How to Fight a Workers’ Comp Claim

How to Fight a Workers’ Comp Claim text overlaying image of two people playing tug of war Workers’ compensation insurance is designed to protect you and your employees financially in the event of a workplace accident or unjust. Workers’ compensation insurance isn’t just a good idea, depending on your state it may be a legal requirement. When it comes to workers’ comp claims, the majority of them are approved because workers’ compensation is considered “no-fault”. Meaning that employees do not need to prove that their employer was at fault for their injury.

 

As long as the employee files their claim on time, has witnesses to their accident, and seeks medical treatment for their injury, the employee will receive benefits. There may come a time, however, when one of your employees files a claim that you find questionable. In this case, you do have options, including the option to contest the claim. Below we’ll look at how you can fight a questionable claim. As well as the impact workers’ compensation claims can have on a business. 

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Reasons To Dispute A Workers’ Comp Claim

You can’t fight a workers’ comp claim for no reason, you and your insurance company must have a legal basis for disputing any claims. Here are some of the reasons you could have for disputing a claim:

 

  • Your employee missed the deadline to file a claim
  • The wrong paperwork was used to file a claim
  • The injury didn’t happen at your company
  • Your employee quit before filing a claim
  • The injury happened while the employee was at work but was not working
  • The injury was intentional

Always File The Claim

Even if you suspect the workers’ compensation claim is false. You have to file it when the employee comes to you with it. You can be penalized if you fail to report a work-related injury with a full report of all related details as soon as possible. The insurance claim adjuster’s job is to determine whether or not the claim is valid or not. You are paying premiums to your insurance company so that they can handle these matters. If your report is thorough and you work closely with your adjuster, there is a good chance the adjuster will catch the fraudulent claim and deny it anyway. So, delaying or not filing a report because you think it’s invalid could backfire on you, best to just let the adjuster do their job. 

Work With The Claims Adjuster

Once you’ve filed the workers’ compensation claim with your insurance company, an adjuster will be assigned to the case. They will contact you and the employee personally, as well as review all documents associated with the case including medical records. The adjuster ultimately decides if the claim will be denied, but at this point you will have more information about the claim than the adjuster. If you have reason to believe the employee lied, or was injured outside of work, now is the time to gather all information that supports why you think it’s invalid. Document, date, and save everything that indicates why you think the claim is fraudulent. Most importantly, inform your adjuster immediately that you believe the claim to be questionable. Indicating in your initial report that you believe there are reasons to deny the claim serves 2 purposes.

 

First, it lets the adjuster know they may need to file an extension early, since workers’ compensation claims have to be completed in a certain time frame, and disputing a claim will take more time to investigate. Secondly, marking your claim as questionable from the beginning will actually make your adjuster pay closer attention. They will spend more time looking through the paperwork, medical records, and searching for warning signs that otherwise may have been missed. Finding one of these red flags doesn’t necessarily mean anything, as accidents and coincidences do happen. But if an adjuster notices that more than one exists, they will look into it further to make sure if the claim is or isn’t fraudulent.

Warning Signs

  • A new hire who immediately filed a claim after being hired
  • An employee who has immediately hired an attorney after the injury
  • Claims from an employee who may have been “disgruntled”
  • Employees with poor attendance, poor work records, or financial issues
  • Injuries with no witnesses, or that happened in an area the employee isn’t assigned to normally work
  • Injuries that occur late on a Friday or right when they return to work on Monday

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Learn Your State’s Procedure

While workers’ comp is mandatory in almost every state, each state has its own laws and procedures for dealing with claims. Including disputing them. You can call your insurance provider and ask about what you need to know about local procedures. So you don’t accidentally make a misstep and cause trouble for yourself or your company. 

If you want to learn more about your state’s specific workers compensation laws you can read our state by state guide here.

Dispute The Claim

You have the option to dispute even if the adjuster doesn’t deny the claim after the investigation. In some states, such as Texas, you have to submit a form or attend a hearing to dispute the claim in front of a judge. In other states, such as New York, or Tennessee, you may have to appear before a judicial panel or speak with a state-assigned workers’ compensation arbitrator. However, regardless of the state your company is in, you will most likely have to defend your position orally, in writing, or both. You will also need to provide all of the evidence you gathered when you first filed the claim and informed the adjuster of your concerns. Remember the “document, date, and save all information” part? This is where that step comes in handy.

How Workers’ Comp Claims Affect Businesses

Workers’ compensation claims tend to have a greater impact on smaller businesses. This is because larger companies have deeper pockets and larger payrolls, allowing them to absorb the financial cost with not much issue. Regardless of how big or small your business is though, workers’ comp claims can cause your business issues. Below we’ve detailed how claims can affect you. So, you understand why it’s important to fight fraudulent claims to protect yourself. As well as explain why doing everything you can to avoid workplace accidents is even more important.

Premium Hikes

Your workers’ compensation insurance premiums are determined by your industry, number of employees, payroll, and claims history over the last 3 years. A single claim will not necessarily result in a higher premium. But depending on the nature of the claim and the resulting medical bills and disability benefits even one claim could make a mark on your record. The more often you have workers’ compensation claims the more likely it is that your premiums will increase.

 

Additionally, your insurer also takes your experience modification rate (EMR) into consideration. Your EMR is how insurance companies compare your claims history to other companies in the same industry. The average EMR is 1.0, the more claims you have the higher above average you are. And then the higher your premiums will be because your company will be considered a higher risk to insure. Regular safety training and following industry-specific safety guidelines can help reduce your premiums.

