Employers’ Liability Insurance And What You Need To Know

March 8, 2024

As a risk or procurement professional, understanding the nuances and necessities of your employers’ liability policy is paramount. This coverage is a critical component in your complex risk machinery.

In today’s increasingly remote and digital world, not only is it important to protect your own workforce, but also ensure your third and fourth parties are adequately protected as well.

Ensuring your third parties maintain robust employers’ liability insurance is the silent sentinel—it stands guard, providing a financial safety net if a third party employee sustains a work-related injury or illness. It’s not just ensuring your third party is complying with your worker’s compensation policy; it’s about fortifying your business against the tidal wave of expenses that can arise from claims and litigation.

The Role of Workers’ Compensation

Workers’ compensation is a form of insurance that provides wage replacement and medical benefits to employees injured during employment. Its principal aim is to safeguard employees against the financial repercussions of work-related injuries or illnesses. 

Workers Compensation coverage includes:

  1. Medical expenses –  medical bills related to work-related injuries or illnesses.
  2. Partial income replacement if injuries or illnesses impede work or lead to disability.
  3. Job retraining costs if the injury prevents continuing previous employment.
  4. Compensation for dependents in case of a worker’s death.

Given the differing legal deadlines and complexities, consulting with an attorney is advisable to understand and pursue rights effectively in the event of a work-related injury or illness.

However, there are limitations, and this is where employers’ liability steps in.

Beyond Workers’ Comp—Employers Liability Insurance

While workers’ comp addresses the direct impact of workplace accidents, employers’ liability insurance extends further. 

Employers Liability Insurance protects your business from consequential bodily injury lawsuits that may stem from an employee’s injury or illness. 

Consider the costs associated with dual capacity lawsuits or loss of consortium claims; employers’ liability coverage is the bulwark that absorbs such shocks.

Consequences in Exempt States

Some states, such as North Dakota, Ohio, Washington, and Wyoming, have their own state funds for workers’ compensation. This means that the costs for workers’ compensation and employer’s liability insurance can vary in these states. 

Still, employers in these jurisdictions face legal exposures that necessitate distinct employer liability coverages.

Why You Should Verify Employers’ Liability Policy of Your Vendors

If your Third Party subcontractor or vendor fails to maintain proper Employer’s Liability Insurance, the repercussions of a third party employee claim can extend far beyond simple fines; you may be exposing your business to serious legal penalties.

Verifying your third and fourth party’s employers’ liability policy isn’t just a box-ticking exercise, it’s a legal and financial imperative. This critical component of your risk strategy ensures that each third party that you work with owns their risk.

Employee Protection

Our workforce – whether that is your own or your third party vendors – is what drives us forward, and protecting them isn’t just a legal obligation—it’s a moral one. Workplace injuries or illnesses are a stark reality, and the right insurance policy ensures that employees affected by work-related incidents receive the financial support they need without undue stress or disruption to their lives.

It’s about doing the right thing, not just the legal thing, and in the process, businesses with a robust risk strategy develop a reputation as a company that genuinely cares.

Financial Security

The consequences of a work-related injury or illness stretch further than the walls of a hospital room—they ripple through to the financial health of your vendor’s business and can also affect your own. 

By verifying your third party vendor’s employers’ liability policy, you preemptively establish a financial shield, securing resources to cover potential medical costs, lost wages, and associated expenses, thereby fortifying your business against the tides of liability.

Reputation Management

A company that verifies and maintains robust liability coverage sends a strong message about its values. 

By prioritizing third party employee welfare, you’re not only encouraging a culture of care within, but also broadcasting to your customers, other partners, and the industry at large that your company is a responsible, honorable entity worth investing in and working with.

Risk Mitigation

Lastly, any business strategy worth its salt aims to proactively reduce risk, not wait to react. Many contracts or agreements with vendors stipulate that they maintain certain levels of insurance coverage, including employers’ liability insurance. Verifying this coverage is in place and meets requirements ensures that vendors are fulfilling their contractual obligations, reducing the risk of liability disputes in case of accidents or injuries involving their employees.

By ensuring that vendors have appropriate employers’ liability insurance, you effectively transfer the risk associated with their employees’ injuries or illnesses to the appropriate insurance provider. This can help mitigate your exposure to financial and legal risks resulting from workplace accidents involving vendor employees.

With the intricacies of workers’ compensation laws and the ever-present threat of litigation, these third party risks can’t be left to manual programs and error-prone human reviews. Businesses require third party risk programs that accelerate due diligence processes and automate the collection and verification of third party evidence of insurance coverage. 

Furthermore, in today’s litigious environment, the need for proactive risk management solutions is more pressing than ever. This is where Evident emerges as the clear choice for COI (Certificate of Insurance) Tracking software. With its advanced capabilities and user-friendly interface, Evident empowers businesses to streamline their third party risk management program, mitigate financial risks, and maintain compliance effortlessly.

By choosing Evident as your COI Tracking software, you can gain peace of mind knowing that it protects your business against unforeseen risks and unlocks a powerful tool for enhancing efficiency and transparency in your insurance management practices.

Are you getting the most out of your risk management strategy? Connect with our team to learn more about how Evident can revolutionize your approach to risk management.

Ben Fogle

A former business strategy and operations consultant for several large firms, including EY and Slalom, Ben Fogle currently serves as the VP of Business Development at Evident where he helps manage the rhythm of the business and leads the partner growth initiatives.

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