In today’s society, as an employer you need to be aware of the possibility of loss due to the very nature of having employees. The obvious coverage needed is workers compensation as it is required by law in Oregon.
In the State of Washington, as an employer you also need to carry Stop Gap/Employer’s Liability. This is included with the workers compensation coverage in most other states, but in Washington it is not included with the mandated state fund policy. Stop Gap coverage bridges the gap between workers compensation and general liability if an employee sues the employer for their liability other than as their employer (i.e. as a manufacturer of a defective product that injures the employee). This coverage is would be added on to the general liability policy.
Other employee exposures that exist which should be included within your insurance program are:
Employee Benefits Liability (EBL): Employee Benefits Liability will cover the liability of your business for an error or omission in the administration of an employee benefit program, such as failure to advise employees of benefit programs.
An example of how Employee Benefits Liability comes into play would be as follows. You hire a new employee, benefits for this employee are to be offered after 60 days of employment. At the 60 day mark the employee requests medical coverage for their spouse and son. The benefits administrator does not get the employee added as requested. The employees son is diagnosed with cancer and has over $400,000 in uncovered medical bills as a result of the error. As the employer you are found liable for the uncovered medical bills.
Employment Practices Liability (EPL): Employment Practices Liability will protect your business from the financial consequences associated with a variety of employment-related lawsuits. Employment Practices Liability, also known as EPL, can protect your business against charges of:
- Sexual harassment
- Discrimination
- Wrongful termination
- Breach of employment contract
- Negligent evaluation
- Failure to employ or promote
- Wrongful discipline
- Deprivation of career opportunity
- Wrongful infliction of emotional distress
- Mismanagement of employee benefit plans
The coverage can also protect your business against legal conflicts that flare up between employees and third parties, such as vendors or customers, this would be known as third-party coverage. This coverage is not always a standard part of an Employers Practices Liability policy and can be added by an endorsement.
An example of how this coverage would work is if a female employee claimed her supervisor had sexually harassed her, along with a number of other employees, and she was retaliated against after she complained to senior management.
Employer Benefits Liability and Employer Practices Liability can be added to general liability policies or sold on a standalone basis. Please contact our office for more information or to obtain an insurance review.
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