Insurance FAQ's

Q: I’m already a pay-as-you go Workers’ Compensation policyholder and I’m not able to run payroll due to COVID-19.  Will my policy be cancelled?

 

A: No. We’ve put new processes in place to keep your coverage active. Your policy will not be cancelled. We’ve met with our pay-as-you-go program insurance companies and each of them are supporting E-COMP to keep your coverage intact without reporting payroll, through May 2020.  If you inadvertently receive a notice of, please contact us immediately, so that we can get the carrier to issue a reinstatement notice.

 

Q: I’ve temporarily shut down my business. Should I cancel my insurance policies?

 

A:  NO.  Please contact us so that we can review your options. You will want to keep your business policies in place because you’ll want to keep insurance active for:  a. Any employee that might still be on the payroll or returns to work once your business re-opens; b. Your various liability and your employers’ liability coverages; c. The property your business still owns and has lease obligations for; d. Auto liability including auto property coverages.  As a reminder, most of your business insurance premiums will automatically adjust based on your actual payroll and your gross sales at the end of the policy periods.

Q. If employees claim COVID-19 infections arose out of work-related contacts, are such claims covered by workers' compensation benefits?

 

A: Workers' compensation coverage may be available in connection with provable workplace exposures that lead to infection and COVID-19 disease, but that will depend on state law. This may provide some protection for employers concerned about potential liability and damages. However, where there is widespread community spread of the virus, it may be difficult if not impossible to prove the exposure that led to infection occurred at work.

Q. Does a workers' compensation policy cover employees working from home?

 

A: In general, an employee injury or illness is compensable under workers' compensation if it arises out of and in the course of employment, regardless of the location the injury occurs. Employees typically have the burden of proving the injury is work-related. "Arising out of" refers to what the employee was doing at the time of the injury, and "in the course of" refers to when the injury happened. To successfully claim workers' compensation benefits, the employee must show he or she was acting in the interest of the employer at the time the injury occurred. Workers' compensation laws vary by state, and employers are encouraged to work with their workers' compensation carriers as well as their legal counsel to determine strategies to manage workers' compensation risks for their telecommuters.

Q. If an employee shows potential symptoms of the Coronavirus, should that be reported this as a workers' compensation claim?

 

A: If the employer feels the sickness could be considered work related, please report through normal workers' compensation claims reporting procedures. Your carrier will investigate the claim and determine compensability. Workers compensation coverage may be available in connection with provable workplace exposures that lead to infection and COVID-19 disease but will depend on state law. This may provide some protection for employers concerned about potential liability and damages. However, where there is wide-spread community spread of the virus, it may be difficult if not impossible to prove that the exposure that lead to infection occurred at work.

Q. If an employee has tested positive for the Coronavirus, should that be reported as a workers' compensation claim?

 

A: If the employer feels the sickness could be considered work related, they should report through their normal workers' compensation claims reporting procedures. Your carrier will investigate the claim and determine compensability. Workers compensation coverage may be available in connection with provable workplace exposures that lead to infection and COVID-19 disease but will depend on state law. This may provide some protection for employers concerned about potential liability and damages. However, where there is wide-spread community spread of the virus, it may be difficult if not impossible to prove that the exposure that lead to infection occurred at work.

Q: Will my business owner’s policy cover me for a COVID-19 claim?

 

A: Most business owner’s policies require that coverage for a lost income due to a business interruption be caused by direct physical damage to your business property.  In addition, most business owner’s policies specifically exclude damage as a result of disease or virus.  “Civil Authority” actions can trigger business interruption coverage, such as when a local government forces the temporary closure of a business during or after a riot, but the same coverage triggers for physical damage to business property still applies.   

 

Q: What should I do if I have sick employees, a loss of income or property damage that I believe should be covered by one of my insurance policies? 

 

A: You should submit a claim to your insurance carrier.  As insurance professionals, we’re here to help you understand the claims process and to act as your advocate, but we are unable to adjust claims or decide their outcome.  Insurance companies pay claims based on the terms and conditions of their contracts.

Contact Us

  • Northern California

       6600 Koll Center Pkwy Suite 100, Pleasanton, CA 94566

  • Southern California 

       1225 Camino Del Mar, Del Mar, CA 92014

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