GWI has compiled a listing of questions that we typically receive when working with a broker or consultant for the first time. We trust that you will find these questions helpful and informative. However, should you have additional questions, please refer to the "Contact Us" section and send your question(s) to us and we will be glad to respond as quickly as possible.
Occupational Accident FAQs
Does Occupational Accident coverage replace Worker's Compensation?
No, this is not a policy of Worker's Compensation insurance. The employer does not become a subscriber to the Worker's Compensation system by purchasing this policy, and if the employer is a non-subscriber, the employer loses certain common-law defenses to a law suit as well as certain limitations on liability that would otherwise be available under the Worker's Compensation laws. The employer must comply with the Worker's Compensation law as it pertains to non-subscribers and the required notifications that must be filed and posted.
Does Occupational Accident protect against lawsuits?
Not directly. Our Occupational Accident policy contains a Mandatory Binding Arbitration clause, which in combination with an ERISA benefits plan is a powerful tool that helps to protect the employer against trial by jury.
How does my ERISA plan coordinate with Occupational Accident benefits?
Since carrying an Occupational Accident program is an employer funded program, ERISA will pre-empt any state laws that would do not relate to the transaction of insurance. If an employee brings a lawsuit on a matter pre-empted by ERISA, the matter would go directly to arbitration in lieu of a trial.
What is Occupational Accident?
Occupational Accident is an employee benefit program provided by an employer. This product is an alternative to Worker's compensation in the State of Texas where employers are permitted by law to opt out of the Worker's Compensation System. Occupational Accident covers employee on-the-job injuries only, and will pay for medical benefits, AD&D benefits, and disability arising out of said employee injury.