Administrative Costs

Processing a workers’ compensation claim can take a lot of time. Especially if you’ve signaled that you believe it’s fraudulent. The insurance company will want to examine all relevant evidence, including the employee’s medical records. Effectively giving you or your claims specialist more work to do. Your company may also need to spend a lot of time and money to fix or check any equipment that was involved. As well as repair it if needed. Especially if the machinery involved is found to be defective after the accident. There may also be more paperwork and more hours involved in reporting the incident to state and federal regulators. Particularly if an OSHA violation is suspected. New equipment or training that stems from a regulator’s requirement can take a chunk out of your bottom line.

Legal Action Expenses

If you believe it is false, and you decide to take it to court you could also end up paying. While your attorney will advise you on whether or not you should go to court in the first place. Keep in mind if you lose the case, you will have significantly higher legal fees than you would have if you settled the claim. So, if you are planning on disputing your claim make sure your legal team agrees with the decision. And that you have absolute proof that the claim was fraudulent.

Reputation Damage

Impact on your company’s brand is difficult to predict. Your reputation can be affected by the severity of the accident. Whether it is covered by local news outlets, and whether it spreads on social media. A serious accident, repeated incidents, or OSHA fines could make it difficult to be able to hire new employees or get new customers.

Working With EZ

Workers’ compensation isn’t just about protecting your employees, it’s also about protecting your business. Nobody wants to deny a legitimate claim. But if you encounter one of those rare cases it’s fraudulent, you should know you have rights as well. And remember, EZ.Insure is here to help if you have any questions about workers’ compensation insurance. Or any other commercial insurance for that matter. We will connect you with a highly trained licensed agent. Who will listen to all of your concerns and make sure you get the best policy. To get started, enter your zip code in the box below or call 977-670-3538 to speak with an agent today.

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Who Is Exempt From Workers’ Compensation?

Who Is Exempt From Workers’ Compensation? text overlaying image of a woman holding out her hand Virtually every employer has to carry workers’ compensation insurance. However, some state laws provide exemptions for particular types of employees and business structures. Only a few worker categories are occasionally exempt. This exemption also applies to certain business owners. However, even when workers’ compensation coverage is not required, it is almost always in the best interest of the employer to provide coverage. If an employee sustains an injury on the job the employer may be held responsible for medical expenses, ongoing therapy, and lost wages. 

 

Additionally, if you as the business owner are injured on the job, a workers; compensation policy can help pay for your medical expenses and compensate you for a portion of your lost wages. Your personal health insurance provider may deny your claim if your injury or illness is work-related, leaving you again responsible for these costs. Below we’ll look at the exemption laws in each state, if you’d like more information on the other workers’ compensation laws in your state, check out our state workers’ compensation guides here.

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Alabama

Any business with 4 employees or less does not have to carry workers’ compensation in Alabama, whether they are full or part time doesn’t matter. Alabama employers do not need to carry workers’ compensation for farm laborers, domestic laborers, or casual laborers including temporary or part-time employees hired for only an hour or a day.

Alaska

Alaska businesses with one or more employees have to have workers’ compensation coverage unless the Alaska Workers’ Compensation Board has approved the business for self-insurance.

Owners and business executives are exempt if they are:

 

  • Sole owners
  • Partners
  • LLC owners with at least 10% ownership interest in the company
  • Executive officer or municipal, religious, or legally registered nonprofit organizations.
  • Executive officers for for-profit corporations with at least 10% ownership.

As for employees who are exempt from coverage:

 

  • Part-time babysitters
  • Non-commercial house cleaning personnel
  • People who are hired to help a farm with harvest
  • Amateur event sports officials
  • Entertainers under contract
  • Commercial fishers
  • Taxi drivers under specific contractual arrangements
  • Anyone who has benefits through the Alaska temporary assistance program.
  • Professional hockey players and coaches, as long as they are covered under a health insurance plan.
  • Some real estate agents
  • Anyone defined as a transportation network company driver.

Arizona 

There are only 4 exemptions from Arizona’s workers’ compensation. Independent contractors and casual laborers do not need to be covered. As well as any employee who voluntarily chooses to not have workers’ compensation coverage. The only owners who do not have to have coverage are sole owners who have no employees. Beyond that, any business owner with one or more employees needs workers’ compensation coverage.

Arkansas

Employers with fewer than three workers do not have to provide coverage unless the workers are:

 

  • Agricultural farm laborers
  • Domestic workers in a private home
  • Gardeners, maintenance workers, remodelers who work in a private home
  • Employees of non profit, religious, charity, or relief organizations
  • Employees of newspapers, magazines, periodical vendose, sellers, or deliverers
  • Real estate agents

California 

All employers have to carry workers’ compensation insurance for themselves and their employees. The only exceptions to this are sole owners who opt out of coverage for themselves, or employers who have approval to self-insure.

Colorado

Colorado employers with at least one employee have to have workers’ compensation coverage. The exemptions to this are:

 

  • Casual maintenance or repair workers who performed less than $2,000 of work in a single year
  • Commission based real estate agents and brokers
  • Ski area volunteers
  • Part time domestic, maintenance, and repair workers for private homes
  • Drivers under a lease agreement with a common or contract carrier
  • Federal and railroad employees covered by workers’ compensation under federal laws
  • Some corporate officers and LLCs

Connecticut

Connecticut is another state that requires all businesses to carry workers’ compensation insurance with very few exceptions. The only employees that don’t need coverage are domestic workers who work less than 26 hours a week. Sole owners, corporate officers, and partners are allowed to opt out of coverage for themselves but they must have coverage for their employees.

