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Workers Compensation – Should An Employer or Officer Opt Out?

By July 25, 2017May 21st, 2020Insurance

Workers comp

Most states (including Florida) require employers to purchase a workers’ compensation insurance policy to cover workers who are injured or made ill due to a workplace exposure. While owners and corporate officers can exclude themselves from coverage, there are potential drawbacks to opting out that need to be seriously considered before you make your decision.

Executive officers of a corporation are usually included for coverage under each state’s workers’ compensation laws unless they file for an exclusion from the policy. Partners and sole proprietors are generally exempt from coverage but may elect coverage under the policy.

Benefits of Workers’ Compensation Insurance
The benefits are the same for everyone covered under a commercial workers’ compensation policy, including officers. Workers’ compensation coverage pays benefits to workers injured on the job. These benefits include medical care, a portion of lost wages and permanent disability. It also provides death benefits to dependents of employees killed from a work-related accident.

A typical health insurance policy specifically excludes work-related injuries unless there is a rider attached to the policy that adds business coverage. Furthermore, health insurance does not cover disability the same way that workers’ compensation insurance does.

Why would someone opt out of workers’ compensation insurance?
Many officers and business owners make the following assumptions when opting out of workers’ compensation insurance:

  • They assume that their medical insurance is enough to cover them in the event of an injury incurred at the workplace.
  • They assume that they would never want to file a workers’ compensation claim against their own company, so they don’t see the need to pay premiums for a policy that they won’t use.

Drawbacks of Opting Out
Even if a corporate officer spends the majority of his or her time at a desk, there is still a risk of injury. And if an injury occurs, it’s likely that the officer’s health insurance policy will have exclusion for work-related injuries. Without workers’ compensation insurance, the cost of treatment for those injuries would have to be paid for by the company, or come out of the pocket of the officer.   

Opting out of workers’ compensation insurance may save some money, but it also transfers risk to the employer and to the corporate officer who chooses to opt out.

Additional Premium Charges
If an officer rejects coverage, he or she will most likely have to file a form with the state and/or the insurance provider prior to obtaining coverage for the rest of the company. In absence of this notification, the insurance provider will assume that the officer is electing coverage, and will charge him or her premium.

Consult Emerge Insurance Agency today if you have any questions about self-insurance or need help deciding whether or not opting out of workers’ compensation insurance is right for you and your business.