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Workers’ compensation

310022-00

Employer’s recordkeeping and reporting duties
Can you explain Section 110 of the New York Workers’ Compensation Law, which lets employers pay directly for first-aid costs? When must a......

310029-00

Nonrenewal notice
Can a company nonrenew a voluntary-market workers’ compensation policy because of a history of slow payment by the insured?...

310049-00

Rating procedure—minimum premium
In rating a workers’ compensation policy subject to minimum premium, is the expense constant added to the minimum premium?...

310060-00

Prior owners’ experience applies
Recently, we have had two workers’ compensation clients affected by poor experience modifications resulting from the experience of previous......

310065-00

Partners, executive officers
We insure a wholesale store with only two employees who are the owners of the business. Their accountant said they don’t need to carry a......

310070-00

Voluntary supplement won’t cut worker’s benefits
One of my clients is an employer, a key employee of whom has sustained an on-the-job injury. The employee will be disabled for a number of......

310078-00

Uninsured subcontractor—NYSIF premium
Our general contractor client hired a sole-proprietor subcontractor who works alone without employees. He has not elected to carry workers’......

310082-00

Disability for leased employees
In an employee-leasing arrangement, is New York’s statutory disability coverage the responsibility of the leasing company, the business that......

310083-00

Landowner’s liability for uninsured contractors
We’re concerned about a possible exposure for a municipality we insure. The municipality leases land to a firm that runs an airport.......

310088-00

’Voluntary’ workers’ compensation: not for volunteers
Our insured is a fundraising organization that runs a Meals On Wheels program. Occasionally, volunteers help them out. Are the volunteers covered......

310089-00

Self-insured programs—employers’ liability
We are helping a hospital set up its workers’ compensation self-insurance program. Our concern is with employers’ liability, since......

310093-00

Employment status
An employee was directed by his employer to pick up the employer’s mail on the way to work. On this trip, the employee had an auto accident.......

310130-00

Workers’ compensation nonpayment cancellations
What is the time frame for canceling a workers’ compensation policy for nonpayment? Does this apply to both private carriers and the State......

310133-00

Recalculation of prior mods
We insure a contractor whose employee went to another contractor’s worksite and fell into a hole. The employee is collecting workers’......

310143-00

Caddies defined
How do we handle caddies for purposes of workers’ compensation? The caddies are compensated by the players they caddy for....

310148-00

DBL rules on LLCs
What is the correct way to treat the partners of limited liability companies for purposes of New York’s statutory disability coverage?...

310150-00

Credit for drug-free workplace
Can a carrier grant a credit on a New York state workers’ compensation premium for a drug-free workplace?...

310155-00

Time limit for WC uninsured penalty
Can an employer be charged with failure to maintain workers’ compensation coverage back in 2018-19? What evidence will the Workers’......

310156-00

Workers’ compensation, disability for family business
We insure a sole proprietorship. The owner’s wife works there. She is not an officer. Can she be excluded for workers’ compensation......

310162-00

Employee vs. independent contractor—insurance agents/brokers
When did insurance agents and brokers get the right to be treated as independent contractors?...

310163-00

Contingent liability for uninsured subcontractors
A subcontractor’s employee is injured on the job and it is discovered that the subcontractor’s policy is not in force. The general......

310164-00

Employee vs. independent contractor—principals excluded
If a sole proprietor or partner does not elect coverage on their workers’ compensation policy, could they collect from the policy of the......

310165-00

Employee vs. independent contractor—contract
Is it possible for the employer and the worker to establish an independent contractor relationship by contract?...

310166-00

Insuring independent contractors
Is an independent contractor with no employees required to have workers’ compensation insurance when hired by another entity? Must the......

310211-00

An employee’s right to sue under voluntary workers’ compensation coverage
If an employee is not subject to the Workers’ Compensation Law and the employer chooses to voluntarily cover the employee for......

310216-00

Additional insured’s obligation on reporting claims
What are the additional insured’s obligations with respect to reporting a claim to the carrier? If the carrier for the workers’......

310239-00

Workers’ compensation employee waivers
Insured has an independent contractor who does part-time clerical work for him at his office. She also works for some five to 10 other people at......

310242-00

Requiring employee contributions for workers’ compensation premium
My retail carpet store client has a workers’ compensation policy. Besides his regular employees, he hires independent contractors......

310260-00

Religious institutions
Is workers’ compensation required for clergy or employees of the church (i.e., secretary, organist, etc.)? If not, what happens when......

310266-00

Ensuring protection for leased employees
My client has leased employees from a labor contractor. The labor contractor has purchased the workers’ compensation policy for the leased......

310280-00

Workers’ compensation—owner of timber land
Our insured owns a golf course, for which he maintains a workers’ compensation policy. When closed for the winter, he will be doing some......

310317-00

Workers’ compensation—LLC as named insured
Should the members of a limited liability company be listed as named insureds on a workers’ compensation policy?...

310321-00

NYSIF short-rate penalty
How can an employer avoid a short-rate penalty when replacing a New York State Insurance Fund policy at renewal?...

310323-00

Workers’ compensation—requirements for hiring a loss-control service
We recently learned that New York has a provision that requires all insureds with workers’ compensation mods over 1.2 to hire a loss-control......

310340-00

Treatment of LLC members under the Workers’ Compensation Law
My client is a limited liability company with one member. A workers’ compensation policy was purchased to cover a worker employed by the......

310386-00

WC disability benefit for concurrent employment
My client’s employee was injured while working a second job and will be unable to work for four months. Will his disability benefit include......

310390-00

Three-day vacation nanny
My clients are going to hire a nanny to travel with them and care for their children while on vacation for three days. This is a one-time hire of......

310394-00

Certificate law and WC insurance
Does Insurance Law (Article 5) governing certificates apply to workers’ compensation policies? If so, does the New York State Insurance Fund......

310398-00

NYSIF surcharge differentials
Why do policies written in the New York State Insurance Fund have rate modifications that private insurers do not have?...

310471-00

Separate entities under one policy
I have an insured who is interested in having three separate entities with three separate Federal Employer Identification Numbers employing......

900021-00

Stopgap insurance
Could you explain “stopgap” insurance? How is it provided?...

900067-00

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’......

900176-00

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’......

900177-00

Temporary work in Canada
Our client will be doing well drilling in Ontario, Canada. How do I cover the workers’ compensation exposure?...

900182-00

Audit time frames
According to the company, the wrong rates were used to rate workers’ compensation coverage for a construction business back in 2018-19. In......

900197-00

Florida traveling salesperson
Our insured is opening a Florida sales office. The salesperson will be based in Florida but traveling 50% of the time. Do you know if a Florida......

900230-00

Class change upon audit
Can a carrier add a new class to a workers’ compensation policy upon audit?...

900238-00

Workers’ compensation fines
Can members of a limited liability company or officers of a corporation be held personally responsible for workers’ compensation fines when......

900268-00

Foreign exposures
For clients who have employees traveling outside of the U.S., at what point does coverage cease (i.e., Canada, Mexico, Israel, or England)? Is......

900321-00

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?...

900438-00

Occupational Safety and Health Administration—COVID-19  
Are COVID-19 illnesses recordable to OSHA?...