Can tower contractors get workers comp in monopolistic states?
In monopolistic states (Ohio, Washington, Wyoming, and North Dakota), workers compensation must be obtained through the state fund rather than private carriers. Tower contractors operating in these states must enroll with the state fund for Coverage A (statutory benefits) and separately purchase a stop-gap employers liability policy from a private carrier for Coverage B. The state fund provides no employers liability coverage. Without a separate stop-gap policy, you have no coverage for employers liability claims and cannot meet MSA requirements for employers liability limits. Ohio uses a retrospective rating system and allows group rating, which can significantly reduce premiums for tower contractors with good loss history. Washington's Department of Labor and Industries uses its own classification system with rates that may differ substantially from NCCI states. If you are based in a non-monopolistic state but send crews to work in a monopolistic state, you need an other-states endorsement on your home-state policy that excludes the monopolistic states (since you cannot insure them privately) plus enrollment with each applicable state fund. This is a common compliance gap for traveling tower crews.
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