workers compensation insurance

What is Workers Compensation Insurance?

 Employers are legally obliged to take reasonable care to ensure that their workplaces are safe. Still accidents happen. When they do, workers compensation insurance provides coverage.

Workers’ compensation insurance serves two purposes: it assures that injured workers receive medical care and compensation for a portion of their income while they are unable to return to work, and it usually provides employers with benefits while working. Protects against lawsuits by injured workers.

Workers receive benefits regardless of who was at fault in the accident. If an employee dies while working, the labor union (as it is often abbreviated) provides death benefits for the worker’s dependents.

every state is different

Workers’ compensation systems are established by statutes in each state. State laws and court decisions govern the program in that state and no two states have exactly the same laws and regulations.

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States determine such characteristics as the amount of benefits an employee can receive, what losses and injuries are covered, how the loss is to be assessed and how medical care is to be provided. In addition, states decide whether workers’ compensation insurance is provided by state-run agencies and private insurance companies, or by the state alone. States also establish how claims are handled, how disputes are resolved and they can devise strategies such as limiting chiropractic care to control costs.

To learn about the requirements where you live, visit the Web site of your state’s Department of Workers’ Compensation.

If your business expands to another state, you may have to deal with very different rules in the new state. Discussed here include general features of workers compensation programs.

Are injuries covered?

The injured employee lives on the workplace premises or elsewhere while the employee is working within the “course and scope” of employment, if their employer has employee insurance. For example, the leading cause of employee death claims are traffic accidents that occur when the employee is in a vehicle for work purposes, whether the trip is in a company car or the employee’s own vehicle. Accidents to and from work are not covered.

In addition to injuries from accidents, employee comp injuries cover employees can avoid other incidents that can happen while they work, including workplace violence, terrorist attacks, and natural disasters.

Workers’ comp insurance also covers certain diseases and occupational diseases (as defined in state statutes) contracted as a result of employment. For example, workers working with toxic chemicals can become ill from exposure to the chemicals.

What treatment do injured workers receive?

Injured workers receive medically necessary and appropriate treatment. With medical costs rising, many states have adopted measures designed to rein in expenses. These include use management guidelines, which describe acceptable treatment protocols and clinical trials for specific injuries.

What benefits do injured workers get?

Income replacement benefits are based on whether the disability is total or partial and whether it is permanent or temporary. Impairment is generally defined as a reduction in earning capacity, sometimes using American Medical Association criteria.

Most states require that benefits be paid for the duration of the disability, but some specifically specify a maximum number of weeks for temporary disabilities. The benefit amount is a percentage of the worker’s weekly wage (actual or state average).

Do I Have to Buy Workers Compensation Insurance?

Most states do not require sole proprietors and partnerships to purchase workers’ compensation unless they have employees who are not owners. Most states will allow sole proprietors and partners to cover themselves for workers if they choose to. Some states do not require employees to be covered if they are paid only on commission.

Employees are generally defined as those who are rendering services on hire at the instruction of the employer, including minors and workers who are not citizens.

Many states exempt employers with only certain employees from mandatory coverage laws. The threshold number of employees that can trigger compulsory insurance is either three, four or five, depending on the state. Texas is the only state in which workers’ insurance is actually optional.

In some states, immediate family members of the business owners—parents, spouses, and children—who work for the firm cannot be counted as employees for the purpose of determining that you have Should workers be insured or not? These exceptions usually do not apply to other family members, such as sisters, brothers or in-laws.

Under some laws, independent contractors are not considered your employees. However, for the purpose of workers’ insurance, most states will treat the employees of an insured contractor or subcontractor or an insured subcontractor as your employees—meaning you are liable if he or she is injured while working for you. can be. To avoid any unintended liability, large companies often require any contractor or subcontractor working for them to provide proof that they have workers insurance.

