Ask PIA

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 there a solution? Some companies will not provide international coverage. Would I find this answer in the workers’ compensation manual or actual state law?

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?

Bogus workers' compensation plans

One of my commercial insureds has entered into an unconventional arrangement that purports to provide workers' compensation insurance. Its rates are much lower than the insured's classification would warrant. Is this legal?

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?

Coverage considerations when hiring au pairs

Our clients are planning to hire an au pair through a foreign agency to clean house, watch their children, etc., in exchange for room and board for six months to a year. What are the insurance considerations?

Building permits proof of workers’ compensation insurance

I know there has been some confusion about the proof of workers’ compensation insurance requirement for building permits where the work is being done by a sole proprietor. How was all this resolved?

Employee leasing

We have an insured with 10 employees. This client is entering into an agreement with an employee-leasing company. What are the responsibilities of the employer after the employees have been transferred to the leasing company?

Guaranty Association protections for workers’ compensation

What is the limit of Connecticut Insurance Guaranty Association coverage for workers’ compensation claims?

Home-based business

Our client has a day-care center in her home and hires her grown daughter (not a resident in the home) full time, plus another person who teaches art a couple of hours a week. Should the client have a workers’ compensation policy?

Managed care rules

Under Connecticut Workers’ Compensation Law, can an employee be required to go to a specific doctor?

Recovery against employers’ UM/UIM not barred by WC award

Our client has a commercial auto policy. In March 1993, one of their employees was injured in a company vehicle. The employee recovered under workers’ compensation, but now is putting a claim in under the employer’s uninsured/underinsured motorists coverage. Can the employee bring a claim against the auto policy? Was there a change in the law? If the employee can make a claim under the UM/UIM coverage, would a workers’ compensation carrier have a lien on the proceeds payable to an insured employee who has collected uninsured motorists or underinsured benefits under the employer’s auto insurance policy?

Relapse from recovery

We have an insured who has an employee scheduled for knee surgery. The employee wants to be paid under workers’ compensation for the time he will be out. He had the same surgery 17 years ago on both knees while working for a different employer. The surgery was paid for by workers’ compensation.

The employee was not re-injured on the current job. Can the employee legally collect workers’ compensation benefits, or does this surgery claim have to go to the health carrier?

Volunteer WC coverage

Our insured is a veterinary hospital. They have volunteer labor working at the hospital. Do they need to provide workers’ compensation coverage for these people and, if so, how do we accomplish this?

Volunteer officers

How do we handle workers’ compensation for a corporate officer of a not-for-profit corporation? These officers are not paid; they function on a volunteer basis. Do they require workers’ compensation?

Workers’ compensation forms when changing companies

Is it necessary to obtain and file updated, signed workers’ compensation exclusion/inclusion forms (applicable to corporate officers, partners, LLC members or sole proprietors) if coverage is transferred from one carrier to another? Some carriers seem to want them.

Workers’ compensation district office listing

Where can I obtain a list of all the workers’ compensation district offices in Connecticut?

Workers’ compensation retrospective rating

I would like some information on retrospective-rating plans for workers’ compensation. Specifically, what is a “compensating balance retro?”

Audit time frames

According to the company, the wrong rates were used to rate workers’ compensation coverage for a construction business back in 2018-2019. In 2021, after a third audit, the company discovered the rate discrepancy. They are just now suing the business for the difference. Can they do this?

Workers’ compensation for LLC managers

Are managers of Connecticut limited liability companies treated by the state as partners or as corporate officers for the purposes of workers’ compensation coverage?

Connecticut workers’ compensation for principals

Could you review the requirements regarding officers, partners, LLC members and sole proprietors with respect to workers’ compensation coverage in Connecticut?

Employee vs. independent contractor—audit

Is there any way to dispute an audit if the policyholder does not believe certain workers should be classified as employees?

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 with workers’ compensation benefits, does the employee retain the right to sue his employer?

Contingent liability to 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 employee of the subcontractor sue the general contractor for negligence and collect, or is he barred by statute because the general contractor now becomes the employer?

Unsafe workplace

Can an employee sue an employer for an unsafe workplace?

Concession volunteers

Our local town baseball league has volunteers who help at the concession stand during the baseball games. Each volunteer receives a stipend of about $35, applied as a credit on their child’s league dues. The league has a general liability policy to cover limited medical bills for injuries to the volunteers, but is the organization required to carry a workers’ compensation policy since the volunteers receive remuneration?

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 Joint Underwriting Association Workers’ Compensation Policy would cover the salesperson while traveling?

Homeowners protection for building renovations

A homeowner insured is hiring a contractor to do substantial work ($350,000) on his home. The contractor provides a certificate of liability insurance but claims he does not need workers’ compensation because he subs out all of the work to subcontractors or does the work himself. If a worker is injured on the property and claims workers’ compensation benefits, what is the exposure for the homeowner? Does the homeowners policy provide any protection? Should the homeowner purchase a minimum premium workers’ compensation policy and would this protect him? What would his audit exposure be?

Class change upon audit

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

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?

Definition of ’employee’—real-estate exception

Could you fill us in on a law that was passed a while back exempting real-estate brokers from workers’ compensation? We don’t want to make a mistake in this area.

Coverage while preparing for work

When does workers’ compensation coverage begin to apply to workers during the typical workday?

Maximum payroll for partners

With the 2008 increase in payroll of an included officer or member to $52,000, is this amount a maximum? If so, what is the minimum amount of payroll that may be used. If it is not a maximum, then my understanding is that all officers and members will be included at $52,000. Is this correct?

Student interns

I have an insured who conducts research sessions and puts the results in a report which is presented to the client. They occasionally hire students to compile the results and type it up. Do they need to keep a workers’ compensation policy for them?

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?

Workers’ compensation—covering working family members resident in the employer’s household

Does Connecticut exempt from its Workers’ Compensation Law resident family members working in the (nonfarm) business of the employer?

’Other states’ WC coverage in assigned-risk plan

This question concerns a workers’ compensation policy issued under the rules of the assigned-risk plan. According to the National Council on Compensation Insurance, if a Connecticut employee crosses into New York state for any reason, coverage would not apply. I can’t imagine that an employee on an errand, involved in an auto accident in New York, would not be covered. Can you check on this?

Occupational Safety and Health Administration—COVID-19  

Are COVID-19 illnesses recordable to OSHA?