Employers Liability responds to court cases filed by employees against their employers. Employers Liability cover is brought as an additional to WIBA. With reference to above, following the implementation of the WIBA Act 2007 Employers Liability policies were phased out as the injured worker could only claim compensation under the new Act.
However, following the ruling by the High Court of Kenya on 04/03/2009 an injured worker could still file a case in court for compensation to an injury under common law. As such Employers Liability cover is essential to safe guard employers against common law cases filed by employees against employers with four options as under :-
| OPTION A (Kshs) | OPTION B (Kshs) | OPTION C (Kshs) | OPTION D (Kshs) | |||||
| Any one Person | 2 Million | 4 Million | 6 Million | 8 Million | ||||
| Any one Occurrence | 10 Million | 15 Million | 20 Million | 25 Million | ||||
| Any one Year | 20 Million | 30 Million | 40 Million | 50 Million | ||||
The policy cover is only offered where there is an underlying WIBA cover and this will carry a deductible of kshs. 25,000/- for each and every claim. This excess will be required to be paid before a defence can be filed in court.