The Basics of the ELL Employer Liability Act

Being an employer comes with specific responsibilities and duties, including the responsibility to keep all workers safe. The Employer Liability Act was designed to help protect workers and their safety at the workplace. Thus, all employers, employees and independent contractors should fully have an understanding of it.

There's Employer Liability Insurance available to help protect businesses, however to fully protect yourself you must know what the regulations are and be proactive regarding worker safety. Also called the ELA (Employer Liability Act), this Act enables injured workers in some situations to get coverage in excess of Worker’s Compensation.

The ELL Employer Liability Act contains specific information for employers. A portion of this Act includes the law that employers are responsible for providing safety equipment to employees that will prevent injuries and fatalities at work.

To add even more protection, the Act states in Section 654.305 the employer must provide the necessary safety equipment whatever the cost. This protects workers when companies try to use the excuse of safety equipment being too costly or not in their budget.

When it comes to safety standards and naming a person who accounts for ensuring these are met under the Employer Liability Law Act, there is quite a list. Not only is the CEO or owner of the company responsible for ensuring the safety standards are met. As Section 654.315 of the Act states, “The owners, contractors, subcontractors, foremen, architects or other persons having charge of the particular work,” are responsible for overseeing the enforcement of the Employer Liability Law”.

When an employer and the injured worker are both engaged in a common enterprise activity where they both profit, the employer is liable for any injury or death caused to the worker. In addition, a company will be held liable for injuries or deaths if the activities of the worker were directed by the employer or when the work performed was directly supervised and controlled by the employer. These things are detailed and noted in the ELL Employer Liability Act.

Vicarious liability is one of the main components of the ELL Employer Liability Act. Vicarious liability essentially means that one person can be held responsible for the actions of another person. In a business or as a company, this can include situations with partners, joint ventures or co-conspirators. One person can be held liable for another person’s crimes or torts.

The protection from Employer Liability Law can ensure many employers stay safe to some extent, however if as an employer you face a liability case involving worker death or worker injury it will be to your advantage to consult with an attorney who focuses on employer liability law.