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COLFIRE provides coverage as required by law to the employer for death or injury to employees arising out of or during the course of their employment. The coverage can also be extended to include the employer's liability at common law for such death or injury.
The employer's legal liability
An employer may have claims made against him by an employee who has suffered bodily injury or disease:
- By reason of the employer's personal negligence
- Because of failure to take reasonable care to provide
- Proper and safe plant and appliances for the work
- Safe premises and
- A competent staff of fellow employees
- Where there is a breach of a statutory duty designed to protect the health and provide for the welfare and safety of employees
- By reason of the Workmen's Compensation Act Ch 88:05 and the Compensation for Injuries Act Ch. 8:05, which provide for the payment of compensation of workmen (as defined) for injuries suffered in the course of their employment.
A workman is defined in the Workmen's Compensation Act Ch 88:05 as "any person who has entered into or works under a contract of service or apprenticeship with an employer excluding:
- persons employed otherwise than by way of manual labour whose earning exceed $5,000 per annum,
- persons whose employment is of a casual nature
- members of the employer's family dwelling in his household, and
- members of the Defence Force, Police and Fire Services".
Scope of Cover
If at any time during the period of insurance an employee in the insured's immediate service shall sustain personal injury by accident or disease arising out of and in the course of his employment by the insured in the business described in the schedule and if the insured shall be liable to pay compensation for such injury, either under the law(s) set out in the schedule or at common law then the insurers will indemnify the insured against all sums for which the insured shall be so liable.
The insurers shall not be liable for more than the sum stated under the Limit of Liability in the schedule for any one claim or series of claims arising from any one event.
The insurers will also pay costs and expenses incurred with their consent in defending a claim.
The above explanations give a summary of the type of cover available. For full details, including the exclusions and conditions that apply, please contact us at any of our offices.