A Certificate of Employers’ Liability insurance cover needs to be displayed in all business premises and it is a legal requirement under the Employers’ Liability (Compulsory Insurance) Regulations 1998 that all certificates are retained for a period of forty years. In addition the Companies Act obliges the company and its employees to maintain appropriate records.
It is believed that many small to medium-sized enterprises are simply not retaining copies of their Employers’ Liability insurance certificates. In the event that an Employers’ liability claim is notified in the future if a company cannot provide details of the insurance cover in force at the time of the incident/injury then the company become liable to indemnify that portion of the claim for which they cannot provide details of a valid insurance policy.
In response to the current predicament Risk Stop, the risk management specialist, has launched a national archive Employers’ Liability Certificate Register which which can be accessed by brokers and insurers and should assist greatly in the future in the identification of insurers in the event of industrial disease or other such long tail injury claim notifications.