Unlike in Australia and most other western countries individuals cannot sue for personal injury that arises from an accident. Instead ACC pays for medical care and loss of income.
This is the reason that Health and Safety legislation plays such an important part in keeping workplaces safe, basically businesses don’t have the threat of being sued by individuals but instead have to comply with legislation that is policed by Worksafe.
Insurance can cover legal defence costs, court costs, lawyers costs, witness costs, experts costs and reparations to victims under both the old and new legislation. These risks can all be covered by a Statutory Liability Policy which is a separate cover to a standard public liability policy that many businesses already have.
It remains illegal to insure for a fine under health and safety legislation however good quality legal advice, defence costs and reparations to victims will help reduce the risk of a fine and protect you and your business.
The cover does protect against errors and mistakes causing an injury so if you do unintentionally breach the law there is coverage under these policies.
We recommend that you ensure that you have this coverage in place as this is becoming a much bigger issue with both the government and worksafe concentrating on implementing and acting on the new legislation.
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