Employers and Public Liability Claims and Insurance
Employers and public liability claims
We understand that navigating the complexities of liability claims and insurance is often daunting and challenging for employers and businesses. Our goal is to provide clear, concise and practical information and advice to help you understand these essential aspects of business and commercial risks insurance. We will explain below what employers' liability and public liability claims and insurance are, why they are important, and how they can protect your business.
Employers' liability insurance
Employers' liability insurance is a legal requirement for most businesses that employ staff. This type of insurance protects your business against claims made by employees who have been injured or become ill as a result of their work. It ensures that your business can cover the costs of compensation and legal fees if an employee sues for damages.
Why employers' liability insurance is important
- Legal requirement: In the UK, employers' liability insurance is mandatory for most businesses. Failure to have this insurance can result in significant fines and legal repercussions.
- Financial protection: This insurance covers the costs associated with employee claims, including medical expenses, lost wages, and legal fees. Without it, your business could face substantial financial losses.
- Employee welfare: Having employers' liability insurance demonstrates your commitment to the health and safety of your employees, fostering a positive work environment and enhancing your reputation as a responsible employer.
Common employers' liability claims
Employers' liability claims can arise from various workplace incidents, including:
- Accidents: Slips, trips, and falls are common causes of workplace injuries. If an employee is injured due to unsafe working conditions, they may file a claim.
- Occupational diseases: Long-term exposure to hazardous substances or repetitive strain injuries can lead to claims for occupational diseases.
- Workplace violence: Incidents of violence or harassment in the workplace can also result in liability claims.
Public Liability Insurance
Public liability insurance protects your business against claims made by third parties, such as customers, clients, or members of the public, who have been injured or whose property has been damaged as a result of your business activities. While not legally required, it is highly recommended for businesses that interact and do business with the public and general consumers.
Why public liability insurance is important
- Financial protection: Public liability insurance covers the costs of compensation and legal fees if a third party sues your business. This can include medical expenses, repair costs, and other damages.
- Business reputation: Having public liability insurance demonstrates your commitment to safety and responsibility, enhancing your business's reputation and building trust with clients and customers.
- Contractual requirements: Many clients and partners may require you to have public liability insurance before entering into contracts or agreements.
Common public liability claims
Public liability claims can arise from various incidents, including:
- Accidents on business premises: If a customer slips and falls in your store or office, they may file a claim for compensation.
- Damage to property: If your business activities cause damage to a client's property, they may seek compensation for repairs or replacement.
- Injuries caused by products or services: If a product you sell or a service you provide causes injury or damage, you may face a liability claim (for further information in relation to product liability, see our product liability page.
How Freeths can help
Our experienced team of solicitors specialises in handling employers' and public liability claims. We provide comprehensive legal support to help you navigate the complexities of these claims and ensure that your business is adequately protected.
Contact us today to learn more about how we can help support and safeguard your business against liability risks and claims.
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We pride ourselves on smart pricing, by offering flexible, competitive and market leading fee structures, including monthly subscriptions, bundled legal support services, virtual legal teams, fixed annual retainers, fixed fees, as well as traditional hourly rates.
Our risk and insurance services
- Risk assessment and management: We help you identify potential risks and implement measures to minimise the likelihood of liability claims.
- Claims handling: Our team will manage the entire claims process, from initial investigation to settlement negotiations, ensuring a smooth and efficient resolution.
- Legal representation: If a claim goes to court or arbitration, our solicitors will provide robust legal representation to protect your business interests.
- Insurance advice: We offer expert advice on interpreting your commercial risks insurance policies to ensure that it meets your business needs and provide comprehensive coverage.
Understanding employers' and public liability claims and insurance is crucial for protecting your business and ensuring its long-term success. At Freeths, we are committed to providing the legal expertise and support you need to navigate these complex issues.
Contact us today to learn more about how we can help support and safeguard your business against liability risks and claims.
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Frequently asked questions about handling insurance claims and disputes
We understand that dealing with insurance claims and disputes can be complex and stressful. Our team of experienced solicitors is here to provide you with the guidance and support you need.
Below, we have compiled a list of the top 10 most frequently asked questions about handling insurance claims and disputes to help you navigate these challenges.
An insurance claim is a formal request made by a policyholder to their insurance company for compensation or coverage for a loss or damage covered under their insurance policy. The insurer reviews the claim and, if approved, provides the policyholder with the indemnity or compensation set out within the policy.
Insurance disputes can arise for various reasons, including:
- Disagreements over the interpretation of policy terms and conditions
- Denial of claims due to alleged non-disclosure or misrepresentation
- Disputes over the extent of coverage or the amount of compensation
- Delays in claim processing or payment
- Application of policy exclusions or limitations
To minimise the risk of insurance disputes, consider the following tips:
- Carefully review and understand your insurance policy terms and conditions
- Provide accurate and complete information when applying for insurance
- Maintain thorough records and documentation of your assets and any incidents that may lead to a claim
- Communicate promptly and clearly with your insurer during the claims process
If your insurance claim is denied, you should:
- Request a detailed explanation from your insurer for the denial
- Review your policy to understand the grounds for the denial
- Gather any additional evidence or documentation that may support your claim
- Consider seeking legal advice to explore your options for challenging the denial
A solicitor can provide valuable assistance in handling insurance claims and disputes by:
- Reviewing and interpreting your insurance policy
- Advising you on the merits of your claim and the best course of action
- Assisting with the preparation and submission of your claim
- Negotiating with your insurer on your behalf
- Representing you in mediation, arbitration, or court proceedings if necessary
An insurance adjuster is a professional employed by the insurance company to investigate and assess the validity of a claim. The adjuster evaluates the extent of the loss or damage, determines the amount of compensation, and ensures that the claim is processed in accordance with the policy terms.
Policy exclusions are specific conditions or circumstances that are not covered by your insurance policy. These exclusions are outlined in the policy document and can significantly impact your claim. It is important to review and understand these exclusions to know what is and isn't covered under your policy.
The duration of the insurance claims process can vary depending on the complexity of the claim and the responsiveness of both the policyholder and the insurer. Simple claims may be resolved within a matter of weeks, whereas more complex and higher value claims can take several months or longer. Prompt communication through specialist legal representatives and gathering of comprehensive and relevant documentation can help expedite the claims process.
Subrogation is the process by which an insurance company seeks reimbursement from a third party that caused the loss or damage after compensating the policyholder. This allows the insurer to recover the costs of the claim and helps keep insurance premiums lower for all policyholders.
Yes, you can dispute the amount offered by your insurer if you believe it is insufficient. To do so, you should:
- Provide additional evidence or documentation to support your claim
- Request a re-evaluation or second opinion from an independent adjuster
- Engage in negotiations with your insurer to reach a fair settlement
- Seek legal advice if necessary to explore further options for resolving the dispute
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Disclaimer
Please note that content on this page is intended to be guidance and for information and illustrative purposes only, and is not intended to be legal advice. Please speak to Nick Sutton for specific advice in relation to your particular insurance issue.
We are not insurance brokers and are not regulated by the Financial Conduct Authority. As such we are not able to advise on insurance product availability in the market, quote premiums and/or place insurance cover on your behalf.
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