In 2024/25, 680,000 UK workers said they had been injured at work. However, employers formally reported just 59,219 of those injuries to the Health and Safety Executive.

Most businesses hold an employers’ liability certificate and treat the matter as closed. But the policy covers employees, and employment status is not decided by what your paperwork calls someone. If you have never tested that distinction, you may be paying for cover that leaves half the people on your site outside it.

The experts at Rigby Financial have compiled a guide explaining what employers’ liability insurance cover does, who it includes, and how you can check.

What is employers’ liability insurance?

Employers’ liability insurance pays the compensation and legal costs when an employee is injured or made ill because of their work. Your insurer settles the claim and funds the defence, so the bill doesn’t land on your business.

A claim starts when a current or former employee alleges that your negligence caused them harm. That might have been an accident last month, or it could even be a condition diagnosed 20 years after they left.

Public liability is a separate policy cover protecting against claims from third parties, such as clients, site visitors and passers-by.

Do you need employers’ liability insurance?

If you employ anyone, yes. The Employers’ Liability (Compulsory Insurance) Act 1969 makes cover compulsory for most UK businesses, and the duty begins with your first employee.

Part-time, temporary and casual staff all count, as do people on work experience. The number of hours someone works has no bearing on whether they need to be covered.

The law sets a minimum of £5 million of cover from an authorised insurer, and that £5 million is inclusive of costs rather than sitting on top of them (HSE guidance). Most insurers issue £10 million as standard, because serious injury and occupational disease claims can run well past the statutory floor.

In construction and manufacturing, employers’ liability rarely sits on its own. It usually forms part of a wider arrangement alongside public and product cover.

Who counts as your employee?

This is the question that decides whether you’re compliant, and it’s not answered by a job title or an invoice.

Status is decided by the working relationship. Who controls how and when the work gets done? Who supplies the tools and materials? Is the person in business on their own account, carrying their own financial risk?

The assumption we hear most often is that anyone who invoices for their time cannot be an employee. Invoicing tells you how someone gets paid, but nothing about their status.

Four arrangements catch businesses out most:

  • Labour-only subcontractors: Someone who works the hours you set and uses your equipment can be classed as an employee, whatever the contract says.
  • A bona fide subcontractor: An independent, self-employed business/person or specialist hired to complete a specific task on a project. They work without direct supervision, supply their own tools and materials and carry their own liability insurance. They would not be covered under the employer’s liability cover. 
  • Agency workers: The cover usually sits with the agency but not always. The position depends on the terms of the supply agreement.
  • Family members: A spouse doing two days of admin a week is classed as an employee. Incorporated family businesses lose the family exemption altogether, too.

If you cannot say confidently which side of the line each of your people falls on, that uncertainty can leave your businesses exposed.

Who is exempt from employers’ liability insurance?

There are three categories exempt from employers’ liability insurance, but two disappear the moment your business structure changes.

  • A limited company whose only employee owns 50% or more of the issued share capital.
  • An unincorporated family business that employs only close relatives, such as a spouse, civil partner, parent, child or sibling.
  • Most public bodies, including government departments, local and police authorities, NHS bodies and organisations financed through public funds.

The first is where complications can arise. By appointing a second director, cover becomes a legal requirement regardless of how shares are split.

What happens if you do not have employers’ liability insurance?

You can be fined up to £2,500 for every day you trade without suitable cover, whether or not anyone has made a claim against you.

A separate fine of up to £1,000 applies if you fail to display your certificate, or refuse to produce it when an HSE inspector asks for it.

The certificate itself must be displayed at each place of business, or held electronically somewhere your employees know how to find and access. A framed copy in an office nobody visits does not satisfy it.

What does an employer’s liability insurance policy cover?

Compensation awards, legal defence costs and the associated expenses of a claim, for work-related injury and for illness.

The risk is not evenly spread. Construction workers self-report non-fatal injuries at a rate of 2.5%, compared with 2.1% in manufacturing and 1.8% across all industries (HSE). Falls from height and slips and trips together account for more than half of reported non-fatal injuries in construction.

In practice, claims tend to arrive in three shapes:

  • A fall from height on site, or a slip on a walkway that was clear when the shift started.
  • A manual handling injury in a warehouse or on a production line.
  • Hearing loss, or a respiratory condition, diagnosed years after the exposure that caused it.

Public liability vs employers’ liability

One covers your people and the other covers everybody else.

Employers’ liabilityPublic liability
Who it coversYour employeesClients, visitors, the public, other businesses
Legal statusCompulsory for most UK employersNot compulsory, but often required by contract
Typical limit£10 million as standard, £5 million legal minimum£1 million to £10 million depending on the work
When it respondsInjury or illness caused by the workThird-party injury or property damage

Most construction and manufacturing businesses need both, and a main contractor will usually ask for evidence of both before letting you on site. If you’re weighing up how liability cover sits alongside protection for your premises and stock, we cover the difference between liability insurance and property insurance separately.

What drives the cost?

Payroll and headcount first, and trade classification second.

