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Don I receive protection for EPLI claims under my Workers Comp coverage, D&O or CGL policies?

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Don I receive protection for EPLI claims under my Workers Comp coverage, D&O or CGL policies?

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With the possible exception of D&O policies, the answer is no. Workers Comp protects the employer for claims by employees arising from bodily injury, disease, disability or death. It does not protect the employer for claims of discrimination, harassment, or violations of similar labor laws. Under certain circumstances, a claim for retaliation arising from a work related injury can be covered by a WC policy. CGL policies now exclude claims arising from employment related practices. D&O policies on privately held companies can cover the business entity for certain employment related practices claims. Directors and Officers can also be protected for such claims subject to the policy terms and conditions. When coverage is provided by a D&O policy, however, the coverage is not generally as broad as is found in a stand alone EPL form, and the self insured retention’s or deductibles are usually large.

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