employer's liability


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employer's liability

a convenient term to group together those aspects of the law, mainly the law of tort or delict or contract, relating to the liability of the employer to his work force. More usually, it is applied narrowly to the liability in tort to take reasonable care for the employee's safety. At one time, for reasons that no longer apply, it was important to define this closely, and it was said to be a threefold duty comprising the provision of safe plant and equipment, a duty to provide competent fellow employees and a duty to provide a safe system of work. Now there is an overall duty to take care, even of the employee's mental health. The term, however, also applies quite legitimately to statutory protection by way of criminal penalties or provisions from which a case can be based upon statutory duty.

Thus, beginning with the Employer's Liability Act 1880 and through to the present there are many provisions that provide protection for employees or an even wider class of workers. The detail of the law is increasingly set by European directives incorporated into UK law. Many of these regulations, unlike the Act itself, have effect to create civil liability. The standard to provide care can often be strict liability or even an absolute liability.

The employer's primary liability for failing to look after his workers is entirely different from an employer's VICARIOUS LIABILITY for his employees' acts.

References in periodicals archive ?
Practice insurance normally includes cover for contents, buildings, business interuption, public liability, employer's liability, legal expenses and fidelity.
There were no claims relating to employer's liability during the period.
NFIL, in run-off since 2007, offered employer's liability, property and motor third party risks products, but only had net reserves related to employer's liability claims worth some GBP262,000 as at 29 February 2012, the buyer said in a statement.
The decision this month in the Court of Appeal relates to a series of cases known as the Employer's Liability Policy Trigger Litigation.
The standard workers' compensation and employer's liability insurance policy provides that the insurer will pay all sums that the named insured employer legally must pay as damages for consequential bodily injury to a child of the injured employee, provided that these damages are the direct consequence of bodily injury to the employee in the course of employment.
In addition to conditions that must be satisfied, the standard wording of employer's liability coverage (part two of the policy) also includes descriptions of claims to which coverage does not extend.
What is most important for miners is having employer's liability or public liability coverage--this covers the survivors of injured or deceased workers.
Find out if your Coverage B, or Employer's Liability Policy, covers workers' intentional tort claims and plan accordingly.
In fact, relief from the duty to withhold or the obligation to pay employment taxes can substantially reduce an employer's liability.
The talks follow claims that soaring employer's liability insurance premiums are threatening many small and medium businesses in ``high risk'' sectors such as building, transport maintenance and mining.
Mr Williams said, ``The insurance industry needs to be investigated to find out why they are not willing to provide employer's liability compulsory insurance for small quarries and mines.
At a minimum, the comments said, the "indifference" standard for "culpable conduct" should be eliminated or made inapplicable to corporate employees in respect of their employer's liability.

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