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employee claims against insurance


grenadier
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Presumably the employee would be claiming from you for negligence?

 

There are no such things as "accidents" anymore according to the insurance companies - so where there is a claim there is blame

 

If you are found to be negligent then I would expect your premiums to rise significantly.............

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Presumably the employee would be claiming from you for negligence?

 

There are no such things as "accidents" anymore according to the insurance companies - so where there is a claim there is blame

 

If you are found to be negligent then I would expect your premiums to rise significantly.............

 

What she said, kind of....

 

For a civil claim (ie your employee Vs your business / you), the employee has to prove beyond the balance of probabilities that..

 

1) They suffered a loss.

2) you owed them a duty of care.

3) you didn't fulfill that duty.

 

The financial payout will be affected by how much the judge feels it was your fault and how much it was "the victims" own fault.

 

If it is felt he was 70% "to blame" this may affect the percentage that he receives.

 

I think any increase in premium will be affected by how much cash the insurance company has to pay out. If its proved to be significantly his fault, it may not be as much as your fear (of course, the insurance company may not bother with court and just make him an offer, in which case, its never decided who was to blame).

 

chin up...

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If someone working for me injures themselves in a genuine accident (branch snap, broke ankle tripping in a rabbit hole etc.), surely they can claim on my employers liability insurance?

 

I'm no expert and havent had any dealings with the above,but, I remember the insurance guy telling me yonks ago that employers liability was just that, liability insurance, it isnt accident insurance.

 

His words not mine though.

 

Seems right though, although no doubt the RA should cover every possible foreseen accident.:001_rolleyes::001_tongue:

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I'm no expert and havent had any dealings with the above,but, I remember the insurance guy telling me yonks ago that employers liability was just that, liability insurance, it isnt accident insurance.

 

His words not mine though.

 

Seems right though, although no doubt the RA should cover every possible foreseen accident.:001_rolleyes::001_tongue:

 

If an employee has an accident whilst working for you, you are "liable" hence the need for employers "liability" insurance.

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Whether its more to do if they have an accident doing something that they shouldnt ie goes against work rules,RA,MS etc I'm not sure.

 

I suppose all you can do is have EL then leave it up to the insurance if a claim is made against you.

 

I would hope that if someone got injured through my negligence they would be duly compensated.

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