When anyone becomes an Employer it's a legal requirement for them to have employer's liability insurance cover. It is essential that appropriate insurance exists to provide cover for injury or to protect against possible claims made by an employee or a third party. If you use your Direct Payments (and/or ILF money) to employ Personal Assistants (PAs) you must be covered by some form of Employers Liability and Personal Accident Insurance.

The cost of the annual insurance premium is normally met out of the Direct Payments start-up costs (though in some areas you may have to request additional money from Social Services to pay for this). The Rowan's local Independent Living Adviser can advise on this and support you with your insurance application.

It's important to recognise that, as with any type of insurance cover, there will be exceptions in the policy.

There are at least three companies who offer policies specifically designed for Direct Payments employers.

The following points are worth noting with respect to any insurance policy:

• The policy may not cover all employment scenarios and it is always advisable to check the policy details.
• The employer should take reasonable care to ensure the safety of their employees. Ideally, the employer should ensure that the PA has received any necessary training to carry out specific work duties e.g. moving and handling.
• Some companies offer a choice between a basic policy and a fully comprehensive policy (which includes legal expenses and tribunal costs protection).
• The policy may have restrictions regarding the number of employees working at any one time that are covered.
• Injury to the employer is normally excluded unless specifically detailed in any personal accident cover that is specified.
• Most policies require that ‘material facts' are disclosed upon application, renewal and throughout the lifetime of the policy

This above list highlights just a few considerations. A full list of the conditions and exceptions will appear in the Policy document.

If you have any queries regarding your insurance as an employer, please contact your local Rowan Independent Living Adviser or the Information Service and we can provide you with details of the main insurers and a comparison of their respective policies.

Version 4.0

Version Date: November 2009

The Rowan Organisation - Supporting Independence Through Choice