, serve different purposes. Public liability insurance is designed to cover costs if your business activities cause injury or property damage to a third party. It’s a safeguard against claims from clients, customers, or members of the public.

Employers liability insurance is a legal requirement for most businesses with employees. It covers the cost of compensation claims made by employees who have been injured or become ill due to their work.

Do Temporary or Seasonal Workers Need Employers Liability Coverage?

The answer is a resounding yes. Even if you employ people on a temporary or seasonal basis, you are still legally obligated to provide them with employers liability insurance. This is because accidents and injuries can occur at any time, regardless of the duration of employment.

Insurance and work go hand in hand, especially when it comes to protecting both the employer and the employee. It’s not just about legal compliance, but also about ensuring a safe and secure working environment.

Remember, insurance is not a luxury, but a necessity. It’s a small price to pay for peace of mind and financial security. So, whether your workers are permanent or temporary, make sure they are covered.

Work Placements and Employers Liability Insurance

Work placements are a common practice in many industries. They provide valuable experience and skills to those looking to enter the workforce. However, they also come with their own set of risks.

Employers’ liability insurance is crucial in these situations. It covers the cost of compensating students or individuals on work placements who may become ill or injured during their tenure.

This insurance is not just a safety net for the employer, but also a legal requirement. It ensures that the individuals on work placements are protected, and their health and safety are prioritised.

Remember, even if you don’t pay someone for their services, you’re still responsible for their wellbeing during their working hours. So, if you employ people on work placements, make sure your employers’ liability policy covers them. 

How Much Does Employers Liability Insurance Cost?

The cost of Employers Liability Insurance can vary greatly. It’s not a one-size-fits-all scenario. The price is often dependent on the nature of your business and the perceived risk involved.

For instance, a construction company with a high risk of workplace accidents may have to pay more for their insurance than a small office-based business.

It’s also worth noting that the number of employees you have can influence the cost. More employees mean more potential claims, which can drive up the price of your insurance.

However, it’s not just about the number of employees. Firstly, the nature of your business plays a significant role. Businesses in high-risk industries, such as construction or manufacturing, may face higher premiums due to the increased likelihood of workplace accidents.

Secondly, the number of people you employ also impacts the cost. More employees mean a higher risk of potential claims, which can drive up the insurance cost.

It’s crucial to have the right cover in place to protect your business and employees. The cost of not having adequate insurance can be far greater than the premium itself.

Final Thoughts on Employers Liability Insurance

Understanding employers’ liability insurance is crucial for any business owner. It’s not just about legal compliance, but also about protecting your business and employees. Remember, the cost of not having adequate cover can be far greater than the premium itself.

Whether you’re a small business, a sole trader, or a limited company, it’s essential to check with your insurer to ensure you have the right cover in place. In the complex world of business insurance, knowledge is indeed power. Stay informed, stay protected.

 

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About the Author

Lucy Cohen, our Co-Founder at Mazuma, is a passionate innovator dedicated to revolutionising the accountancy industry. Over her 21-year career, including 18 years at Mazuma, Lucy has become an industry expert, contributing regularly to trade publications like Accounting Web and authoring acclaimed books such as “The Millennial Renaissance” and “Forget the First Million.” Her accolades include the Director of the Year (Innovation) by the Wales Institute of Directors and the Outstanding Contribution Award at the Accounting Excellence Awards.

Lucy Cohen on Self assessment

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