Uninsured Subcontractors – What Options Do I Have?

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Very Popular Question – Uninsured Subcontractors and Workers Comp

One of the most popular questions that J&L Risk Management receives now involves uninsured subcontractors – usually a frantic call just before or after a Workers Comp premium auditor sends a company a letter that says they will need to provide the requested records.   More frequently now, insurance agents call us with the same question at 800-813-1386.

Question Goes Like This….

We are <fill in the blank with company name>.  We received a premium audit notice last week.  The premium auditor is coming in on <date>, or the record upload is due on <date>.  We may have a few or many uninsured subcontractors <usually individuals, not companies>. 

The premium audit said that we now owe <Usually much larger $ than the deposit premium paid when the policy started>.  

Most Important Premium Audit Question That I Ask on Uninsured Subcontractors

The first question I ask concerns Certificates of Insurance.  See the pic at the bottom of this article for an example.  Did you have or do you have certs for these individuals or companies?  J&L can still review the premium audit for the company, but uninsured subcontractors are going to come up at every premium audit.

Quick Recommendation Going Forward

One of the best quick fixes going forward comes from the alternative markets.  PEOs usually provide the quickest coverage for the most reasonable price, including many HR functions. Jim Walter Homes, not around any longer, used to provide 1099 companies and individuals with coverage for a % fee in the subcontract that was signed.

This financial insurance model was successful for decades.  It allowed:

  • The uninsured subcontractor to have workers comp insurance at reasonable rates using the buying power principle
  • Jim Walter Homes knew that everyone was insured and likely made a small profit off the coverage.

I used to handle the claims that came in for multiple states for Jim Walter Homes.

PEOs would allow this model with a few alterations.  If you think PEOs are a bad choice, check out this old article – NCCI said that they work.

GOING FORWARD is the key concept.

pic of workers comp certs uninsured subcontractors

 

 

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James J Moore - Workers Comp Expert

Raleigh, NC, United States

About The Author...

James founded a Workers’ Compensation consulting firm, J&L Risk Management Consultants, Inc. in 1996. J&L’s mission is to reduce our clients’ Workers Compensation premiums by using time-tested techniques. J&L’s claims, premium, reserve and Experience Mod reviews have saved employers over $9.8 million in earned premiums over the last three years. J&L has saved numerous companies from bankruptcy proceedings as a result of insurance overpayments.

James has over 27 years of experience in insurance claims, audit, and underwriting, specializing in Workers’ Compensation. He has supervised, and managed the administration of Workers’ Compensation claims, and underwriting in over 45 states. His professional experience includes being the Director of Risk Management for the North Carolina School Boards Association. He created a very successful Workers’ Compensation Injury Rehabilitation Unit for school personnel.

James’s educational background, which centered on computer technology, culminated in earning a Masters of Business Administration (MBA); an Associate in Claims designation (AIC); and an Associate in Risk Management designation (ARM). He is a Chartered Financial Consultant (ChFC) and a licensed financial advisor. The NC Department of Insurance has certified him as an insurance instructor. He also possesses a Bachelors’ Degree in Actuarial Science.

LexisNexis has twice recognized his blog as one of the Top 25 Blogs on Workers’ Compensation. J&L has been listed in AM Best’s Preferred Providers Directory for Insurance Experts – Workers Compensation for over eight years. He recently won the prestigious Baucom Shine Lifetime Achievement Award for his volunteer contributions to the area of risk management and safety. James was recently named as an instructor for the prestigious Insurance Academy.

James is on the Board of Directors and Treasurer of the North Carolina Mid-State Safety Council. He has published two manuals on Workers’ Compensation and three different claims processing manuals. He has also written and has been quoted in numerous articles on reducing Workers’ Compensation costs for public and private employers. James publishes a weekly newsletter with 7,000 readers.

He currently possess press credentials and am invited to various national Workers Compensation conferences as a reporter.

James’s articles or interviews on Workers’ Compensation have appeared in the following publications or websites:

  • Risk and Insurance Management Society (RIMS)
  • Entrepreneur Magazine
  • Bloomberg Business News
  • WorkCompCentral.com
  • Claims Magazine
  • Risk & Insurance Magazine
  • Insurance Journal
  • Workers Compensation.com
  • LinkedIn, Twitter, Facebook and other social media sites
  • Various trade publications

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