Delaware

Farm laborers and household workers in a private home who earn less than $750 every 3 months do not need workers’ compensation insurance. Other than that every other business owner and employee needs to be covered.

Florida

Employers with four or more employees must carry workers’ compensation insurance, unless one of the following applies:

 

  • Farm laborers, unless there are more than 6 full time employees, or 12 seasonal employees.
  • Independent contractors

Georgia

The only exceptions are sole owners and partners in a partnership. Businesses with three or more employees have to carry coverage.

Hawaii

Any employer with one or more full-time, part-time, permanent, or temporary employees has to provide workers’ compensation coverage. Exemptions include:

 

  • Sole owners
  • Partners
  • Corporate officers
  • Domestic workers who earn less than $225 a year
  • Some stockholders who own 25% stocks
  • All stockholders with at least 50% stocks
  • Commission based real estate agents

Idaho

Every employer has to provide coverage. Exemptions to this law include:

 

  • Employees in a domestic household
  • Casual employees
  • Sole owners
  • Partners
  • Corporate officers
  • Family who works for an employer who is a sole proprietor
  • Real estate agents

Illinois

If you have a single employee, even a part-time worker, you have to purchase workers’ compensation insurance. Only sole owners, partners, corporate officers, and real estate agents are excluded.

Indiana

Exemptions for employees and owners for workers’ compensation insurance include:

 

  • Sole owners
  • Partners
  • Corporate officers
  • Independent contractors
  • Real estate agents
  • Casual employees
  • Farm and agricultural employees
  • Employees in a domestic household
  • Railroad employees

Iowa

Every employer has to provide coverage. Exemptions include:

 

  • Sole owners
  • Partners
  • Corporate officers
  • Independent contractors
  • Family employed by a relative for agricultural work
  • Casual employees in a domestic household

It’s important to note that some of these exemptions only apply if the employee earns less than $1,500 a year. 

Kansas

All Kansas companies must have workers’ compensation insurance with only a few exceptions. Some agricultural workers do not need to be covered. Sole owners, partners, corporate officers, and independent contractors with no employees do not need workers’ compensation insurance.

Kentucky

For Kentucky businesses all employers must provide workers’ compensation insurance unless their employees are:

 

  • Agricultural employees, or agricultural owners
  • Less than two domestic employees who work less than 40 hours per week each
  • Anyone working in exchange for aid (such as housing or food) instead of money for charity or religious organizations
  • Certain religious organizations

Louisiana

Exemptions for workers’ compensation insurance in Louisiana are:

 

  • Employees of private residences
  • Employees of private unincorporated farms
  • Musicians and performers
  • Airplane crews who fly for crop dusting or spraying operations
  • Uncompensated officers of board of directors of nonprofit organizations

Maine

Employers with at least one employee have to provide coverage. Exemptions include:

 

  • Sole proprietors, partners, and officers of corporations
  • Some domestic employees
  • Some agricultural employees

Maryland

Employers with at least one employee have to provide coverage. Exemptions include:

 

  • Sole proprietors
  • Partners
  • Officers of corporations
  • Certain agricultural employees

Massachusetts

All employers must provide coverage. Exemptions include:

 

  • Customers of an LLC
  • Partners of a limited liability partnership
  • Sole proprietors of an unincorporated business (employees must still be covered) have to carry insurance.
  • Domestic service employees working less than 16 hours per week

Michigan

Employers who regularly employ one or more employees for 35 or more hours per week for 13 or more weeks in the 52 weeks prior must provide coverage. Exemptions include:

 

  • Agricultural workers (fewer than three employees working less than 35 hours per week)
  • Domestic workers (fewer than three employees working less than 35 hours per week).

Minnesota

All employers must provide coverage. Exemptions include:

 

  • Sole proprietors, partners, and officers of corporations
  • Employers subject to federal liability statutes
  • Agricultural operations with some limitations

Mississippi

Employers with at least five employees have to provide coverage. Exemptions include:

 

  • Sole proprietors
  • Partners
  • Officers of corporations
  • Employers with five or fewer workers
  • Domestic laborers
  • Farm laborers
  • Independent contractors

Missouri

Employers with at least five employees have to provide coverage. Exemptions include:

 

  • Workers in the railroad, postal, and maritime industries covered by federal laws
  • Farm laborers
  • Personal servants in a private residence
  • Occasional workers performed in a private household.
  • Professional real estate agents
  • Direct sellers
  • Volunteers of an organization exempt from federal income tax
  • Non-event-sponsor-employed sports officials or contest workers for interscholastic activity programs or amateur youth programs.

Montana

All employers must provide coverage. Exemptions include:

 

