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Employers Liability Insurance protects employers against the risk of prosecution by employees in respect of work related injuries. Most Employers Liability claims are pursued on the basis that an employer is liable for the employee injuries because the injuries were caused by the employer’s:

  • breach of contract
  • negligence
  • breach of statutory e.g. provisions of the Factories Act, Cap 514.

It is important to note that the employee reserves the right to sue the employer for negligence despite having been compensated under the provisions of Work Injury Benefits Act, 2007.

 

 

Benefits provided under Employers Liability Insurance include:

  • Legal Defence costs these are costs incurred in defending suit/legal action in court.
  • Damages award in monetary terms to be paid to the complainant/plaintiff (employee) for breach of duty by the defendant (employer). Damages are classified into:
    – General Damages compensate the claimant for the non-monetary aspects of harm suffered e.g. pain & suffering, loss of consortium (association), disfigurement, mental impairment, etc.
    – Special Damages compensate the claimant for quantifiable monetary losses e.g. medical treatment, loss of income, additional domestic costs, etc.
  • Cost of Appeal costs incurred in either prosecuting or defending an appeal

 

This policy is ideal for:

  • Individuals who own personal cars
  • Companies with fleets of cars for use in their business
  • Institutions/companies that provide private cars to their staff for using business and private purposes

 

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