Melbourne, Florida · Serving clients statewide

Monday to Friday, 8:00 AM to 4:00 PM  ·  Free consultation

Michael P. Sapourn, JD, CIC, CRM
Coverage Lines

Workers Compensation and Employers Liability

The short answer

Workers compensation is state-specific and unforgiving, and gaps often appear when an employer works in a new state or uses subcontractors. Michael Sapourn, who has worked with thousands of clients on these programs, testifies on the agent standard of care for workers compensation and employers liability.

The trickiest program to get right

Workers compensation may be the hardest insurance program to understand, which makes compliance a matter of faith in the placing agent. Each state administers its own statute, with its own rate filings, payroll rules and owner participation guidelines. Most states allow private carriers to compete, while some operate monopolistic state funds.

The statutory benefits portion covers compensable injury and disease on a strict liability basis, with the statute setting medical and wage benefits. Employers liability responds to tort claims outside the statutory system, and the insured needs adequate employers liability limits everywhere it operates.

What the agent must do

  • Keep up with changes in statutory benefits in each state
  • Encourage clients to call before starting work in a new state, then confirm every territory is covered
  • Confirm employers liability applies everywhere the client is exposed
  • Advise on properly administering subcontractors

Any misstep can mean state penalties or a large uncovered claim, and often an E&O claim against the agent.

Mr. Sapourn is retained by both plaintiff and defense counsel for case analysis, opinion reports, affidavits, depositions and trial testimony. Request his CV and Rule 26 disclosure through the contact form.

Frequently asked questions

Why do workers compensation gaps occur?

Employers start work in a new state without telling their agent, employers liability limits do not extend everywhere they operate, or subcontractors are not properly administered.

Has Mr. Sapourn testified on workers compensation duties?

Yes, including whether an agent placing liability coverage for a convenience store also had a duty to write workers compensation for an employee injured in a robbery.

Free consultation

Have Mike look at your situation

Share a few details and he will follow up with you personally. Attorneys looking for an expert witness can use the same form.

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Talk to a lawyer who knows how insurers think.

Tell Mike what happened with your claim or your agent. The first consultation is free, and you will speak with him directly.