Is Employers’ Liability Insurance Necessary for Startups?

Starting a new business venture brings many responsibilities, including the well-being and safety of your employees. As a startup founder, it’s crucial to understand your legal obligations and take appropriate measures to protect your business and employees. Employers’ liability insurance plays a vital role in providing financial protection and meeting legal requirements in the United Kingdom. This article will explore what employers’ liability insurance entails, why it is necessary for startups, and how it can safeguard your business and employees.

What is Employers’ Liability Insurance?

Employers’ liability insurance is one of a host of business insurance products. In the United Kingdom, employers’ liability insurance is a legally required coverage for businesses that employ workers. Employers’ liability insurance protects you, the employer, from financial loss arising from an incident your employee may have at work. Such an incident may lead to your employee suffering an illness or receiving an injury. In the worst cases, your employee may die due to a workplace incident. This insurance covers the costs of compensation claims made by employees or their families and any associated legal fees.

Is Employers’ Liability Necessary for My Startup?

If your startup employs anyone, you must have an employers’ liability policy that provides at least £5m in coverage. This requirement also applies to startups, regardless of their size or the number of employees. Failing to comply with this legal obligation can result in severe penalties, including hefty fines.

The exception to this rule is if:

• you are the sole director of your startup; 
• you own at least 50% of the share capital; and 
• your company has no other employees or directors. 

In this case, you do not need employers’ liability insurance under the law. 

What is the Purpose Behind Employers’ Liability Insurance?

Financial Protection 

Employers’ liability insurance provides financial protection to startups by covering the costs associated with employee injury or illness claims. Let us suppose one of your employees gets injured or falls ill due to their work. Your employers’ liability insurance policy will ensure that your startup has the funds to payout any: 

• compensation claims; 
• medical expenses; and
• legal costs.

Legal Compliance

By obtaining employers’ liability insurance, startups fulfil their legal obligation to provide their employees with a safe and secure working environment. This insurance demonstrates your commitment to employee well-being. Further, by obtaining this insurance, your startup meets the legal requirements set forth by the law for businesses. 

Employee Well-Being

Employers, by law, have to provide a safe working environment. Startups often operate in dynamic and fast-paced environments, which can increase the risk of workplace accidents or occupational hazards. Having employers’ liability insurance demonstrates your dedication to employee safety and well-being. In addition, this insurance provides your employees with peace of mind. Your employees will appreciate knowing that in the event of an incident at work, your startup can payout any costs.  

Reputation 

In today’s competitive business landscape, reputation is everything. Should your startup obtain employers’ liability insurance, this signals that you prioritise the safety and welfare of your employees. This builds trust with your startup’s stakeholders, including employees, clients and creditors. By showcasing your commitment to employee protection, you also enhance your brand image and attract top talent. 

Financial Stability 

Startups operate in an environment where every penny counts. Employers’ liability insurance can prevent your startup from having to cover a significant compensation claim. Without this insurance, your startup would likely be significantly financially distressed from having to cover, out-of-pocket, such a claim. Having appropriate insurance coverage protects your startup’s financial stability and ensures its long-term sustainability.

Pivoting to another perspective, this insurance also frees up capital you would otherwise need to meet a potential claim. Startups, as you know, need to make effective use of their capital. If you obtain employers’ liability insurance, you can allocate your startup’s capital to more desirable growth activities. 

How Does Employers’ Liability Work?

Employers’ liability insurance provides coverage for incidents resulting in employee injury, illness, or death. In the event of a claim, most insurance policies will cover the costs of compensation awarded to the employee. Your policy also will likely cover any medical expenses your employee has incurred that you must pay for. In addition, your policy will generally cover any legal expenses you have accumulated in defending the claim.

It’s important to note that employers’ liability insurance typically covers incidents that occur during the course of employment or are related to work activities. It may not cover intentional acts of harm or injuries resulting from employee misconduct or illegal activities. Nor does it apply to an employee’s conduct wholly outside the workplace or in connection with your startup’s activity. 

How Do I Obtain Employers’ Liability Insurance?

You should consider instructing an insurance broker when obtaining employers’ liability insurance for your startup. A broker can guide you through the process of obtaining insurance and finding the right policy. 

The cost of employers’ liability insurance will depend on factors such as: 

• the nature of your business; 
• the number of employees; and 
• the level of coverage required.

If you instruct a broker, the insurance provider will pay the broker out of the premium that you pay for the policy. 

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Key Takeaways 

As a startup founder, you must ensure that your startup protects the well-being of your employees. One component of this includes ensuring that your startup is protected from liability arising from an employee workplace incident. Employers’ liability insurance is a legal requirement and a vital safeguard for startups. It provides financial protection, legal compliance, and peace of mind to both you and your employees. By obtaining appropriate coverage, you signal your startup’s commitment to employment safety and welfare. In turn, this commitment bolsters your startup’s brand reputation and safeguards its long-term success. 

If you need help determining if your startup requires employers’ liability insurance, contact our experienced startup lawyers as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.

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