  • Sole proprietors, partners, and officers of corporations
  • Domestic or household employees whose typical responsibilities include house cleaning and yard work
  • Casual employment
  • Only those working for assistance or sustenance
  • Officials of amateur athletic competition, such as a timer, referee, umpire, or judge.
  • Real estate, securities, and insurance salespeople paid solely on commission with no minimum earnings guarantee
  • Direct sellers
  • Those who deliver single or multiple newspapers and have acknowledged in writing that they have no insurance coverage.
  • Freelance correspondents who submit articles or photographs for publication are compensated for each submission but have not confirmed coverage in writing.
  • Barbers and cosmetologists who have contracts with cosmetology salons.
  • Petroleum land specialists
  • Licensed jockeys participating in a horse race, from the time the jockey reports to the scale room until the jockey is weighed out after the race.
  • Licensed trainers, assistant trainers, exercise persons, and pony persons on the premises of a licensed horse race meet.
  • Non-Montana residents whose primary duties are not performed outside the state. The employer must adhere to the coverage requirements in the location where the employee resides or works.
  • Officers or managers of a private, non-profit irrigation ditch company, water user cooperative, corporation, or organization.
  • A minister who is ordained, commissioned, or licensed by a church or religious order.
  • Individuals who provide companionship services or respite care to incapacitated individuals. The individual providing services or care must be directly employed by a family or legal guardian.
  • Excluding air search and rescue volunteers, volunteer reserve auxiliary law enforcement, and volunteer firefighters, volunteer workers are defined as:
  • Professional athletes who compete in contact sports for a team or club
  • Personnel of freight brokers and forwarders
  • A musician whose performance is governed by a written contract
  • a few agricultural employees

Nebraska

Employers with at least one employee have to provide coverage. Exemptions include:

 

  • Federal workers, railroad workers, independent contractors, and the majority of volunteers are exempt
  • Domestic servants
  • Agricultural laborers
  • Sole proprietors, partners, and officers of corporations

Nevada

Employers with at least one employee have to provide coverage. Exemptions include:

 

  • Employment associated with entities engaged in interstate commerce that are not subject to Nevada’s legislative authority
  • Employment covered by private disability and death benefit plans comprising compensation payments of equal to or greater amounts than those provided in NRS 616 and in effect for at least one year prior to July 1, 1947.
  • Temporary employees insured in another state who are brought into Nevada if extraterritorial coverage provisions are in effect with the other state.
  • Casual employment in the construction industry (employment lasting less than 20 days with a total labor cost of less than $500), if the employment is not in the course of the employer’s trade, business, profession, or occupation.

New Hampshire

Employers with at least one employee have to provide coverage. Exemptions include:

 

  • Sole owners
  • Limited liability company (LLC) with three or fewer executive officers and no other employees.

New Jersey

Employers with one or more employees have to provide coverage, with the exception of those covered by federal programs.

New Mexico

Employers with at least three employees have to provide coverage. Exemptions include Sole proprietors. However, sole proprietors are counted as employees when determining whether a business employs three or more individuals.

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New York

All employers must provide coverage. Exemptions include:

 

  • Volunteers who provide their services to nonprofit organizations without compensation
  • Ministers, priests, and rabbis duly ordained, commissioned, or licensed; sextons; Christian Science readers; and sects of religious orders
  • Customers of supervised amateur athletic activities operated on a nonprofit basis, provided that such s are not otherwise engaged or employed by any person, firm, or corporation participating in such athletic activity Educators in a nonprofit religious, charitable, or educational institution
  • Individuals employed in a nonmanual capacity by or for a religious, charitable, or educational organization.
  • Persons receiving charitable aid from a religious or charitable institution who perform work in exchange for such aid, but who are not under an express contract of hire, are considered unpaid volunteers.
  • People who are covered for specific types of employment under another workers’ compensation system, such as those employed in certain maritime occupations, interstate railroad employees, federal government employees, and others who are covered by federal workers’ compensation laws.
  • The spouse and minor children of a farmer-employer, provided they are not under an express contract of employment.
  • Certain foreign government and Native American Nation employees
  • Provisions of the New York State General Municipal Law that protect New York City police officers, firefighters, and sanitation workers
  • People, including minors, performing yard work or casual chores in and around a single-family, owner-occupied residence or a noncommercial organization’s property.
  • Certain real estate salespeople who sign a contract with a broker stating that they are independent contractors are considered independent contractors.
  • Certain media sales representatives who sign a contract stating they are independent contractors are considered independent contractors.
  • Certain insurance agents or brokers who sign a contract stating they are independent contractors are considered independent contractors.
  • Sole proprietors, partners, and certain corporate officers with no additional personnel providing essential business services.

North Carolina

Employers with at least one employee have to provide coverage. Exemptions include:

 

  • Sole proprietors, partners, and officers of corporations
  • Some railroad personnel
  • Casual employees
  • Domestic servants employed directly by the household
  • When less than ten full-time, non-seasonal farm laborers are regularly employed by the same employer, they are considered farm laborers.
  • employees of the federal government in North Carolina
  • Those who sell agricultural products for their producers on commission or for other compensation, provided the product is prepared for sale by the producer.

North Dakota

There are no exceptions in North Dakota. All businesses must have workers’ compensation insurance.

Ohio

All employers must provide coverage. Exemptions include:

 

  • Partnership Limited liability company that operates as a sole proprietor
  • LLC serving as a partnership
  • Directors of family farm corporations
  • Individuals with no employees incorporated as a corporation
  • A religious organization’s ordained or associate ministers

Oklahoma

All employers must provide coverage. Exemptions include:

 

  • Independent contractors
  • Some agricultural employees
  • Certain providers of services administered by the Oklahoma Department of Human Services who are licensed and compensated on a commission-only basis
  • Any employee of an employer with five or fewer employees who are all related to the employer by blood or marriage. Any employee of a tax-exempt youth sports league.
  • Sole proprietors, partners, and officers of corporations
  • Any individual who performs volunteer work and receives no remuneration other than meals, drug or alcohol rehabilitation therapy, transportation, lodging, or reimbursement for incidental expenses is considered a volunteer.
  • Owner-operators of tractor-trailer trucks
  • Drive-away sole proprietors

Oregon

Employers with at least one employee have to provide coverage. Exemptions include:

 

  • Sole proprietors, partners, and officers of corporations
  • Family-owned businesses with no employees in which multiple families are employed.
  • leased employees
  • Temporary employees

Pennsylvania

Employers with at least one employee have to provide coverage. Exemptions include:

 

  • Federal workers
  • Longshoremen
  • Railroad employees
  • Casual employees
  • Some agricultural laborers
  • The Workers’ Compensation Act does not apply to domestic workers Sole proprietors, partners, and corporate officers
  • Executive officers for whom the Department of Labor and Industry has granted a religious exemption
  • Real estate salespeople with a valid license or associate real estate brokers

Rhode Island

Employers with at least one employee has to provide coverage. Exemptions include:

 

  • Sole proprietors
  • Partners
  • Officers of corporations
  • Independent contractors

South Carolina

Employers with four or more workers have to provide coverage. Not a single exception exists.

