LEGAL Of course Im covered, itll be alright Are you covered by insurance? You might need to check again O By Jerry Kinder, member of the legal services sub committee ver the past few months, the legal department has had several incidents come across its desk where after a serious event downroute members have thought: Its OK, I am covered. The thinking is that either: The company or its insurance will provide cover The contractors, the liable persons or the vendors insurance will provide cover; or BALPA can/will help me sue. The above will not cover every scenario. So, what then? 1. The company or its insurers when might they pay? Each company policy will have different provisions. Factors to consider will be: Are you on duty or not? What is it you were doing? Was it work-related or not? What does your company human resources (HR) manual say about what you are covered for and not? What does it say in your companys insurance policy specifically; are you undertaking an excluded activity? What does your company specify that you are not allowed to do? 2. The contractors, liable persons or vendors insurance will pay The specific circumstances, the jurisdiction and establishing liability is not straightforward. As a starting point, is there a policy in place? If so, have you seen it? Who is the policyholder and what, if any, cover does it provide under the circumstances in which you find yourself? If there is cover, how much is the payout possibly a great deal less than you think. Of course, this all assumes they have insurance, and that it covers the incident and what has happened to you. 3. Ill sue and BALPA will help me Yes, BALPA provides legal coverage for its members, and we aim to always look at every case as objectively and sympathetically as possible. However, all the areas above will need to be considered, particularly as, in the process of running your case, we will spend members money 14 THE LOG Sum 24 pp14-15 Legal.indd 14 13/06/2024 12:52