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Employee Benefits Liability (EBL)—also referred to as Employee Benefits Liability Insurance, Employee Liability Insurance—protects the business holding the liability policy against an error or omission that was made regarding the administration of employee benefit plans. Most claims revolve around clerical errors such as:
It can also include coverage for incorrect or inaccurate advice given to an employee about their particular benefits. Mistakes in calculating the amounts of contributions of the employer or employee are also covered by employee benefits liability coverage. Such errors are usually made by the Human Resources Department, though they can also come from record-keepers, accountants, and trustees.
What does claims-made mean? A claim is covered by the insurance policy if it is made while the coverage is active. If you want a claim covered for a retroactive date, you have to pay for the policy to be retroactive or add a tail to the end of it.
Employee benefit liability coverage can be a standalone policy or added as an endorsement on another policy such as commercial general liability insurance. It is often confused with fiduciary liability insurance. Fiduciary liability is insurance coverage that protects a business from administrative errors and omissions their fiduciary duties are breached and it results in a financial loss.
Employee benefits liability covers most company sponsored policies such as:
These liability policies usually have two different types of limits:
NOTE: A business will have to pay a deductible per each occurrence.
Claims that are not covered by this insurance policy include:
If a company has less than 50 employees, any health insurance benefit program that is offered is completely voluntary. If claims are made against a company with less than 50 employees regarding an issue including health insurance, there may only be partial coverage of the claim for the employee.
Liability insurance for employees is among the least expensive kinds of coverage, particularly if it is an endorsement. It should, however, be part of your portfolio risk management strategy, and it’s also a way to ensure that valued employees aren’t left in the lurch if errors occur. Here are some exampled of why employee benefits liability insurance is necessary:
Example #1: A new employee chooses her benefits in the group medical plan, but the paperwork gets lost at some point after she has finished it. No one notices that it became lost, until the new employee ends up critically ill. When she’s admitted to the hospital, she finds out her health insurance isn’t active. Because of the errors or omissions of your business, you are liable to enroll her in a benefit plan and pay for her medical costs.
Example #2: An employee is injured on the job and unable to work for two months. Workers' compensation insurance should cover some of their medical expenses and lost wages. However, the employee believes they weren't given the correct amount of money allowed under this employee benefit program. Employee benefits liability insurance can step in to cover costs if the employee sues for the money owed them.
The cost for an EBL insurance plan depends on whether or not benefits are offered, the size of the company, and how many employees you have. The cost can be as low as $30 per month, but it's best to speak with a knowledgeable agent to help determine if an EBL insurance plan is right for your business. An agent can also help you determine other types of insurance your small business may need.
If you provide benefits to your employees, plans like this may be a good investment to protect your small business. If you have any further questions or would like a free quote, complete the form at the top of the page and one of our specialists will connect with you shortly. Or give us a call at 1-877-907-5267.
Related Articles: General Liability Insurance, Errors or Omissions Insurance, Employment Practices Liability Insurance