South Dakota

Unlike most other states, South Dakota employers do not legally have to carry workers’ compensation insurance. To avoid civil lawsuits, however, the state encourages employers to have workers’ compensation coverage. 

Tennessee

Employers with at least five employees have to provide coverage. Exemptions include:

 

  • Farm laborers
  • Domestic laborers
  • Sole proprietors, partners, and officers of corporations

Texas

Except for private employers under contract with the government, Texas employers are not required to carry workers’ compensation insurance.

Utah

Employers with at least one employee are required to provide coverage. Exemptions include:

 

  • Sole proprietors, partners, and officers of corporations
  • Independent contractors

Vermont

All employers must provide coverage. Exemptions include:

 

  • Casual employees
  • Participants in amateur sports
  • Some agriculture employees
  • Volunteers

Virginia 

Employers with at least three employees are required to provide coverage. Exemptions include sole owners. However, sole owners are counted as employees when determining whether a business employs three or more individuals.

Washington

All employers must provide coverage. Exemptions include:

 

  • Certain executives of public corporations
  • a number of independent contractors
  • Volunteers

West Virginia

Employers with at least five employees have to provide coverage. Exemptions include:

 

  • Domestic staff
  • Casual workers
  • Employees of religious institutions Athletes in professional sports
  • Employers participating in federal programs

Wisconsin

Employers with at least three employees have to provide coverage. Employers with fewer than three employees who pay wages of at least $500 per calendar quarter must also carry workers’ compensation insurance. Exemptions include some farm laborers.

Wyoming

Employers with three or more workers must provide coverage. Employers with fewer than three workers who pay at least $500 in wages per calendar quarter have to carry workers’ compensation insurance. Exemptions include some farm workers.

Workers’ Compensation Made EZ

Most states require businesses to carry workers’ compensation insurance, which will not only protect your business but also your employees. Keeping your employees safe does not have to be an expensive endeavor for your company. There are numerous ways to promote safety routines and programs, all of which will help you reduce your workers’ compensation costs. If you use the best practices for claims management and follow them in a timely manner, your employees will be able to return to work as soon as they receive medical clearance to do so. Not only will production return to normal, but workers’ compensation costs will get cheaper as well. 

 

Come to EZ for free, instant quotes from one of our agents if you are looking for the best workers’ compensation policy. And if you already have workers’ compensation benefits but are looking for a better deal, we can assist you. Your EZ agent will be familiar with the local laws and able to guide you as you shop around for the best policy at the most affordable price. Enter your zip code in the box above or call us at 877-670-3538 to speak with one of our agents.

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What Isn’t Covered by Workers’ Compensation?

What isn't covered by workers' compensation text overlaying image of a worker looking in the distance Every business that has employees should have workers’ comp insurance. In fact, this type of coverage is required in most states. But even if it weren’t required to have it. You would still have a responsibility to protect your business and its employees from the legal and financial risks associated with workplace injuries. 

 

These policies typically cover most workplace injuries and illnesses caused by workplace conditions. But workers’ compensation cases aren’t always black and white. They definitely cover things like repetitive stress injuries, traumatic brain injuries, broken limbs sustained after a fall, etc. But what are the limits? What or who is does workers’ compensation not cover?

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Workers’ Compensation Coverage Limits

Workers’ compensation insurance is among the simpler types of commercial insurance policies to understand. Simply put, if one of your employees sustains an injury on the job, the policy will be cover them. Employees benefit from compensation for medical expenses and lost wages, and businesses save money by avoiding lawsuits. 

 

But in reality, though, things are not always so straightforward. Some workplace injuries may raise doubts in the minds of employers. What if, for instance, a worker sustains an injury on the job, but the incident was entirely their own doing? 

 

In this case, you should know that workers’ compensation is no-fault. Which means that employees who are injured due to their own carelessness are still entitled to benefits. However, this still has its limits. For example, an employee’s claim will be denied if the incident that led to the injury occurred while the worker was under the influence of alcohol or drugs. 

 

In addition, workers’ comp generally covers repetitive stress injuries like carpal tunnel syndrome and asbestosis. But when it comes to repetitive stress injuries like chronic back pain or diseases like heart disease or high blood pressure, things become a little murkier. An employee claiming that one of these conditions is from work must provide overwhelming evidence.

 

So, let’s clear things up a little and look a little more closely at what isn’t covered by workers’ compensation.

