The difference between employers liability and public liability claims

By Chris Salmon | Updated: September 15, 2025

If you are injured in an accident, your right to claim compensation will depend on who owed you a duty of care and the type of insurance that covers the situation. Two of the most common types of claims are employers liability and public liability. Although they may sound similar, there are important differences between them.

At a glance

Employers liability claims are made by employees injured at work.
Public liability claims are made by members of the public injured on premises or by activities of a business.
Both rely on proving a duty of care and negligence.
Employers must carry employers liability insurance, while public liability insurance is not compulsory.

What is employers liability?

Employers liability applies when an employee is injured or becomes ill because their employer failed in their duty of care. Examples include unsafe equipment, inadequate training, or poor supervision. By law, almost all UK employers must hold at least £5 million in employers liability insurance to cover such claims.

What is public liability?

Public liability applies when someone who is not an employee, such as a customer, visitor, or passer-by, is injured because of negligence. Typical cases include slips in supermarkets, accidents in car parks, or injuries caused by defective products or poorly maintained premises. Public liability insurance is not a legal requirement, but most businesses hold it to protect against claims.

Key differences between the two

Employers' Liability (EL)	Public Liability (PL)	Key Difference
Covers employees injured during the course of their work.	Covers members of the public, visitors, or contractors injured on business premises or due to its activities.	EL protects workers; PL protects non-employees.
Legally required for almost all UK employers (minimum £5m cover).	Not legally required, but strongly recommended for businesses.	EL is mandatory, PL is optional but advisable.
Typical claims: accidents at work, unsafe equipment, lack of training.	Typical claims: slips and trips by visitors, damage caused by contractors, injuries to customers.	Different claimant groups and scenarios.

Real-world example

A factory worker suffers a hand injury because the employer failed to maintain machinery. This would be an employers liability claim. By contrast, if a customer visiting the same factory slipped on a wet floor in the reception area, this would be a public liability claim.

Making a claim

If you are unsure whether your claim is employers liability or public liability, a solicitor will review your circumstances, identify who owed you a duty of care, and confirm which type of insurance covers the accident. Regardless of the type of claim, you can usually make it on a No Win, No Fee basis.

Injury Claim
Compensation Calculator

Find out how much could claim

Calculate my claim

FAQs

Can I make both types of claim at once?

It depends. If an accident involves both employees and members of the public, separate claims may be made under each insurance policy. However, each claim must still prove negligence and duty of care.

Who pays my compensation?

In both cases, compensation is paid by the relevant insurer, not directly by the employer or business. This ensures that funds are available even if the business has limited resources.

Do I need evidence to make a claim?

Yes. You should gather medical reports, accident book entries, witness statements, and photographs of the scene to strengthen your claim. The more evidence you provide, the better your chances of success.

External references

Health and Safety at Work etc. Act 1974 - cornerstone legislation setting out employer duties to protect workers.
Employers’ Liability (Compulsory Insurance) Act 1969 - requires most employers to carry liability insurance to cover claims.
HSE: RIDDOR - explains employer duties to record and report workplace accidents and injuries.
GOV.UK: Compensation after an accident or injury - official overview of when compensation may be available.

About the author

Chris Salmon is a legal commentator and co-founder of Quittance Legal Services. He has written extensively about workplace accidents, employment rights and the claims process. Chris's work has been cited in national media and he regularly contributes practical guidance to help injured workers understand their options.

More about Chris and WAAC

Last reviewed September 2025 by Chris Salmon

Have you been injured at work?

If you have been injured at work in the last 3 years, you may be able to claim financial compensation.

Find out more about making a work accident claim:

Do you qualify?
How much compensation could you get?
How does No Win, No Fee work?