Regardless of whether insurance is required and no matter how many employees you have, you could be legally liable if an employee protected by state law is injured or killed while working for you. A claim for a serious employee injury can bankrupt many small businesses. Insurance, through the payment of premiums for workers, provides an estimated cost to deal with this risk.

Who Sells Workers Comp Insurance?

Workers Comp Insurance is not a part of your Business Owner Policy (BOP). It must be purchased as a separate insurance policy.

Each state has its own rules about where employers can purchase workers insurance. In some states all employers must purchase insurance for their employees from a state monopoly insurer, known as a state fund. In many other states, insurance can be purchased from state funds or from private insurance companies. In states that have them, state funds can serve as an insurer of last resort for businesses that can’t get coverage from a private insurer.

How are premiums set?

Premiums are based on the employer’s industry classification code and payroll. Premiums for the most hazardous enterprises, such as garbage hauling or logging, can be much higher than an accounting firm’s premium.

Location has also become a factor in workers’ premiums. Since the terrorist attacks of September 11, 2001, workers’ compensation insurers have been taking a closer look at their exposure to disasters, both natural and man-made. For businesses located in an area with a high risk of disaster, premiums can be higher, regardless of the nature of the business.

Employers with annual premiums over a certain amount are usually eligible for an experience rating, which adjusts premiums up or down based on the company’s claims history relative to other companies in that industry category. Businesses with higher-than-average claims will pay higher premiums and businesses with fewer claims will typically pay less.

The experience rating is more sensitive to the number of claims (loss frequency) than the dollar value of the claims (loss severity). This is due to the insurance industry saying, “Frequency begets severity.” Insurers know from experience that where there are more accidents, there is a greater potential for major losses. A higher number of accidents indicates that overall working conditions are not as safe as where fewer accidents occur, even though some accidents that occurred in a given year are more costly.

What Are My Costs for the Workers Comp?

Your costs include insurance premiums, payments made under deductibles and administrative costs of handling claims and reporting to the state and your insurer.

Understanding Your Worker Comp Policy

There are typically two parts to a workers comp policy: “Part One, Workers’ Compensation” and “Part Two, Employer’s Liability.”

Under “Part One”, the insurer contracts to pay the amount of compensation required by the state. Unlike other types of insurance, workers comp coverage has no limits or limits on the policy amount. The insurance company accepts the transfer of the employer’s entire statutory liability – whatever the employer is legally obligated to pay as a result of the injury.

“Part Two” of the policy provides coverage for an employer who is sued by an employee for work-related bodily injury or illness that is not subject to state statutory benefits. It has a monetary limit.

The liability of the employer insures the employer in certain other situations as well. There is a so-called “third-party over suit”, where an injured worker sues someone other than the employer (third party) and that third party seeks to hold the employer responsible. For example, an employee injured while working with a machine may file a lawsuit against the manufacturer of the machine. The manufacturer can then sue the employer, claiming that the injury was caused by modifications or improper use of the machine by the employer. Another situation where this liability coverage applies is when the spouse of an injured employee sues the employer for union damages.

your obligations

In most states you are required to keep a record of accidents. You must report work-related accidents to the state Employees’ Compensation Board and your insurer within a certain number of days.

Studies show that the faster the insurer notices the injury and can begin medical treatment and benefits, the faster the injured worker recovers and returns to work. To help an injured worker receive medical treatment faster, some insurers allow employers to immediately file a “first notice of injury” with the state agency responsible for overseeing the workers’ compensation system, one such Steps that can speed up the claim process.

Importance of getting an injured employee back to work

Prolonged absence from work can have a lasting negative impact on workers’ future employment opportunities and thus their economic well-being. A study of injured workers in Wisconsin by the Workers’ Compensation Research Institute found that periods of leave from work and subsequent periods of unemployment are shorter for injured workers who return to their pre-injury employers than those who change employers.

Effective communication by employers is critical to facilitate the return of an injured worker to work. You must explain to workers how the workers compensation system works and require them to report the accident immediately and get medical help immediately. 