Examples of Injuries Workers’ Compensation Won’t Cover

Workers’ compensation insurance covers most injuries on the job or when an employee is off-site but still working. Injuries employee injuries in the workplace must be evaluated on a case-by-case basis. There are exceptions to coverage, including:

 

  • Driving to or from work – If an employee is hurt while commuting to or from work, the injury is not considered to have occurred in the course of their employment. As a result, the employee is not eligible for compensation unless they were driving specifically for their job.
  • Injury while intoxicated – If an employee sustains an injury while under the influence of an illegal substance or while intoxicated, and if the employee’s intoxication is the only cause of the injury, the injury will typically not be covered by workers’ comp.
  • Horseplay – Playing around at work, in general, does not contribute to the success of the company, which is why an injury that results from such an activity is not covered by insurance. But there is an exception to that rule. If an employee gets an injury during the incident but wasn’t directly part of the horseplay, the rule will not apply to the employee.
  • Intentional actions – In the event that a worker intentionally brings about their own injuries or illnesses while on the job, workers’ compensation will not cover them.
  • Illegal activities – Workers’ compensation won’t cover injuries of workers as a result of illegal activities on the jobsite.
  • Policy violations – Employees who sustain injuries while acting in a manner that is contrary to the company’s policies, procedures, or protocols are not covered by workers’ compensation.
  • Ex-employees – Unless the injury occurred before the employee was terminated from their position. Former employees who have been fired or laid off from their jobs will no longer be covered by workers’ compensation insurance.

Are All Employees Covered?

Workers’ compensation coverage requirements vary by state, as well as by the number of employees and their classification codes. For example, manual laborers are classified differently than office workers for workers’ comp purposes. Some states, for instance, mandate workers’ comp insurance only for businesses with a specific number of employees. In general, though, all full-time employees must be covered by workers’ compensation insurance, but the specific regulations may vary from state to state. Workers’ compensation laws for freelancers, temp workers, and interns are not standardized across the country. 

 

In some states, workers’ compensation insurance is optional for:

 

  • Farmhands
  • Insurance agents
  • Family members under a certain age
  • Casual workers
  • Business owners and partners
  • Real estate agents

 

Most state laws also list specific types of employment excluded from workers’ compensation coverage. Typical examples of excluded workers include:

 

  • Part-time domestic workers, such as maids and nannies
  • Part-time gardeners or maintenance workers employed in the home to perform specific work.
  • intermittent workers performing very little work in the course of a year.
  • Taxi drivers
  • Some agricultural workers

 

Workers’ compensation insurance is typically required by states, but the federal government does not provide its employees with this protection. Instead, they are protected by federal workers’ comp. 

 

These exemptions are not universal, and you should be aware of the workers’ compensation laws in your state. Check out our state-by-state workers’ comp guides for more specific information on laws in your state.

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Is There a Workers’ Compensation Claim Deadline?

The majority of the time, the rules governing workers’ compensation work in the employee’s favor. On the other hand, though, employees cannot decide to make a claim for an injury that occurred years ago. 

 

Although there may be some exceptions to these rules. In general, a claim for workers’ compensation benefits has to be made within a certain amount of time in order to be considered. Employees usually have between one and three years from the date of the accident to notify their employer and file a complaint with the state from the time the accident occurred. This time period varies from state to state. Check out our guides to workers’ compensation in each state to get an accurate estimate of the amount of time your employees have to file claims, as well as how long the claims process generally takes.

Does Where an Employee Gets Injured Matter?

The vast majority of injuries that occur while working are covered by insurance, with a few exceptions. But is it necessary for an employee to actually be present at their place of business? In the vast majority of cases, it doesn’t make a difference where the employee is located, as long as they are working; in fact, they could even be traveling between different locations.

 

Take, for instance, a scenario in which your employee sustains an injury while traveling to or from work. Because they were not carrying out any work-related responsibilities, they would not be eligible for workers’ compensation benefits. Suppose on the other hand, that a contractor must travel from one location to another in order to check on worksites or deliver supplies. Because the contractor was carrying out their duties at the time of the injury, they would be eligible for coverage in the event that they were in a car accident.

Workers’ Comp Laws for Federal Employees, Railroad Employees, and Longshoremen

Workers’ compensation benefits for federal employees, railroad workers, and longshoremen (dock workers) are administered by separate systems from those administered by individual states.

 

Postal workers and other federal employees have access to benefits under the Federal Employees’ Compensation Act (FECA). Injury and illness on the job are covered by this law.

 

The Federal Employers’ Liability Act, also known as the Railroad Workers Act, provides protections for railroad workers. In the event of an industrial accident on the railroad, this law allows employees without workers’ compensation to sue their employer. they may get compensation for expenses such as medical care, lost wages, and pain and suffering.

 

The Longshore and Harbor Workers’ Compensation Act governs workers’ compensation for longshoremen who sustain injuries or occupational diseases while working on U.S. navigable waters or piers.

 

There are workers’ compensation lawyers who focus on these types of situations. If you are a federal employee, railroad worker, or longshoreman and you get an injury on the job, you should hire a lawyer who focuses on workers’ compensation law.

EZ Can Help

Every business owner should think of workers’ compensation insurance as essential to their operations. It safeguards not only the employees on whom you rely on and who are important to you, but also the hard work that you have put into building your business. But, as with any other insurance policy, there are limits to its coverage. And both employers and employees should be aware of the things that the policy does and doesn’t cover. 

 

EZ is here to assist you with any questions you may have regarding workers’ comp coverage for your business. We will set you up with your own dedicated agent. Who will provide you with instant free quotes, answers to all your questions, and help choosing and signing up for policies, all free of charge. You already have a lot on your plate, so let us handle your insurance needs. To start, simply enter your zip code in the bar located below. Or you can call 877-670-3538 to speak with an agent right now.

