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How are Occupational Accident claims recognized in Monopolistic States?
Wiki User
∙ 13y ago
That's a god question. The occupational accident coverage should cover owner operator losses. The real question is does having Contingent Liability policy cover the Motor Carrier if the Owner Operator is found to be an employee? The short answer is "NO." The Contingent Liability is not a Workers Compensation policy. Nor can it act as one. The statutes in Ohio, Washington, North Dakota, and Wyoming dictate that only the State may issue a Workers Compensation policy. That being said, there is NO protection against the State coming after the Motor Carrier to audit them for all those Owner Operator drivers if they were deemed to be employees. The contingent policy will be found by the state to be inadequate coverage as it is NOT Workers Compensation, and by definition, CANNOT be Workers Compensation.
One should note, However, Ohio, Washington, North Dakota, and Wyoming all statutorily exempt an Owner Operator from being an employee. Therefore, the states would be hard pressed to find these owner operators to be an employee.
Wiki User
∙ 13y ago
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