July 14, 2021

Covid-19 related claims

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Covid-19 related claims: A practical guide for employees 

Employers’ Liability overview

 

The responsibility of the employer

Employers are responsible for the health and safety of their employees while they’re at work. If a current or former employee was injured or became ill at work, they may believe their employer is responsible and make a claim.

 

The rules around insurance

The Employers’ Liability (Compulsory Insurance) Act 1969* requires that employers have at least a minimum level of insurance cover against any such claims. Employers’ Liability insurance will enable employers to meet the cost of compensation for employees’ injuries or illnesses whether they are caused on- or off-site.

 

What the insurer does

They must pay the full amount of any compensation agreed with the claimant or awarded to them by a court. They can’t impose conditions which make the employer or the claimant pay part of it.

 

The most common claims are for…  

1. Injury

2. Disease

3. Illness

4. Death

 

Action required

Given the emerging risks, it’s vital that businesses reduce the potential for claims or ensure they can be disputed by their insurers. The following pages highlight some things to watch out for.

 

Working from home: potential claim scenario

 

Scenario 1

A finance company recruits a new graduate to work in their administration department. The employee shares a flat with three housemates, who each have their own bedroom and share the kitchen and living room.

 

Training for the new employee is carried out over video calls with additional reading material provided. However, they struggle to follow the training and spend additional time in the evening reading the material again to catch up – meaning that they are now worrying about their work, not sleeping properly, and spending 22 hours a day in their bedroom.

 

After six months, the employee raises the issue with their manager, but they take no action to assist them. After a further three months, the employee is signed off with work-related stress. Eventually, they resign and submit a work-related stress claim.

 

Content provided by AVIVA

 

Have any questions? please don’t hesitate to contact one of our team

Matthew.collins@ascendbroking.co.uk  |  Office: 01245 449061