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General Liability Vs. Professional Liability

Just one single lawsuit can damage your business beyond repair, so there’s no doubt that you need liability insurance. But it can be a challenge to figure out what kind of commercial insurance your business needs. Different policies cover different risks and claims; in fact, one of the most common questions from small business owners is “What’s the difference between general liability and professional liability insurance?” Both cover different types of risks, and figuring out how each works can be confusing. Understanding how they compare will help you make the best decision for your business. You might even need both!

What Is General Liability Insurance?

brown gavel
Court, attorney fees and settlements will be covered under general liability insurance.

General liability insurance is the most basic kind of commercial insurance. It covers costs if a third party accuses your business of causing them physical harm, damaging their property, harming their reputation through slander, or advertising errors that infringe on their copyright. These policies are usually written on an “occurrence” basis, which means that all losses will be covered during the time of the policy period, regardless of when you file the claim. General liability insurance will cover expenses including:

  • Court costs
  • Attorney’s fees
  • Settlements
  • Judgements
  • Third-party medical bills
  • Third-party repair bills

What Is Professional Liability Insurance?

Professional liability insurance, which includes errors and omissions, or E&O, insurance, covers legal defense if a third party claims they suffered a financial loss as a result of your negligence. It is written on a “claims made” basis, which means that the damages had to have occurred within the active policy period or they will not be covered. Some of the claims that professional liability insurance covers include:

  • Negligence
  • Inaccurate professional advice
  • Failure to uphold contractual promises
  • Work that was not completed
  • Work mistakes or omissions
caucasian man and woman mad at an African american man in a suit sitting at a desk.
Both insurance policies will cover you in the event of any damages to third parties.

Coverage will typically pay for:

  • Attorney’s fees
  • Court costs
  • Investigator’s bills
  • Settlements
  • Judgements

How They Are Similar

Both protect against business liabilities and cover:

  • Damage to third parties.
  • Accidental damage, not intentional damage
  • Restricted coverage within a specific area; if you go outside that area you will not be covered. 

How They Differ

The main difference between general liability and professional liability insurance is the risks they cover. General liability insurance will cover physical risks, like bodily injuries or property damage caused by your business’ daily operations. Professional liability covers financial losses resulting from negligence, errors, or omissions that occur when you provide your services to others.

Who Needs General Liability Insurance?

Every business owner should consider buying a general liability insurance plan to protect their assets. Accidents happen, and when you own a business, these accidents can be quite costly. You should consider general liability insurance if you:

black and white photo of the back of a woman sitting in front of a computer screen.
If you have a home based business, then general liability is necessary. If you provide professional services or advice, then professional liability is necessary. 
  • Have customers visiting your location.
  • Rent a physical location.
  • Handle other people’s property.
  • Own a home-based business.
  • Sell, manufacturer, or distribute products.
  • Advertise your services.

Who Needs Professional Liability Insurance?

Professional liability insurance is important to consider if your business provides professional services and has specialized professional training. Some professionals might even be legally required to obtain this type of insurance. You should consider a professional liability insurance plan if you:

  • Provide professional or technical services or advice.
  • Are expected to maintain professional standards.

Some examples of people who should have professional liability insurance are lawyers, consultants, accountants, and technology inspectors.

Which Do You Need?

In many cases, you will need both policies to fully protect your business from an unexpected lawsuit. EZ.Insure provides licensed agents who are highly trained in commercial insurance and can help determine which policy better suits your business, or if you need the coverage of both types. We will compare all plans and find the plan that offers the most coverage at the best price. To get free quotes, simply enter your zip code in the bar above, or to speak with one of our specialized agents, call 888-615-4893.

Why Cyber Liability Claims Are So Costly

You have probably heard or read about something like this in the news- a large company is hacked, leading to a major data breach. For example, not too long ago, big box store Target was the victim of a hacker, and thousands of customers had their sensitive information exposed. Fortunately for big companies like Target, they are large enough to survive a cyber liability lawsuit. Unfortunately, many small businesses aren’t so lucky. In fact, more than 60% of small businesses go under within 6 months of a cyberattack. Cyber liability breaches (and claims) come with expensive legal settlements and large fines, not to mention damage to your reputation and brand. It is important to have the right cyber liability insurance policy, because recovering from a cyber security breach can drain your business’s time and money. 

How Much Can Cyber Claims Cost Your Business? 

a hundred dollar bill on fire, burning.
A data breach can cost your business thousands, even millions of dollars.

Data breaches can cost your business an enormous amount of money. There is a lot you need to do in the case of breach, which all adds up. You have to notify all of your customers whose information was affected as soon as possible (as required by state law). You must also investigate and correct the breach, which can cost a lot of money, and take months or even years. A study from the IBM/Ponemon Institute found that data breaches cost businesses $242 per stolen record on average. That means the average U.S. data breach costs more than $8 million.

The reason cyber liability claims cost so much is that they include the costs of:

  • Finding and repairing the cause of the breach– Hiring an expert can cost anywhere from $200 to $2,000 per hour.
  • Notifying customers– Contacting the affected parties can cost anywhere from $1 to $5 per notice.
  • Credit monitoring for affected customers for two to three years– This can cost anywhere from $10 to $30 per individual, and needs to continue for at least 2 years. 
  • Fines or penalties
  • Client’s financial losses if you are sued– The average cost for legal defense is $740,000, while the average legal settlement is about $2 million.
  • Defense costs and legal fees

What Cyber Liability Insurance Covers

While some small business owners might think that cyber liability insurance is only necessary for big companies, this couldn’t be further from the truth. Any business, no matter the size, can be hacked, and a network failure or breach can end up costing you hundreds of thousands of dollars. Any business that operates online and handles sensitive information needs cyber liability insurance. For example, if customers  use credit cards to pay for your services on your site, then you are at risk of a breach.

