Wednesday, December 5, 2012

Employer's Liability Insurance: Are You Protecting Your Business?


Do you employ other staff? Do you deal with hazardous substances?

You may want to review your employer's liability insurance.

Recently, a Gemma Taylor, working as a waitress in a County Durham hotel, accidentally opened a bottle of industrial cleaner; suffering corneal abrasion and burns to her face and chest. It is said that she had accidentally knocked the bottle whilst searching for tissue in an unlit store cupboard. Ms Taylor maintains that the bottle top was not secure and that the labels were turned to the wall, making the hazard less obvious.

Any business dealing with hazardous chemicals will usually know that to abide by appropriate health and safety legislation, such substances must be stored safely and secure, and so the procedures for implementing this must be clear.

The owners of the hotel, Whitworth Hall County Park Ltd, state that there are adequate procedures in place and that they should be followed

An investigation later showed that there were indeed such procedures in place for storing chemicals but they were improperly managed.

As a result, the holding company was later fined £8700 and £3229 in costs. Thus illustrating that employer's liability insurance is in fact a worthwhile investment. It is better to have it and not need it, than to need it and be found wanting.

Joanna Waller, a spokesperson for Durham County Council stated that: "This case should serve as a warning to other businesses... it is not enough for employers to simply have risk assessments and procedures written down - they must also make sure their staff are aware of them and follow them properly"

John Hurrell, chief executive of Airmic, has advocated the importance of public liability insurance, commenting that it "is almost inconceivable" that a company would not require such cover.

As such, it is unwise to cut back on employer's liability insurance when experiencing financial difficulties. When experiencing such difficulty, the costs of such a case could be ruinous and much more expensive than the cost of a comprehensive liability insurance policy.

The reason why employer's liability is so important is because of its scope. The legal definition of an 'employee' is very wide, and this makes a business much more vulnerable than its owner may realise. There have been cases in the past where family members have been doing favours for their kin, only to receive injuries and later make a claim. As we have seen, it only takes one bottle of cleaner without a top on to cost a business over £10,000 and so it would be ill advised for a business to disregard the cover that would protect them in such an event.

It is also important that a business prevents such accidents occurring by closely monitoring their health and safety practices so that those responsible for enforcing them can be disciplined where standards are not being met.

If you have any concerns about your employer's liability insurance cover, consult with an expert business insurance broker.

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