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Workers’ compensation
Contingent liability for uninsured contractors
A subcontractor’s employee is injured on the job and it is discovered that the subcontractor’s policy is not in force. The general contractor’s policy pays the subcontractor’s employee the workers’ compensation benefits. Can the subcontractor’s employee sue the general contractor for negligence and collect, or is he or she barred by statute because the general contractor now becomes the employer?
Calculating payroll—retirees
We insure a business for workers’ compensation. The company has had a profit-sharing plan for more than 30 years. An individual has retired from their former position and is collecting benefits under the profit-sharing plan but has returned to work as a part-time employee. The insurer is including the retirement (profit-sharing) benefits as remuneration along with the salary the individual receives for the part-time work. Is this correct?
Two corporations, one risk
We insure two corporations. The same person owns and is an executive officer of both. How should we handle this situation for workers’ compensation purposes; that is, should the executive officer remuneration be included in the rating base of both policies?
Injury reporting deadline
Our client’s workers’ compensation carrier is denying a claim for a hernia because it wasn’t reported within 48 hours. Where does it say they can do this?
Waivers of subrogation
Are “waiver of subrogation” endorsements permitted in New Jersey on workers’ compensation policies?
Portal-to-portal if paid to travel
We have a carpet installer that is “on the clock” from the time he leaves his house through the last job of the day. There was an accident en route to his first job, and the workers’ compensation carrier is denying coverage. They say he is not considered on the job until he arrives at the first job, even though the company is paying him when he leaves his residence. What are the rules?
Volunteer firefighters—other duties
We write a workers’ compensation policy for a volunteer fire department. Because they cannot get a reasonably priced service to cut the grass, they pay volunteer firefighters to mow their lawn. Does the classification need to be amended to reflect this exposure?
Workers’ compensation—unpaid premium on a previous policy
I understand that you can’t place business in the New Jersey Workers’ Compensation Plan if money is owed to the Plan, but what if they are insured with a voluntary carrier and they owe money to the voluntary carrier? Can they be placed with the Plan?
Workers’ compensation—real-estate brokers
I am confused about whether brokers working for a real-estate agency are considered employees or independent contractors with respect to workers’ compensation coverage. A recent Supreme Court ruling suggests they are treated as independent contractors if they have an agreement to that effect. What is their legal status?
Parking lot slip-and-fall injury—workers’ compensation or general liability
In New Jersey, if an employee slips and falls in our parking lot after his or her shift ends, would that be covered under workers’ compensation or general liability?
Stopgap insurance
Could you explain “stopgap” insurance? How is it provided?
Workers’ compensation—Florida domestic employees
We’re not sure where to turn to obtain workers’ compensation for a domestic employee who will be coming into our clients’ Florida home to care for the husband. Their homeowners carrier says we have to go through the Florida state plan. The state plan says it will provide coverage only if there are four or more employees. What should we do?
Covering workers’ compensation exposures in the Virgin Islands
We need to cover a possible workers’ compensation exposure in St. Thomas, Virgin Islands. Does St. Thomas require workers’ compensation and how can I provide it?
Temporary work in Canada
Our client will be doing well drilling in Ontario, Canada. How do I cover the workers’ compensation exposure?
Audit time frames
According to the insurance carrier, the wrong rates were used to rate workers’ compensation coverage for a construction business in 2023-24. In 2026, after a third audit, the company discovered the rate discrepancy and is now suing the business for the difference. Can they do this?
Workers’ compensation fines
Can members of a limited liability company or officers of a corporation be held personally responsible for workers’ compensation fines when the employer has failed to comply with the insurance requirements?
Form 154 requirements for out-of-state businesses when operating in Massachusetts
What workers’ compensation insurance requirement applies to a business domiciled in another state, but operating in Massachusetts?