Cyber insurance provides protection for your business from financial losses as well as the cost of data loss to your customers. It covers:

a woman holding up a tablet with a red screen and the word ransomware on it

  • Cyber Extortion– If a hacker accesses your database and is holding it for ransom, cyber liability insurance will help recover those losses. 
  • Forensic Support– Your policy will cover investigation-related expenses and consultation fees. 
  • Legal Fees– Cyber liability insurance helps pay for legal help and advice when dealing with a lawsuit brought by clients or staff.
  • Business Interruption– A data breach affects your day-to-day operations, which leads to additional losses of income and revenue. Cyber liability can help cover these losses.

Different Cyber Liability Insurance

There are two kinds of cyber liability coverage:

  • First-party cyber liability insurance covers costs from a cyberattack or data breach on your own network or systems.
  • Third-party cyber liability insurance protects businesses from lawsuits related to a cyber incident that affects a client.a blue lock on a screen with green coding around it

Cyber liability insurance might seem pricey, but when considering the cost of cyber liability claims, it is a necessary expense. If you are worried about the cost, remember that there are many different plans that can be tailored to your specific business and needs. You can choose how much coverage you need and how much you can afford to spend. Most business owners add first-party cyber liability insurance coverage to their general liability policy, so you might be able to get a deal if you bundle your policies.

If you are interested in cyber liability insurance, and do not know where to start or what type of coverage you need, EZ can help. EZ.Insure understands just how important it is to protect customer’s information. We will provide you with an agent to help you find the right plan to fully cover you and protect your customers’ privacy. Your agent will compare quotes from all plans available in your area, and find the best plan at the best price. Even having the best cybersecurity does not completely eliminate the risk of a data breach, so it is best to protect your business with insurance. To get instant free quotes, simply enter your zip code in the bar above, or to speak directly to an agent, call 888-615-4893.

Commercial Insurance Renewal Checklist

Having commercial insurance is important for your business. The right coverage mitigates any financial risks and protects you in case of any unexpected events. To make sure that your business has adequate insurance coverage, you need to review your commercial insurance policies annually, rather than just allowing them to automatically renew. Using a business insurance renewal checklist will make it easier to assess your current needs and will make the renewal process go as smoothly as possible. You can also use a checklist to prepare you to speak with an insurance agent. An EZ agent will use the info you gather to help make sure you are fully covered, and to see if there are any discounts available. 

two pages with data reports on them laying on a table next to a computer keyboard
Review your financial statements, data, and property values.

1. Gather Policies, Reports & Data

Before it is time to renew your commercial insurance policies, gather all your financial reports including profit and loss statements, so you can go over your real property values and locations, income generated from those properties, gross revenues, inventories and any other financial details related to your business. Any changes in your revenue affect your insurance; as revenue increases, your premiums will increase as well.

In addition to gathering all of your financial documents, you should also look at all of your insurance policies, and your workers’ compensation experience data rating sheet. Reviewing all of these documents together can help you determine if you need to lower your coverage, increase your coverage, or get rid of certain policies. 

2. Review Any Changes You’ve Made to Your Business

If you have opened a new location, purchased new equipment, or updated your current building,  this will affect your commercial insurance coverage. If your business has grown, then the coverage that you had from last year will not be sufficient. On the other hand, if you’ve pared down, then you might be paying for insurance that you don’t even need! 

3. Review Changes To Your Staffgroup of people in casual attire standing next to each other with their hands on each others shoulders.

Have you hired any new employees? Have you lost some? Are some employees doing riskier work now than they were last year? If you’ve answered yes to any of these questions, then your current workers’ compensation coverage might need to be updated. The size of your payroll affects your workers’ compensation rate, so any time that employees join or leave your business, workers’ comp coverage levels should be adjusted. The insurance renewal process is the perfect opportunity to make sure that you have the appropriate workers’ comp coverage.

4. Check Policy Exclusions

When it is time to renew your insurance, make sure to double-check your policy exclusions to determine what events and circumstances your policies will and will not cover. Make sure that you are comfortable with these exclusions, and if you are not, speak to an EZ agent. Our agents will make sure that any particular event you want covered will be covered next year.

claims written on a blue post it note that is on top of a stack of paperwork with the word "claim form" on the top
The less claims you have made, then the lower your rates may go down over time.

5. Review Your Claims History

Losses and claims have a major effect on your insurance premiums. A history of claims will drive your premiums up, but if you have a clean loss history, your rates may go down over time. Assess how many claims you have made and why, and see if there is a way to prevent making them in the future. And if you have not had any claims or losses, speak to an EZ agent to see if you can get a discount on next year’s policy.

6. Choose The Right Agent

A good insurance agent will take the time to review all of these documents, statements, and changes to your company. They will also take the time to review your policies and make sure your business will be fully protected in the coming year. Even if there haven’t been any changes to your business, it is still good practice to regularly update your existing policies, and an EZ agent can check to see if there might be a better policy available to you. 

Choosing the right agent is the best way to save money on your commercial insurance policies, and EZ has the best agents for the job. Our agents will assess your business’s needs and compare all available plans in your area at no cost to you. We truly care about your needs, which is why our services are always free. To get instant, accurate quotes, enter your zip code in the bar above, or to speak directly to one of our licensed agents, call 888-615-4893.

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