Claims Covered by Employers Liability but Not Workers' Compensation

Understanding the Distinction

Employers liability insurance covers claims that fall outside the scope of workers' compensation, such as intentional injuries, non‑work‑related accidents, and certain discrimination or harassment lawsuits.

Typical Claims Handled by Employers Liability

These claims usually arise when an employee alleges that the employer's actions, rather than a workplace accident, caused harm.

• Intentional torts – assaults, battery, or other deliberate acts by a supervisor.
• Non‑work‑related injuries – accidents that occur off‑site or outside work hours that the employer is still liable for.
• Discrimination or harassment – claims under federal or state civil rights statutes.
• Wrongful termination – allegations that the firing violated employment contracts or statutes.

Why Workers' Compensation Doesn't Apply

Workers' compensation is a no‑fault system that provides benefits for injuries arising out of and in the course of employment. If a claim involves intent, occurs off the job, or is rooted in civil rights law, the statutory workers' comp scheme does not provide coverage, leaving employers liability as the responsible policy.

Key Differences at a Glance