Unfortunately, not all workplace injuries are covered by workers’ compensation insurance. However, the good news is that an employers’ liability insurance policy can fill in the gaps and provide further insurance protections for employees and employers after a workplace injury, illness, or death.
If you suffered a workplace injury or illness and are not covered under your employer’s workers’ compensation insurance, you might instead be able to file a claim under their employers’ liability insurance policy. At Miller, Dawson, Sigal & Ward, we have helped countless people injured on the job recover the compensation they need and deserve.
Reach out to us today to schedule a free initial case review with one of our North Charleston workers’ compensation lawyers.
What Does Employers’ Liability Insurance Cover
Employers’ liability insurance helps protect employers against claims from injured workers while offering the workers an easy path to compensation for their damages.
While the primary path to collect money after suffering a workplace injury is always going to be filing a workers’ comp claim, if your injury qualifies you to file a personal injury lawsuit, employers’ liability insurance may be another option for recovering damages.
Where workers’ compensation only covers economic damages like medical expenses and lost wages, employers’ liability insurance can also cover non-economic damages, including pain and suffering and diminished quality of life. If you file a lawsuit against your employer after suffering a workplace injury, their employer’s liability insurance may cover the losses.
Employers’ Liability Insurance Paired With Workers’ Compensation Insurance
Unlike workers’ compensation insurance, which most employers are required to carry by law, employers’ liability coverage is optional. However, many companies purchase this insurance coverage to protect themselves against lawsuits.
Insurance companies often bundle workers’ comp and employers’ liability together into a two-part policy. The first part of this policy is the workers’ comp insurance, which covers medical/death expenses and lost wages. The second part is the employers’ liability coverage, which covers pain and suffering and other non-economic damages.
Compensation Caps for Employers’ Liability Insurance Coverage
If you are attempting to recover compensation through employers’ liability insurance, you need to be aware of the coverage caps. These policies typically have limits on the amount they pay out per employee, per injury, and overall.
In some cases, the coverage limits can be as low as $100,000/worker, $100,000/incident, and $500,000/policy. However, your employer has the option to purchase higher coverage limits.
Furthermore, employers’ liability coverage does not extend to independent contractors or employees working outside of the U.S. and Canada. If you have any questions about whether you qualify to recover damages under this policy, an experienced workers’ comp attorney can help walk you through your options.
Legal Claims Not Covered by Employers’ Liability Insurance
Employers’ liability coverage only covers personal injury claims. If you are filing a lawsuit against your employer for other offenses, your employer’s insurance will not cover your damages unless they have purchased an additional insurance policy known as employment practices liability insurance (EPLI).
EPLI coverage can offer options for recovering compensation if you were the victim of:
- Sexual harassment
- Failure to promote
- Wrongful termination
What an Experienced Workers’ Compensation Lawyer Can Do to Help You Get the Money You Need
If you suffered a workplace accident, an experienced workers’ comp attorney can help you pursue damages to cover your losses. Whether your damages fall within the range of a workers’ comp claim, an employers’ liability claim, or are only recoverable through a lawsuit, a workers’ comp lawyer can help you through every step of the process.
Once you hire an attorney, you can sit back and focus on healing from your injuries while your legal representative handles every step of the process of an insurance claim or personal injury lawsuit. Your lawyer will identify all applicable deadlines and ensure the correct paperwork is completed and filed long before time runs out.
Your attorney will determine all the damages you qualify to claim to ensure you recover the full amount available to you. Your lawyer will negotiate with the insurance companies to reach a fair settlement deal that covers all your losses. If a settlement agreement cannot be reached, your attorney will take your case to court and work to secure a favorable ruling on your behalf.
Get in Touch With a Workers’ Compensation Attorney Today
Securing the services of an experienced lawyer will significantly improve your chances of recovering favorable compensation. The Thumbs Up Guys have helped countless people injured on the job pursue the money they need through any available avenue. We have a proven track record of success, both in negotiating settlements and winning at trial.
Contact us today to schedule a free initial case evaluation with a member of our team by giving us a call or completing our online contact form.