Nonsubscription to Workers’ Compensation

Great American’s ECA Division provides protection to Texas employers who choose to be nonsubscribers to Workers’ Compensation.

What is a Nonsubscriber?

A nonsubscriber is an employer who does not have workers' compensation insurance coverage.

Participation in the workers' compensation system in Texas is voluntary.  With the implementation of the law in 1913, Texas employers have the option to participate or not in the workers' comp system.

A Nonsubscriber Primary Employer’s Indemnity policy is available to an employer who has “opted out” of the Texas Workers’ Compensation system.  The Primary Employer’s Indemnity policy reimburses policyholders for workplace injuries to their employees after the employer has satisfied their self- insured retention. The policy is designed to provide benefits for Medical expenses, Wage Replacement and Accidental Death & Dismemberment.  Additionally, the Primary Employer’s Indemnity policy provides legal defense cost coverage either as a Duty or Right to Defend in the unlikely event that the employer is sued for negligence by the injured worker.  Limits of coverage are specified in the policy limits. 

The Nonsubscriber Primary Employer's Indemnity policy is written on a
non-admitted/surplus lines basis.

Nonsubscriber Occupational Accident Coverage Highlights

  • Medical Expense
  • Disability/Wage Replacement - Weekly Indemnity Options
  • Accidental Death & Dismemberment, Loss of Use
  • Employers Indemnity - Duty to Defend or Right to Defend
  • The Combined Single Limit amount selected by the employer is the maximum amount payable resulting from a bodily injury to any one covered employee per any one occurrence.
  • The Self-Insured Retention (SIR) shall apply per covered employee per occurrence to all losses resulting from bodily injury covered under this Policy.
  • Program Benefit

  • Pay on behalf after the SIR has been met
  • Third Party Administrator fees and other claim related expenses are 100% paid by Great American Insurance Group on all policies with SIR below $50,000
  • Certificates of Insurance upon request
  • 7-Day Elimination Period Reimbursed retro if employee is off work for 30+ Days
  • Effective date any day of the month
  • SIR applies to Medical Expense only on policies with SIR below $50,000
  • Monthly, Quarterly, Semi-Annual, or Annual billing
  • First day coverage for new employees
  • Full occupational coverage for part time employees
  • Twelve-month rate guarantee
  • Experienced TPA Adjustors
  • Experienced non subscriber underwriters
  • Experience rating for favorable loss history
  • Automatic Renewal

Medical Expenses 

We will indemnify you for the lesser of the Combined Single Limit for any one covered employee for any one occurrence shown on the Declarations or the actual amounts of covered medical expenses paid under your ERISA Plan by you for any one covered employee for any one occurrence.

Weekly Indemnity

If a covered employee suffers a disability, we will indemnify you, subject to the elimination period, for the lesser of the maximum Weekly Indemnity limit per covered employee shown on the Declarations multiplied by the maximum number of weeks duration per covered employee per occurrence shown on the Declarations or the actual amounts of covered weekly indemnity losses paid under your ERISA Plan by you for any one covered employee.

Accidental Death 

If a covered employee suffers an Accidental Death, Dismemberment or Loss of Use, we will indemnify you for the lesser of the actual amounts of the Accidental Death, Dismemberment or Loss of Use benefit paid under your ERISA Plan or 10 times the covered employee’s average annual earnings plus up to an additional $5,000 for burial costs in the event of death.

Employer’s Liability Bodily Injury Damages

For covered Employer’s Liability Bodily Injury Damages, we will indemnify you for amounts paid by you for claims or demands asserted by a covered employee, or a deceased covered employee’s estate, as a result of a covered occurrence, up to the maximum amount shown on the Declarations page. 

For more information, please visit ECA's website.

 

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The members of Great American
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