Your expectations regarding work-related injuries or accidents should be part of the employee handbook (if any), as part of orientation to new employees, posted on bulletin boards and reported periodically in safety reviews should go.

Communicate regularly with employees who have stopped work due to a work-related injury. Employees who know they are thought of, missed and still part of the workplace team are usually more eager to return. Some insurers will keep employers informed about how the employee’s treatment is progressing.

Another aspect of the return-to-work process is successful reintegration into the workplace. Labor comp insurers help you assess the needs and abilities of an injured worker and encourage you to tell workers about any injuries you may have in case you attempt to modify work activities to accommodate people with disabilities. do.

Do my employees work or travel in other states?

Your employee comp policy only covers claims made in the states named in the “declaration” policy. If an employee is injured while working in another state, and that state has more generous benefits than the state(s) named in your policy, the employee can file a workers comp claim in the other state and This will not be covered by your policy. ,

The solution is in the “Other States” section of the policy, which allows you to list the states where employees can work from time to time so there will be coverage for claims filed in those states.

The “Other State” portion of the policy cannot be used to cover claims in states where coverage must be obtained from the State Employees’ Compensation Fund.

“Other state” coverage is intended to provide protection for accidental exposure only in states where the employer does not work as of the policy’s effective date. If you set up an operating entity in another state, notify your insurer, as this state must be added to the “Declaration” page of the policy.

Factors affecting your premium

The premium for workers varies between states. In states where benefits are more generous, premiums for workers’ insurance can be correspondingly higher. In most states, employee benefits continue even after workers begin receiving Social Security and Medicare.

However, benefits are only part of the equation. In some states with low benefits and costs, premiums can be high due to the system’s inefficiency to provide benefits. The generally rising cost of medical care affects premiums as well. Although states are working to make changes, for the most part, workers do not have the types of cost control measures applied to health insurance. The workers comp claimants do not have to pay the deductibles. In many states they can visit as many doctors and specialists as they want. There is usually no need for doctors to prescribe generic medicine instead of brand name drugs.

Assigned risk plans or pools

A fixed risk plan or pool is a means of providing insurance for businesses that may not be able to obtain insurance to workers in the private market. High-risk businesses, businesses with multiple claims histories, and businesses in new industries without a history of previous claims claims are most likely to obtain insurance through a specified risk plan.

Typically, the employer or agent applies to the plan. The application is then submitted to an insurance company that the state has designated to write the policy. Premiums in a fixed risk pool often charge a surcharge at the regular premium rate.

What is the Second Injury Fund?

About half of the states have a second injury fund to encourage hiring workers who are partially disabled but still able to work. Employers will be reluctant to hire such workers because of the risk that they may suffer an injury that will be combined with a prior injury or condition causing the disability. Without a second injury fund, the new employer would be liable for the full cost of the claim. When a partially disabled employee suffers a second injury, part of the cost of the second injury is divided into the second injury fund.

Some states closed their second injury fund following the passage of the Americans with Disabilities Act (ADA). Although the ADA requires employers to maintain confidentiality about employees’ disabilities, the confidentiality rule does not apply to communications with state employee compensation officers or second injury funds.

What can I do to lower my Workers’ Comp premium?

  • manage your risk
  • Take advantage of saving opportunities
  • Make sure your premium is charged correctly
  • increase your deductibles
  • try to avoid the assigned risk
  • coordination disability program

Manage Your Risks  – Most small companies do not believe that they can hire a risk manager. Still, someone in the company must have ongoing responsibility for loss control and managing workers’ claims. This includes a variety of programs to keep workers safe, medical claims management, and early return to work for any injured workers.

