| Act of Parliament | |
 | |
| Long title | An Act to require employers to insure against their liability for personal injury to their employees; and for purposes connected with the matter aforesaid. |
|---|---|
| Citation | 1969 c. 57 |
| Dates | |
| Royal assent | 22 October 1969 |
The Employers' Liability (Compulsory Insurance) Act 1969 (c. 57) is a UK act of Parliament which requires that employers carry insurance against the personal injury of their employees.
The insurance that employers must take out is referred to as Employer's Liability Compulsory Insurance (sometimes referred to as "ELCI"). [1] As well as being insured, employers must post details of the insurance for staff to see. This requirement applies to most companies; exemptions include public organisations and certain micro companies.
Under section 5, offenders can be sentenced, on summary conviction in a magistrates' court, to a fine of up to level 4 on the standard scale (£2,500).
The Employers' Liability Tracing Office (ELTO) is an independent UK agency set up to provide insurance claimants and their representatives with online access to a database of Employers' Liability Insurance policies, so that people suffering from a disease/injury caused at work with a former employer can identify who provides their insurance. It is organised as an independent, not-for-profit company limited by guarantee and funded by a levy. [2] It was established in 2011 and is based in Milton Keynes. ELTO replaced a previous voluntary Employers' Liability Code of Practice (ELCOP) tracing service, which had been in place since 1999. [3]
In February 2011, the Financial Services Authority published regulations concerning the way that insurers and intermediaries record employers' liability policy data. [4]
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The act does not require compulsory insurance against illness and injury suffered by employees working abroad. Reid v Rush and Tompkins Group Plc (1989) established that there is no requirement to advise employees to obtain insurance for themselves:
In a number of contexts, Parliament has legislated to protect people in this country from the risks of uncompensated injury. Compulsory employer's liability insurance has been imposed. Save for certain limited exceptions that duty does not apply to employment out of this country. Even in the limited and modest terms of a duty to warn it might be difficult to impose by judicial decision a duty on employers in respect of their servants working abroad, which relates to loss through injuries suffered where the employer is not responsible, having regard to the fact that Parliament has not imposed an obligation to ensure even in respect of injuries for which the employer would be liable. [5] [a]
Workers' compensation or workers' comp is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence. The trade-off between assured, limited coverage and lack of recourse outside the worker compensation system is known as "the compensation bargain.” One of the problems that the compensation bargain solved is the problem of employers becoming insolvent as a result of high damage awards. The system of collective liability was created to prevent that and thus to ensure security of compensation to the workers.
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The Virginia Workers' Compensation Commission (VWC) is an agency of the U.S. state of Virginia that oversees the resolution of workers' compensation claims brought in that state, in accordance with the Virginia Workers' Compensation Act. The Commission has exclusive jurisdiction to adjudicate such claims. Its decisions may be appealed to the Virginia Court of Appeals. The Commission is led by a Senior Leadership team consisting of three Commissioners, an Executive Director and a Chief Deputy Commissioner. The Commissioners are appointed by the Virginia General Assembly and serve staggered six-year terms. Honorable Robert A. Rapaport, Honorable Wesley G. Marshall and Honorable R. Ferrell Newman currently serve as Commissioners. The Commissioners elect a Chairman for a term of three years. Commissioner Rapaport currently serves as Chairman. Ms. Evelyn McGill is the Commission’s Executive Director and Honorable James J. Szablewicz is the Commission’s Chief Deputy Commissioner. The Commission is headquartered in Richmond, Virginia, and has offices and hearing locations at various places around the state.
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