By Liberty Union Insurance Group, Inc. · Published · Updated
Begin with people and immediate reporting
Get emergency assistance, protect others from further harm and preserve the facts. Notify the appropriate insurer promptly using its reporting instructions. Record what is known without guessing at fault. Liberty Union Insurance Group, Inc. can help identify your policy contact; emergency response and required regulatory reporting should not wait for an agency conversation.
Coverage changes the path forward
For a covered injury, statutory workers’ compensation can provide medical and income benefits; a covered death can involve death and burial benefits. Eligibility and statutory rules control. Non-subscribers face a different legal framework, including potential negligence litigation.
Insurance is not a promise that every accident, expense or lawsuit will be covered. Ask in advance which insurer handles the injury, whether employers’ liability applies and how legal notices should be submitted. A severe or fatal event also calls for qualified legal advice.
Non-subscribers still have responsibilities
DWC describes employer notices and filings for employers without coverage. Certain non-subscribers with at least five non-exempt employees must report specified occupational injuries and illnesses using DWC Form-007. Use current DWC instructions to determine applicability and deadlines; do not treat this article as a complete reporting checklist.
Assign responsibility before an accident. Maintain a current contact list, preserve relevant training and maintenance records, and have a process for forwarding claim correspondence.
Questions to settle before a loss
- Who contacts emergency services, the insurer and agency?
- Who checks regulatory reporting requirements and deadlines?
- Where are policy numbers and claim contacts stored?
- How will payroll and job-duty information be provided?
- Who coordinates a medically appropriate return to work?
Questions business owners ask
What if the employee dies and we have no workers’ compensation?
The business may face litigation and uninsured costs. The outcome depends on facts, law and any other applicable coverage. Contact qualified counsel and promptly notify potentially applicable insurers.
Does workers’ compensation prevent every possible lawsuit?
No. Subscriber protections are significant but are not an absolute bar to every claim. Obtain legal advice about exceptions and the specific event.
Sources and further reading
Educational information. Policy terms and applicable law control; this is not an individual coverage determination or legal opinion.