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Small or large businesses must protect themselves from risks that can occur at their workplace, and potentially, impact their bottom line.
As an employer, it is important to recognize the everyday possibility of your employees suffering from work-related injuries or illnesses. Employers’ liability insurance covers you against losses that are (a) not covered by general liability insurance and (b) do not fall under any workers’ compensation insurance protections.
If you are a business owner with any amount of employees who can suffer injuries or illness at work (or even death), you should consider this form of insurance.
Although not mandatory, employers’ liability insurance is usually purchased as part of a commercial general liability policy. Many vendors or partners you encounter may also require you to have this insurance coverage to do business with them. Not having this coverage can leave you and your business vulnerable to debilitating costs.
Some risks are covered by worker’s compensation, some fall within employer insurance, and some areas where claims can be made are not covered at all.
Coverage type | Included? (YES/NO) |
---|---|
Workplace injury or illness: Should an employee sue you for workplace injury or illness, you’ll get covered. This also includes coverage for medical bills and lost wages. | YES |
Insufficient worker’s compensation: If the compensation you provide for potential liability risks is inadequate, this will cover the difference. | YES |
Injury caused by worker negligence: If an accident occurs due to inadequate supervision or not following safety protocols, it will not be covered. | NO |
Wrongful dismissal, discrimination and harassment: If an employee is mistreated in any way at your workplace, your legal fees will not be covered. | NO |
Claims brought against professional services: If your services lead to accusations of negligence and similar claims, this coverage would not protect you. You should look into professional liability insurance instead. | NO |
Damage caused by the vendor or faulty product: Damage due to a vendor’s negligence or faulty products aren't covered. | NO |
Damage to your building equipment: If an employee damages your equipment, you are not covered. | NO |
It’s important to make sure you are covering all bases to protect your business. General liability may already cover some areas or other commercial insurance protections you already have. Speak with your insurance provider about what you are covered for and where you might need additional coverage.
There are countless variants of employers’ liability claims, so it wouldn’t be possible to list them all here. That said, here are some examples:
Let’s say you work out of an old building, with an outdated HVAC system. Due to the lack of maintenance, the system causes some of your employees to have respiratory problems. They, in turn, sue your company, causing you to lose $183,000 on legal fees, lost wages and medical bills.
Your employee injured another employee using your company’s equipment, preventing the injured employee from working. Both blame the injury on your company’s poor supervision and safety protocols. You get sued and are forced to pay $93,000 for medical bills, legal expenses and lost wages.
The amount of work causes your employee to suffer a nervous breakdown and is forced to take a leave of absence to improve their mental well-being. As a result, they sue your company for not doing anything to prevent the issue. The legal fee and monetary judgement amount to $42,000.
Every workplace is different, and the dynamics specific to your business will affect your employers’ liability insurance costs. That said, small business owners in Canada can expect to pay somewhere in the low thousands per year for decent coverage.
Some of the biggest factors that will impact your premiums include:
These and other issues can affect your cost and the general price range for employers’ liability insurance. Searching comparison sites like LowestRates.ca or talking to your broker can give you a better sense of what your specific costs will be.
It's easy — if you know how. Here are some of the best ways to lower your commercial insurance premiums:
We'll show you competitive rates from top commercial insurance providers.
Most insurance providers offer discounts if you bundle insurance policies under one roof. Ask your provider.
Implement safety measures and training programs to reduce chances of injury.
An experienced broker can help you find the best rates and coverage options.
Insurance companies want to know you are low risk. Staying claims-free can help reduce risk and costs.
Many insurance companies will offer a discount, given that lump sum payments reduce their administrative costs.
Safety certifications demonstrate your commitment to workplace safety. This can help lower premiums.
Get clear on what your business's risk factors are to make the most cost-effective decisions about your coverage.
Choose a higher deductible amount to keep your premiums low.
As your business grows or changes, review your coverage to avoid paying a chunk on assets you no longer own.
Identify your business' main risks, and make sure you’re well-covered against them. Pass on extra coverage to keep costs low.
Experienced employees are less likely to have accidents, which can lower your risk profile.
Commercial general liability and employers’ liability coverage affect two separate areas of your business. The former protects your business from losses caused by damage to your property, theft and production defects, and more. However, it does not cover claims of injury or illness brought against you by your employees. That’s what the latter is for.
This is a case-by-case scenario. If you are hiring true subcontractors with their own insurance, using their own tools, and have other clients, it’s likely you would not need extra employers’ liability insurance for them.
However, if a worker supplies only labour and works regular hours for you on an ongoing basis, they would be considered your worker. Therefore, you will need employers’ liability insurance.
Employers’ liability insurance provides some coverage for third-party claims. This may come from the spouse or immediate family of an employee who is injured or killed at work. Talk to your insurance provider to understand the breadth of your coverage in third-party claims.
Joel Kranc
About the Author
Joel Kranc is an award-winning writer, author and journalist. Most of his experience lies within the institutional investment and financial services space. He also covers a variety of business topics for publications in North America and the UK.