In some states, insurers must provide accident prevention services to employers. Even if not required to do so by law, most labor insurers can help you improve protection. In some states, employers are required by law to establish safety committees and other programs to deal with unsafe situations in the workplace. Even when not required by law, safety committees can be very effective in reducing accidents. For example, when UPS established worker safety committees at each of its locations to identify the most frequent workplace accidents and take measures to reduce them, there was a 59 percent reduction in workers taking time off work due to injuries. I.

You may also be legally required to have a written injury and illness prevention program. Again, even if it is not legally required to do so, having and following a written schedule can help reduce accidents.

Take advantage of savings available in your state  – Many states allow merit rating credit. Small businesses that typically pay a $5,000 premium or less may be entitled to a credit of 5 to 15 percent if they have no lost-work-time claims during the specified period. Some states have premium credits for drug- and alcohol-free workplace programs and safety programs. Some insurers may give you a discount if you hire a professional risk management firm to help you with your protection program.

Make sure your premium is calculated correctly  – Make sure you are placed in the right industry category. Check that the insurer’s payroll calculation adjusts for overtime pay and correctly allocates payrolls to various employees.

Increase your deductibles  – Most states offer an alternative medical deductible on workers’ insurance policies as a cost-saving measure. Deductibles encourage greater security consciousness on the part of the employer, who must pay the deductible amount.

Try to Avoid Fixed Risk  – Deducting your claims is the best way to stay out of the state’s fixed risk plan, or insurer of last resort, which usually costs more. You may have been put at an assigned risk without knowing it. Ask your agent to check your status.

If you’ve been put at assigned risk, check with your state employees comp agency to see if the rates are higher. If they are, make a concerted effort to get other insurance. Just because an agent can’t find something better for you doesn’t mean it doesn’t exist. Talk with other agents, investigate group self-insurance programs that may be available in your state, and talk to other people in your industry and owners of other businesses of similar size and age and with similar risk levels.

Coordinating Disability Programs  – This option isn’t available everywhere, but businesses in some states are trying to get costs under control through coordinating workers’ compensation, health care, and disability benefit plans. The integration of workers’ compensation and other employee benefit programs is a broad concept that ranges from a simple marketing approach that uses a single insurer for both coverage to programs offering a managed care approach to the management of all types of disability. Using them promises savings, regardless of work-related.

In addition to limiting overlapping programs and streamlining administration, proponents say the change to a comprehensive approach addresses the growing difficulty of differentiating between work- and non-work-related injuries and diseases, such as repetitive motion and Injuries due to mental stress claims. This improves productivity, as non-work-related disabilities are managed with the same focus of getting employees back to work as work-related matters.

Can an employee who has had an accident sue me?

Before states adopted the workers’ compensation system in the first half of the twentieth century, injured workers sued their employers after workplace accidents. This was a lengthy, cumbersome and costly process that could result in nothing for the employee if the court did not find the employer fully responsible for the injury. With so few employers being liable for workplace accidents, aid for injured workers and families of deceased workers was a social problem.

Workers’ compensation system was adopted to provide injured workers and their dependents were compensated in time, regardless of who was at fault for the workplace accident. As part of the agreement, which made the employer liable for the costs of work-related injury and illness regardless of fault, the employee surrendered the right to sue the employer for the injuries. For the most part, the system works as intended. Injured workers accept payment to workers and do not sue. This is why employee comp is referred to as an employee’s “exclusive measure.”

Still, there are certainly instances where “exclusive measures” may not apply and injured employees may sue their employers. The conditions under which such lawsuits are valid vary between states. For example, in Florida, injured workers can sue their employers in the following situations:

  • The employer commits a willful and willfully harmful act or engages in conduct that may result in injury or death
  • one employee sexually harass another employee
  • Employer violates a law prohibiting shooting, coercion or intimidation of an employee because of the employee’s claim
  • Employer has violated federal law regarding accommodation and transportation of migrant workers
  • Injury excluded from coverage by workers’ compensation (such as a claim for psychological stress injury without physical injury, a type of claim that is not compensable by workers in Florida)

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