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Employer Coverage Monitoring Compliance
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Purpose
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- To bring employers
into compliance with coverage laws
- To expedite benefits
to injured workers whose employers have no coverage
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Monitoring
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Two
laws help monitor employer coverage:
- Physicians must
report uninsured on-the-job injuries to the department within 72 hours.
- Insurers must
file proof of insurance coverage, with the department, and notify the department
within ten days when coverage is canceled.
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Investigations
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received are investigated within 60 days and referred for processing, so benefits can
be paid. When coverage is not reinstated, the employer is asked to contact WCD. If there
is no contact or employer response is questionable, WCD investigates further to verify
coverage. In addition to investigating claims, cancellations and public complaints, WCD
cooperates with other agencies in joint investigations of high risk, problem industries. |
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Sanctions
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Sanctions
against non-complying employers:
- Claim cost
liability, including a surcharge for processing
- Penalties:
Twice the unpaid premium or $1,000, whichever is greater, for first time offenders;
$250 per day for continuing noncompliance
- Injunction
proceedings to prohibit further employing without coverage
- Contempt
proceedings for violating an injunction, could include jail time
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Penalty reduction agreements
have successfully been used to decrease litigation while improving compliance and penalty
collection. Also, lay representation has enabled the division to settle more cases
without litigation and reduce the cost of hearings. |
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Education
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The
Employer Compliance Unit is available as a resource to educate the public of workers'
compensation laws.
Rule reference: OAR 436-050: Employer/Insurer Coverage Responsibility
OAR 436-080: Noncomplying Employers |
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For
more information contact:
Employer
Compliance Unit: 503-947-7815 |
