What to do in the event of an Employer’s Liability Incident

An employer has a statutory duty of care to provide a safe environment and working procedures for employees. The Employers’ Liability (Compulsory Insurance) Act 1969 ensures that an employer must have at least a minimum level of insurance cover against any such claims.

It is a Policy requirement that the Policyholder notifies their Insurer of any circumstances which may give rise to a claim. Insurers expectations are that such matters are notified in a timely manner allowing them sufficient time for a liability investigation and to consider their stance in advance of a formal claim. As part of the investigation, Insurers will amongst other documentation, request copies of:

  • Accident book
  • RIDDOR report
  • Copy internal investigation indicating findings and details of any witnesses
  • Risk assessments and/or method statements for the task being undertaken at the time of the incident

A formal claim is an allegation of negligence and consequent injury brought by an employee against their employer, the Policyholder. The claim will be issued by solicitors instructed by the claimant (employee) as a Claim Notification Form (CNF) and will be addressed to the defendant (Policyholder) with details of the allegations being made and breach of the relevant legislation.

The CNF is issued under the guidelines of the Ministry of Justice Reforms 2013 and deals with claims up to £25,000. The Reforms were designed to cap the level of legal fees which can be claimed by third party legal representatives and carry strict timescales for our investigation with Insurers, notably:

Day 1: Report to Thomas Carroll for Insurer notification
Day 5: Submit all related documentation to Thomas Carroll (wages information can follow)
Day 20: All documentation, (including wages 13 weeks prior and post incident) to be provided
Day 30: Deadline for Insurer’s investigation and liability decision on Employer’s Liability Claim
Day 40: Deadline for Insurer’s investigation and liability decision on Public Liability Claim

For guidance with notification to Insurers of an employee injury or on receipt of a CNF, please contact your dedicated Claims Executive or call 02920 853788.