Employer Liability Cover: As an employer, how are you prepared for eventuality?

by Wakili Liam
Fire fighters battle huge blaze near Lunga Lunga Square in Industrial Area, Nairobi.

Yesterday, a fire destroyed a paint factory in Nairobi’s industrial area and with it destroyed property worth millions.

Luckily no one died in the afternoon inferno.

However, what if it killed a staff member (s)? How would the company protect itself from the lawsuits that follow?

This is where the Employer’s Liability Insurance comes in.

The employer’s liability cover is an additional layer to the Work Injury Benefits Act (WIBA) policy; it pays legal claims to the employer after WIBA has paid the statutory compensation to the employee.

It protects the 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
    Contact us today for your employer liability quote and the next steps in buying

Mahakamani News is Kenya’s top court reporting and crime coverage website. If you have a case that needs coverage, or if you are facing injustice from powerful forces, fired unfairly or reporting any corruption or relevant news pertaining judiciary etc please contact us via cases@mahakamani.news

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