Employers Insurance

AmyMay

AmyMay

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I am paying someone to exercise Thumper for me two days a week from next week onwards.

Can anyone suggest where I can get insurance from to cover for accidents, mishaps??? My BHS gold membership does not cover the rider becauase they are being paid.

thanks
 
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Have you tried the NFU?

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That was going to be me second port of call - horse is insured with them. I will ring them tomorrow.
 
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Wouldn't they have their own insurance if it is classed as paid work?

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Theoretically - but even if they do, I still want my own.
 
I have my home insurance via the NFU and employment liability is included.
Hollyf - The rider should have their own insurance but if their insurance then tries to pursue AmyMay, she could then have a problem?
 
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Hollyf - The rider should have their own insurance but if their insurance then tries to pursue AmyMay, she could then have a problem?

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Thanks - yes that's how I should have put it.

Sounds like NFU then.
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That's actually quite worrying. My instructor was backing my young and quite naughty warmblood. She would come every day and I asked before she started as she is a self employed freelance instructor if she had insurance to cover everything including personal liability and public liability etc and I also saw a copy of the policy.
If you are saying that her insurance in case of an accident could come after me then surely that opens the door for every single person that has a riding lesson on their own property. They dont even need to get on board, they could be stood in the middle of the arena and get kicked by the horse?
On the same hand. I am having a McTimoney person out to treat my horse on Saturday, what happens if they get kicked in the process? I am also paying them?
If this is the case then it is quite worrying.
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It depends on whether they are self employed or not. If you are paying their wages then you would be deemed an employer. However, if you bring in a 'expert', they would be deemed a bona fide sub-contractor and would not be considered an employer. An example of this would be if you paid a kitchen fitter to fit out your kitched...he would not be an employee of yours as he is directing his own method of working etc.
 
Re:Merlotmonster
Now that is a massive can or worms!
www.hmrc.gov.uk/employment-status/index.htm#1
I totally agree with what you say but I was Director of a company with over 200 "Sub Contract" engineers that were classed as self employed and believe me the rules dont always apply as they should.
If that is the route to take then surely the person would have to be registered as self employed with the Revenue and Customs. To be correct you should then check that their employment status as an instructor or groom etc is correct and that they are actually registered with HMRC but how many of us do this. I know I dont.
This status would surely remain unchecked until such time as an accident occured and a claim was made against you by which time it is too late.
*Rushes to cancel all lessons, McTimoneys and farrier*!!!!!! for fear of being sued!!
 
Perhaps you should get in touch with a solicitor/lawyer who specialises in equine law/insurance who can give you the advice you need, and there for peace of mind.
 
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If you are saying that her insurance in case of an accident could come after me then surely that opens the door for every single person that has a riding lesson on their own property. They dont even need to get on board, they could be stood in the middle of the arena and get kicked by the horse?
On the same hand. I am having a McTimoney person out to treat my horse on Saturday, what happens if they get kicked in the process? I am also paying them?
If this is the case then it is quite worrying.


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It IS true that people who are self-employed or contractors and who have their own insurance MAY still sue you in the case of accident/injury - and it's not actually their 'fault'. Any insurance company tries to spread the load: if, for example, a freelance instructor had a personal accident policy and was injured as a result of something that could arguably be called your fault, then the instructor's insurers will be looking to YOUR public liability insurers to share the costs.

Public Liability covers YOUR liability (responsibility) with respect to anyone who comes onto your property/handles your horses etc - even if they are paid. BUT, if that person receives wages/salary from you, then you must also have employer liability insurance - I believe it is a legal requirement, not just a sensible insurance to have!

If you have land/stables attached to/part of your residential dwelling, then your household insurance policy may well cover contractors coming into your home/onto your land. In THAT case, if you had public liability for your horse, as well, then both insurers may 'share' any claim.
 
The law on Employers liability is vast and you cant really explain it in one paragraph. It all boils down to who is controlling the method of work essentially, so even if you are not technically their employer, you could be deemed it under law. If your sub contractors work under your control then they would be considered your employees. I would say though, that any specialist practitioner, such as back people , farriers etc would be deemed experts and in control of their own methods. If they then did something wrong, it is down to them.
 
I find that very worrying. Yes we do have our own stables and facilities at home and I will now check to see if our house policy would cover such mishaps.
When we had our offices and business we had public Liability insurance as well as employers liability but with no longer having any employees then we no longer have this insurance.
I wonder how many people on this forum who have an instructor giving a lesson or a farrier shoeing their horse has liability insurance. I bet there are not many.
I am not disagreeing with what you say but I am simply pointing out that I think it is absolutely ridiculous. Mind you we are in a "where's there's blame, there's a claim" era now.
*shuffles off to get phone number of insurers*
 
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