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What is employers' liability insurance?

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.

Who needs employers' liability insurance?

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.

What’s covered and not covered under employers' liability insurance?

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 typeIncluded? (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.

Types of insurance claims common to employers' liability insurance

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:

Workplace sickness

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.

Equipment-related injury

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.

Mental health troubles

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.

How much does employers’ liability insurance cost?

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.

How to get the cheapest employers’ liability insurance quote

It's easy — if you know how. Here are some of the best ways to lower your commercial insurance premiums:

Shop around

We'll show you competitive rates from top commercial insurance providers. 

Bundle up

Most insurance providers offer discounts if you bundle insurance policies under one roof. Ask your provider.

Improve workplace safety

Implement safety measures and training programs to reduce chances of injury.

Work with a broker

An experienced broker can help you find the best rates and coverage options.

Stay claims-free

Insurance companies want to know you are low risk. Staying claims-free can help reduce risk and costs.

Pay annually

Many insurance companies will offer a discount, given that lump sum payments reduce their administrative costs.

Get certified

Safety certifications demonstrate your commitment to workplace safety. This can help lower premiums.

Know your needs

Get clear on what your business's risk factors are to make the most cost-effective decisions about your coverage.

Increase deductibles

Choose a higher deductible amount to keep your premiums low.

Review coverage regularly

As your business grows or changes, review your coverage to avoid paying a chunk on assets you no longer own.

Opt for the essentials

Identify your business' main risks, and make sure you’re well-covered against them. Pass on extra coverage to keep costs low.

Hire experienced staff

Experienced employees are less likely to have accidents, which can lower your risk profile.

Your questions about employers' liability insurance in Canada, answered.

I have commercial general liability coverage. Do I still need employers' liability insurance?

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.

Will I still need employers' liability insurance if my employees are all self-employed and self-proprietors?

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.

Will I still be covered if I'm sued by an employee’s relatives?

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

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.

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