After that, insurers look at your claims history, whether you use subcontractors, and the level of cover you want above the statutory minimum. Construction and manufacturing rate higher than low-risk office trades for the reason the HSE figures above make plain, and that’s because it’s where the injuries happen most.

Comparison sites will show you a headline monthly figure from a single insurer. A broker prices the same risk across several, and can challenge a trade classification when your operation is being rated for work you don’t actually carry out.

How to check if you’re covered

There are four checks in total:

  1. List every person who works for you – For anyone not on your payroll, write down why you believe they’re not an employee. The names you cannot justify are your exposure.
  2. Check that your declared payroll figure is current – Understating it is one of the more common routes into underinsurance, and it only shows up at claim stage.
  3. Read what your main contractors require – Contract terms frequently demand more than the £5 million statutory floor, and a tender can stall on it.
  4. Review annually – Continue this whenever you take someone on, incorporate, or appoint a director.

Final thoughts

The certificate on your wall proves you bought a policy, but it says nothing about who is on it.

The businesses that get caught out are rarely the ones with no insurance. They are the ones whose payroll and site list stopped matching two years ago, and nobody checked or updated the information. Ensuring you don’t fall foul of £2,500-a-day fines can cost just half a day of your time.

If you’re not certain who your policy covers, speak to our team about your liability cover or call 01744 886077. We will review how your business operates, not just what is written on the schedule, and tell you where the gaps are.

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    J Best
    18 days ago
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    I cannot recommend Rigby Financial enough. Both Jeremy and Josh have helped me with my financials and helped to explain all of the confusing technical terms so that it's all less daunting! Jeremy is extremely responsive and is always on hand to answer any of my questions. Being a first time buyer, Josh has been unbelievably prompt with his emails and keeps me updated at every stage, answering all my somewhat daft questions and putting my mind at ease. Thoroughly recommend!

    Owner's reply
    Thanks Jess, glad we’ve been able to help you unravel the jargon to make it clear and understandable. 👍🏼
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    L Winter
    19 days ago
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    Always great service from Rigby. Very responsive to questions and queries. Would highly recommend.

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    Thanks Lisa, it’s an absolute pleasure supporting you and your business 👍🏼
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    M Best
    24 days ago
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    As a complete novice on the process of buying a house, Rigby Financial have taken all of the worries and concerns out of my hands and guided me clearly throughout the process. Josh has kept in contact throughout, answered all of my questions promptly and shown a professional and friendly approach at all times. I would highly recommend Rigby Financials for anyone needing expert, informative advice & guidance, all given in a very relatable manner.

    Owner's reply
    ☺️Well isn’t this a lovely review - thanks Mandy! We try our hardest to make things as simple & stress free as possible, so it’s great to hear Josh has offered his usual first class service…..we’re only sorry he’s not available to help unpack boxes too 🤣! Wishing you lots of happiness in your new home .
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    G Grocott
    31 days ago
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    Fantastic experience with Rigby Financial. Josh was a great help throughout the whole process — professional, knowledgeable, and always quick to respond to any questions I had. The team made everything straightforward and easy to understand, and the service was excellent from start to finish. I’d highly recommend Rigby Financial to anyone looking for friendly, reliable advice.

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    Thank you for such great feedback 👍🏼 we are really pleased you have been happy with the service provided.
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    C
    215 days ago
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    Excellent professional and personal service. I have used Rigby for many years and they have always served our business well.

    Owner's reply
    Thank you, CarolineM! So good to hear that our service has met your expectations over the years. It means a lot to have your trust and continued support.
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    T Lift Engineering
    313 days ago
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    As a business, we have used both the Insurance and Financial services of Rigby Financial for many years now. They take care of our Business Insurance, Cyber Insurance, Motor Trade Insurance, Company Pension Scheme, Group Life Cover, Private Medical Cover, Financial Investments and Employee Financial Planning Advice and we have always found them to be both efficient and highly professional in all aspects of the services provided. They take great interest in the specific needs of our business and have always given us clear well informed up to date advice to ensure we are well protected in a world that is ever changing. Our account managers are friendly, helpful and always available when needed. Outside of the business relationship, on a personal level I use Rigby Financial for my private home and car insurance along with their pension planning, investments and life cover. I would have no hesitation in recommending the services of Rigby Financial to both businesses and private individuals.

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    Wow 🥰 thank you for such an amazing review, we are really glad to hear you feel looked after and it’s great knowing that you are happy with our service👍🏼
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    L Kissock
    326 days ago
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    We have been using Rigby Financial for many years. We have always received excellent service from Kieron and the team, they are so helpful and efficient. The team consistently provides correspondence that is both clear and concise, ensuring that communication is straightforward and easily understood. They are diligent in making certain that we always have the appropriate cover in place, giving us peace of mind that our requirements are thoroughly met. We would not hesitate to recommend Rigby Financial to anyone looking for a reliable insurance company.

    Owner's reply
    Thanks for the great review Lee, good to hear Kieron and the team are looking after you well👍🏼
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    C Danby
    336 days ago
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    I have used Rigby Financial for many years for both our business insurances and also at home. They are really easy to deal with, always proactive and make our insurance dealings very simple.

