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Jonathan spent the first five years of his professional insurance career working as a generalist broker at a traditional firm on Long Island. Intrigued by how to leverage technology in the industry, he joined the Founder Shield team in 2016 and quickly grew into his current leadership role of General Manager. Jonathan works to oversee client strategy and communication, and has fostered a culture of providing unparalleled service and risk consulting for some of the fastest growing companies in the world. Outside of work, he can be found on the basketball court and chess board — but not at the same time.

Should a Business Owner Get Workers Comp or Occupational Accident?

Asked by: Grace E.

Jonathan Selby - Founder Shield
Jonathan Selby

Whether a business owner should opt for Workers' Compensation insurance or Occupational Accident insurance depends on various factors, including the nature of the business, the level of risk involved in the work, the state’s legal requirements, and the business's ability to handle potential financial liabilities. Here's a brief overview of both:

Workers' Compensation Insurance:
1.  Coverage: Workers’ Compensation provides comprehensive coverage, including medical expenses, lost wages, rehabilitation costs, and death benefits for employees who get injured or sick due to their job.
2.  Mandatory in most states: It is a statutory requirement in most U.S. states for businesses with employees. The laws and requirements can vary significantly from one state to another.
3.  No-Fault Coverage: Workers' Compensation operates on a no-fault basis, meaning employees are typically compensated for work-related injuries or illnesses, regardless of who was at fault.
4.  Employer Liability Protection: Besides providing benefits to injured or sick employees, it also generally protects the business owner from being sued by an employee for workplace conditions that caused an injury or illness.

Occupational Accident Insurance:
1.  Coverage: Occupational Accident insurance provides similar benefits to Workers' Compensation (e.g., medical costs, lost wages) but usually allows for more flexible limits and may come at a lower cost. However, it might not be as comprehensive.
2.  Not a Legal Substitute: In many states, Occupational Accident insurance is not a legal substitute for Workers’ Compensation insurance, particularly for businesses with non-owner employees.
3.  Best Suited For: This insurance is often utilized by independent contractors or businesses in industries where Workers' Compensation is not mandatory or where the business can legally opt-out. It’s popular in the trucking industry, for example.
4.  Cost and Flexibility: Generally, Occupational Accident insurance can be less expensive than Workers’ Compensation and offers more flexibility in terms of policy limits and coverages.

Making the Decision:
•   Legal Requirements: If your business is in a state where Workers’ Compensation is mandatory for businesses with employees, opting for Workers’ Compensation is necessary to comply with state laws.
•   Type of Employment: For businesses primarily utilizing independent contractors, Occupational Accident insurance could be a viable option to provide some level of protection.
•   Risk Assessment: Consider the nature of the work and potential risk. Workers’ Compensation offers broader protection for both the employee and the employer.
•   Financial Considerations: Occupational Accident insurance might offer cost savings and flexibility but check if it offers sufficient protection for your specific business risks.

Consultation with an insurance professional who understands the specific laws of your state and the unique needs of your business is highly recommended to make an informed decision.

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