Sep 12, 2017

Transportation company contingent liability for WC added to export list

The Department of Banking and Insurance has adopted an amendment to the exportable list regulation adding transportation company contingent liability for worker’s compensation to that list. The department’s decision to include transportation company contingent liability for worker’s compensation on the Exportable List is based on information gathered in 2014 and summarized in a 2015 report indicating that there is not a reasonable or adequate market among authorized carriers in the admitted market in this state.

Specifically, "transportation company contingent liability for worker’s compensation" is designed to fill a void in the transportation industry related to trucking independent contractors that are not required to be covered by worker’s compensation, and generally are not covered.

Such independent contractors injured in the course of employment often apply for worker’s compensation benefits even though they are independent contractors and are not entitled to such benefits. If the trucking company has worker’s compensation coverage for its employees, the company reports such claims by independent contractor drivers to the company’s worker’s compensation carrier and the carrier will defend and seek recoupment at some point for the legal fees and/or any paid benefits. If there is no worker’s compensation carrier in place, then the employer may be left without insurance coverage for worker’s compensation claims by independent contractors for which a court and/or adjudicating body may later determine that the company is liable.

This addition to the Exportable List only applies to policies sold to transportation network companies that provide contingent liability coverage for unanticipated worker’s compensation benefits payable to non-employee, independent contractor drivers.