    Owner's reply
    Thanks Carl, great to hear we’re giving you the support you need for all your insurances.
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    A Halstead
    338 days ago
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    We have used Rigby for many years both personally and professionally with our companies. Throughout that time we have always received an excellent service from all the team. From day one Jeremy has always been extremely helpful, friendly and approachable. He has kept us well informed about our products and we appreciate the personal touch that Rigby provide and how knowledgeable and professional Jeremy is and always value his advice. We would highly recommend.

    Owner's reply
    So good to hear Amy, thank you!
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    O Phillips
    338 days ago
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    I have dealt with Rigby for a number years whilst building and operating my property business. They facilitated insurance on single dwelling properties to large multi unit development projects. I can always rely on them to sort the insurance side of my business, with minimal oversight or need for my involvement. I feel confident in recommending them to anyone.

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    Thank you for such a positive review👍🏼
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    J Harrison
    338 days ago
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    I have used Rigby Financial for a few years now with multiple policies. Great customer service and prompt with finding the best renewal price every year

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    Thanks Jamie good to hear you’ve been pleased with the service.
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    D Chana
    339 days ago
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    We own Bold Vets in St Helens and working with Rigby Insurance has been a godsend, taking all of the stress away from ensuring we’re covered for every eventuality. They’re straightforward, professional but friendly. Everything a family run business should be! They’ve helped us with everything from car insurance to more specialist veterinary practice cover. We highly recommend Andrew and the team and wouldn’t go anywhere else.

    Owner's reply
    Thanks David it’s really good to work with you guys and lovely to get such positive feedback👍🏼
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    E Honey
    339 days ago
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    We’ve been using Rigby Financial for many years and have always received excellent service. Kieron has been consistently helpful, professional, and approachable, making sure we have the right cover in place and explaining everything clearly. It’s reassuring to know we can rely on them year after year, and we wouldn’t hesitate to recommend Rigby Financial to anyone looking for reliable insurance and outstanding customer care.

    Owner's reply
    Thanks for the great review
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    A Hunter
    340 days ago
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    We have relied on Rigby Financial for all our business insurance needs for the past 10 years. Both Kieron and Jeremy consistently deliver excellent service, and their expertise and support are truly exceptional

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    Thanks for a great review
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    J Faulkner
    340 days ago
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    Arcoframe has used Rigby Insurance for nearly 20 years, and the level of service we've received has always been excellent. They handle all of our insurance needs, including our fleet of vans as well as buildings and contents insurance. Our main point of contact throughout the years has been Keiren, who has consistently gone above and beyond to assist us. He’s always been helpful, knowledgeable, and quick to respond whenever we’ve needed support or advice. We highly recommend Rigby Insurance to any business looking for a reliable and professional insurance partner.

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    Thanks for the great review
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    P Turner
    340 days ago
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    Rigby Financial has been handling our insurance for many years, and Kieron and his team are always responsive, professional, and readily available whenever you need assistance.

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    Thanks for the great review
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    T Buckley
    340 days ago
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    I've used rugby financial since I set my business up 15 years ago supply me with all our insurances the team is always happy to help with an any questions.an if they don't know the answer they find it out for you ,I can't recommend them enough ,give them a call today 😁

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    Thanks Tom for the fantastic review 👍🏼
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    J Stevenson
    340 days ago
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    Great Service, always very helpful and a great price.

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    Thank you for the review
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    J Mcknight
    340 days ago
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    Jeremy has been helping me over a number of years from preparing pensions and savings to ensuring I am making best use of my funds. Everything is proactive and reviewed annually. If I have any questions they are answered immediately.

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    Thank you for the great review, its really good to hear our clients are pleased with the service they receive.
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    E Ross
    340 days ago
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    Great service, quick responses.

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    Thanks for the review
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    P Livesley
    340 days ago
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    I have used Rigbys for over 20 years. Very competitive, always do there best. Speedy service. I can highly recommend them.

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    Thank you for the great review.
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    T Whitehead
    692 days ago
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    Having dealt with Rigby Financial for over 10 years I now use them for a number of services both personally and commercially. Always a pleasure to deal with, offering reliable advice and professional service with a personal touch.

    Owner's reply
    Thank you for the great review Tom 👍🏼
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    K Sanderson
    773 days ago
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    When we were looking to replace our insurance advisor our criteria was to have a more personal service and deal with the same person and not a call centre, Rigby Financial was exactly what we were looking for. No matter if it was for renewal, adjusting the cover or to make a claim, the interpersonal experience and advice from Rugby Financial has been second to none!

    Owner's reply
    Thanks Keith for the lovely review 👍🏼
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    L Rawlinson
    775 days ago
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    Amazing company and staff. I have always received a high standard of customer service. Highly recommend!

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    Thank you for the great review
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    L Connor
    775 days ago
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    Rigby Financial have been managing our insurance for many years now and I wouldn't go anywhere else. Kieron and his team are very responsive, professional, and always on hand if I need any help or advice.

    Owner's reply
    Thank you for the great review 👍🏼

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