Workers Compensation Coverage Election- Owners Election & Rejection of Coverage

Election/Rejection of Coverage Under State Law:

Generally, executive officers of a corporation are included under a state’s workers compensation act unless they file for an exemption of coverage. Partners and sole proprietors are generally exempt from coverage under a state act, but may often elect to bring themselves under the act.

It is the responsibility of the employer and/or its representative to determine, prior to applying for coverage, the options available under a specific state’s act. Further, it should be noted that action taken either to elect or reject coverage under a state’s act does not eliminate the need for such action in additional states where the employer has exposure.

If a person elects or rejects the act, certain forms are usually required to be filed with and may even have to be approved by the appropriate state agency. If such an exemption or election is desired, the effective form or appropriate documentation must be forwarded to the Plan Administrator via the agent upon application for coverage, or must be forwarded to the assigned carrier if such action is desired after policy issuance. Otherwise, the payrolls for the parties will be treated as if no election or rejection is made in accordance with state law, and premium will be charged.

Producers and employers can avoid additional premium charges by the assigned carrier by supplying these documents with the application for insurance. Without the forms, assigned carriers may charge premium even if the intent was to elect or reject.

No one is currently allowed to exclude him or herself from the provisions of federal compensation acts. The State Fund provides coverage to those employers that are required by state law to obtain it. Federal coverage offered through the State Fund must be written in conjunction with the state act. Therefore, any person subject to federal law is required to obtain or able to elect state act coverage to obtain federal coverage under the Plan or Fund.

Click Here to find state specific information regarding Owners Election/Rejection of Workers' Compensation Coverage.

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