What Is Covered By The Ell Employer Liability Act

While there is certainly Employer Liability Insurance to assist in protecting employers from liability lawsuits, it’s important employers, employees and independent contractors grasp the ELL Employer Liability Act. Also referred to as the ELA (Employer Liability Act), this law allows injured workers to have extended coverage in addition to Worker’s Compensation in some situations. Thus, the more employers understand about their responsibilities, the more they can protect themselves by being proactive and safety-oriented.

Employers must pay close attention to the ELL Employer Liability Act, as it contains information specific to them and their role in worker safety. The Act states employers are legally bound to provide safety equipment to employees. This equipment must be given to prevent any injury or deaths at work. In fact, Section 654.305 specifically states the employer must offer this necessary safety equipment even if they claim they can't afford to do so. The law disregards excuses such as an inability to offer safety equipment due to it being too costly.

The CEO or the owner of a company isn't the only person who can be held responsible for ensuring the Employer Liability Act details are followed and enforced. According to Section 654.315 of the Employer Liability Law Act, “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”.

There are three main things mentioned in the ELL Employer Liability Act regarding employer liability for an injury or death. The employer is legally liable for the injury or death if the worker who is injured and the employer are engaged in a common enterprise activity (an action from which both the worker and the employer profits). The employer is also legally liable when the activities of the worker are directed by the employer and when the work performed by the worker is supervised and controlled by the employer.

The key component of the ELL Employer Liability Act includes the notion of vicarious liability. What this means is, liability can be imposed on one person for the acts of another person. This really is most often the case in employer liability lawsuits. Vicarious liability can include co-conspirators, partners or joint ventures where one can be held for another’s torts or crimes.

Employer Liability Insurance can help employers protect themselves to some extent, however if there’s a time when an employer liability claim has been presented, consulting with a lawyer who specializes in employer liability law is the best option.

By: G. Hawkins

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Garrett Hawkins is a law student in Oregon who writes about legal topic that interest him. Garrett hopes to be an Oregon personal injuray lawyer someday, specializing in auto accidents, boating injuries, construction accidents laws and more. Please do NOT take my opinions as legal advice. I am NOT an attorney..