Employer Liability Insurance

Employer Liability Insurance

Are you an employer who pays into a provincial workers’ compensation fund? You’re still not completely protected from liability. And if you’re not participating in your province’s workers’ compensation fund, you don’t have any protection. Employer Liability Insurance is coverage that protects employers in Canada from the potentially devastating costs of work-related illness, injuries and deaths. This article provides the information and resources you need as an employer on Employer Liability Insurance. 

The Need for Employee / Employer Protection

Why Do You Need Employee / Employer Protection?

Accidents happen. They are as inevitable as death and taxes. The last thing we want is for someone to be injured, or worse, on the job. But despite our best efforts and intentions, there is no workplace that is 100% exempt from the possibility of an injury, or injuries, taking place on its premises. There is also the possibility that an employee(s) in the line of duty is injured outside of the workplace – even outside your jurisdiction.  

As the employer, you are generally held legally responsible. 

Is Employer Liability Insurance for Employers Exempt from WCB Coverage?

Employers who are exempt from paying into their province’s workers’ compensation fund and choose not to do so are exposed to the full weight of the financial and legal repercussions a work-related injury or death can cause. Those repercussions can include paying for:

  • Lost wages
  • Medical costs
  • Legal fees to defend a lawsuit
  • Awards and settlements 
  • All of the above

It’s common knowledge that an employee injury (or multiple employee injuries) can cost an employer hundreds of thousands, and into the millions of dollars – especially if the claim involves a persistent injury or permanent disability. 

Employer liability insurance, not to be confused with Employer Practices Liability (EPL) insurance, is coverage that can be added to a Commercial General Liability policy and is designed to protect an employer from those costs. Unlike Workers’ Compensation, employer liability is not no-fault, meaning that employer negligence has to be proven for the employer to be liable.

Employer Liability Insurance for Employers Who Have WCB Coverage 

Think your Workers’ Compensation coverage means you’re out of the woods? Think again.

If the workers’ compensation board in your province denies a claim or the claim is not applicable, your employee can file a lawsuit against you. With personal injury lawyers working on contingency and offering free consultations, it can cost an injured employee nothing but his or her time to meet with a lawyer before a lawsuit is filed against you.

Situations where you may be liable despite having workers’ compensation include: failure to maintain your premises or equipment, and negligence in protecting your employees from injury.

Contact us to find out exactly what liability you face even with workers’ compensation coverage.

What is a Contingent Employers Liability (CEL) Plan?

Employer liability insurance for employers who pay into a workers’ compensation plan is called Contingent Employers Liability (CEL).  Like employer liability insurance, it can be added to a Commercial General Liability policy and is also not a no-fault coverage. 

Employer Liability Insurance in Two Easy Steps

Employers without WCB Coverage

1.

2.

Employers with WCB Coverage

1. 

2. 

Workers’ Compensation Board Information by Province

We’ve compiled the contact information for each province’s respective workers’ compensation board. To confirm that your business is legally exempt from registering with your province’s WCB, we highly recommend contacting them to make sure you are not in violation of provincial statute – which could result in hefty fines.

Please keep in mind that if you are exempt, optional WSIB coverage is no-fault. This means claims can be paid without an inquiry as to the reason for an injury, which can lead to more claims being paid out and therefore higher premiums. Employer Liability Insurance is not no-fault and employer liability has to be proven. Contact us for more information.

Newfoundland and Labrador

WorkplaceNL

146-148 Forest Road
P.O. Box 9000, Station B
St. John’s NL A1A 3B8Telephone: 709-778-1000

Toll-Free: 1-800-563-9000

Fax: 709-738-1714

www.workplacenl.ca

Prince Edward Island

Workers Compensation Board of Prince Edward Island

14 Weymouth Street
PO Box 757

Charlottetown PEI C1A 7L7

Telephone: 902-368-5680

Toll-Free in Atlantic Canada: 1-800-237-5049

Fax: 902-368-5705

www.wcb.pe.ca

Nova Scotia

Workers’ Compensation Board of Nova Scotia

5668 South Street
P.O. Box 1150
Halifax NS B3J 2Y2

Telephone: 902-491-8999

Toll-Free:

Halifax: 1-800-870-3331

Sydney: 1-800-880-0003

Fax: 902-491-8002

www.wcb.ns.ca

New Brunswick

WorkSafeNB

1 Portland Street
P.O. Box 160
Saint John NB E2L 3X9

Telephone: 506-632-2200

Toll-Free: 1-800-999-9775

Fax: 506-632-4999

www.worksafenb.ca

Quebec

Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST)

1199, rue de Bleury
C.P. 6056, Succursale «centre-ville»
Montréal QC H3C 4E1

Telephone: 

514-906-3000, 1-866-302-2778

www.cnesst.gouv.qc.ca

Ontario

Workplace Safety and Insurance Board

200 Front Street West
Toronto ON M5V 3J1

Telephone: 416-344-1000

Toll-Free: 1-800-387-0750

Fax: 416-344-3999

www.wsib.on.ca

Manitoba

Workers Compensation Board of Manitoba

333 Broadway
Winnipeg MB R3C 4W3

Telephone: 204-954-4321

Toll-Free in Canada: 1-855-954-4321

Fax: 204-954-4968

www.wcb.mb.ca

Saskatchewan

Saskatchewan Workers’ Compensation Board

200, 1881 Scarth Street
Regina SK S4P 4L1

Telephone: 306-787-4370

Toll-Free: 1-800-667-7590

Fax: 306-787-0213

www.wcbsask.com

Alberta

Workers’ Compensation Board of Alberta

P.O. Box 2415
9912-107 Street
Edmonton AB T5J 2S5

Telephone: 780-498-3999

Toll-Free in Alberta: 1-866-922-9221

Toll-Free outside Alberta: 1-800-661-9608

Claims Toll-Free Fax: 1-800-661-1993 (in Canada)

Fax claims to: 780-427-5863 (outside of Canada)

www.wcb.ab.ca

British Columbia

WorkSafeBC

P.O. Box 5350
Vancouver BC V6B 5L5

Telephone: 604-273-2266

Toll-Free in Canada: 1-888-967-5377

Fax: 604-276-3151

www.worksafebc.com

Yukon

Yukon Workers’ Compensation Health & Safety Board

401 Strickland Street
Whitehorse YT Y1A 5N8

Telephone: 867-667-5645

Toll-Free in Canada: 1-800-661-0443

Fax: 867-393-6279

www.wcb.yk.ca

Northwest Territories / Nunavut

Workers’ Safety & Compensation Commission

P.O. Box 8888
Yellowknife NT X1A 2R3

Telephone: 867-920-3888

Toll-Free:

YellowKnife: 1-800-661-0792

Iqaluit: 1-877-404-4407

Fax: 867-873-4596

www.wscc.nt.ca

Need Help Navigating Employer Liability? ALIGNED Has The Insurance Solutions For You

At ALIGNED, our dedicated insurance brokers work with you to provide the coverage you need to protect you from liabilities as an employer. Protect yourself from the legal repercussions of work-related lawsuits.

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