Case Study
Lao Wang's company took out an employer's liability insurance, and on November 4, 2020, employee A had an accident during work. On January 25, 2023, when Xiao A left the company, a dispute arose with the company over work-related injury benefits, and the arbitration commission ruled that Lao Wang Company should compensate Xiao A for the relevant losses. When Lao Wang requested compensation from the insurance company, the insurance company refused to settle the claim on the grounds that "the two-year insurance claim period has passed".
Lao Wang was puzzled: how could there be an insurance claim period? Isn't it an accident that occurs during the insurance period, and the insurance company should pay for it no matter how long it takes?!
What is the insurance claim period?
The insurance claim period refers to the period within which the insured or beneficiary files a claim from the date of the insured event.
Insurance claims must be made within the claim period. If the claim period is exceeded, if the insured or beneficiary fails to make a claim to the insurer, fails to provide the necessary documents and does not receive the insurance money, it shall be deemed to have waived its rights.
How many years is the employer's liability insurance claim period?
This is usually two years, but the duration of an employer's liability claim will vary depending on the insurance company and the specific insurance contract.
Article 26 of the Insurance Law stipulates that the limitation period for the insured or beneficiary of an insurance to claim compensation or payment of insurance money from the insurer shall be two years, calculated from the date on which the insured knew or should have known of the occurrence of the insured event.In this case, Xiao A was out of the insurance in November 2020, but the time when Lao Wang filed the claim was more than two years after Xiao A went out of insurance, which has exceeded the claim period of the employer's insurance by two years. Therefore, it will be denied by the insurance company. That is, after the occurrence of the insured event, the insured person needs to file a claim with the insurance company within two years of the accident.
Warm tips from Xiaobao!
Xiaobao warmly reminds everyone! When purchasing employer's liability insurance, you should carefully understand the terms of the claim period in the insurance contract you are purchasing to ensure that you understand the specific provisions.
In order to avoid unnecessary losses caused by missing the insurance claim period, if an insured accident occurs, first report the case in a timely manner in accordance with the time limit agreed in the policy, and then confirm the materials required for the claim and the time limit requirements with the insurance company, and make a claim in accordance with the procedures stipulated in the insurance contract.