Employer Liability

Employer liability, Part B of a workers' compensation policy, protects your business when an injured employee takes legal action directly.

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Employer Liability should be reviewed against real exposure, not assumed from the coverage label.

It responds when a claim goes around the workers' comp system rather than through it.

While the workers' comp system generally shields employers from lawsuits, there are scenarios where that shield doesn't fully apply.

The real issue is not whether the coverage exists; it is whether the limits, exclusions, eligibility rules, definitions, contracts, people, property, timing, and carrier requirements match how the risk actually shows up. When those details are not reviewed before renewal or enrollment, a policy can look complete on paper while the most important conditions remain unclear until someone tries to use it.

What You Need to Know About Employer Liability

When Workers' Comp Exclusivity Fails
Most states, including North Dakota, give employers immunity from employee lawsuits through the exclusive remedy doctrine. But deliberate employer actions, dual-capacity claims, or third-party-over actions can create exposure outside the workers' comp system where employer liability responds.
Spouse and Dependent Claims
An injured employee's spouse or dependents can sometimes file claims for loss of consortium or loss of support that are separate from the workers' comp claim. Employer liability covers defense costs and damages in these situations.
Defense Costs Included
Employer liability coverage pays your attorney fees and court costs for covered claims regardless of the outcome. Defending a workplace injury lawsuit, even one that is ultimately dismissed, can cost tens of thousands of dollars.
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