With the rise in litigation culture all over the world it’s only wise to protect yourself from legal liabilities. This phenomenon may present you with tiresome legal procedures and at the end of it, you may have to part with millions of shillings.
The employer’s liability cover is an additional layer to the WIBA policy; it pays legal claims to the employer after WIBA has paid the statutory compensation to the employee.
It protects your company from unseen legal liabilities arising out of negligence on the part of the employer which leads to injuries to or contracting diseases by an employee e.g. an employee getting sick or injured due to failure to provide protective clothing by the employer. It is the duty of the employee to prove that the employer was negligent and that the negligence led to the injury or sickness.
What is considered negligence?
A case is considered negligence if you do not protect your employees from any undue harm or injury by;
• Maintaining the machines, and reducing risks or hazards e.g. supply of gloves, goggles, masks, etc.
• Violating duty e.g. failing to follow through on a complaint or taking appropriate actions to correct the complaint that was filed and an employee ends up emotionally, mentally or physically hurt due to that violation of duty.
• Preventing tangible damages (medical bills, lost wages, pain and suffering and the like) resulting from an injury within the work premises.
What is covered in the employer’s liability policy?
The employer’s liability will indemnify you against these instances when they hold you at fault;
• The cost of hiring a lawyer
• Court cost
• The compensation in case the employee wins a case against you