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NSW Public Liability Insurance Necessary for Employees?

Discussion in 'Insurance Law Forum' started by Bee234, 3 August 2015.

  1. Bee234

    Bee234 Member

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    Help! I just got a new job in a private practice working with children. I am an employee, not a contractor. My boss has told me I need to get public liability insurance.

    Is this necessary as I work for a company?
     
  2. CathL

    CathL Well-Known Member

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    I would have thought that your employer would need to have all necessary insurances to cover themselves and their employees. Have you raised this issue with your employer? And what does your employment contract say?
     
  3. Bee234

    Bee234 Member

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    Thanks for your reply. My contract doesn't mention it..

    I haven't said anything to my employer as I am not sure of my rights and don't want to be difficult as I am new. Someone (with no professional legal knowledge) has said to me that if you are an employee then even if you have insurance it is redundant because if something was to go wrong then it would be the company who would be sued..? Again, I have no knowledge of the validity of this!
     
  4. AnnaLJ

    AnnaLJ Well-Known Member

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    Hi Bee

    I find it strange that the employer wouldn't mention this up front (or at the very least in your contract) if there is an expense you will need to incur as part of your employment. That is the first think that strikes me as extremely odd, and also makes me feel that the employer wouldn't be able to enforce this.

    Secondly, I agree with the comments above that a public liability policy in your name would have limited effect given (and I am making assumptions here so correct me if I am wrong):

    - The premises where you work are likely to be owned or rented by your employer (so they would be liable in the event of an incident on the property);
    - The services to be performed by you are to be performed in your capacity as an employee for the employer (and therefore the employer is ultimately liable for your actions unless there are extenuating circumstances, such as you acting outside the scope of your employment).

    You might want to ask for more information from your employer as to what the insurance is designed to cover and perhaps play dumb and say you haven't had to do this before so could they talk you through why this is required and the type of situations this might apply to. See what extra info you can find out. I would also consider contacting Fair Work Australia to see if they have any additional advice on the matter.

    Best of luck
     

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