The following Insurance & Reinsurance practice note Produced in partnership with Suzanna Prescott of Kennedys provides comprehensive and up to date legal information covering:
It is long established that an employee who has suffered an injury, or contracted a disease in the workplace as a result of an employer’s negligence or breach of statutory duty is entitled to compensation for such injury and associated losses. In what was probably an attempt to reduce the extent of strict liability on employers, the Enterprise and Regulatory Reform Act 2013, subject to limited exceptions, removed civil liability arising from a breach of the regulations enacted pursuant to the Health and Safety at Work etc Act 1974.
Historically, it has not always been the case that an employer had to insure against such eventuality. Prudent employers would of course; however some did not, leaving the rather unsatisfactory question as to whether they provided ‘value for the money’ when faced with a claim for compensation.
Consequently, and with a desire to enhance safety in the workplace, the Employers’ Liability (Compulsory Insurance) Act 1969 (EL(CI)A 1969) was born. Indeed since 1972 when EL(CI)A 1969 came into force, it has been compulsory for employers to have employers’ liability insurance.
Since the coronavirus (COVID-19) pandemic and the worldwide lockdown in 2020, an employer should also consider, and notify its current employer’s liability insurance provider of, any changes in the way that they are doing business which may impact on the cover provided. ‘Disease’ under the
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