Nonsubscription & Legal Liability Exposure

Nonsubscribers can implement a Dispute Resolution Process to mitigate their exposure to legal actions brought against the employer by employees. Effective Dispute Resolution Processes include:

• Communication with employees pre and post-injury
  
• Fair & expeditious resolution of disputes
  
  • First Step: Internal dispute resolution
    
  • Second Step: Third-party mediators
    
  • Third Step: Binding arbitration
    

Nonsubscribers can also purchase Employers Liability coverage to insure against workplace negligence claims and can also claim certain defenses.

• generally provide a safe place to work?
  
• provide proper instruction & training?
  
• provide proper tools & equipment?
  
• provide adequate & competent manpower for work required?
  

• provide proper supervision?
  
• inspect for safety hazards?
  
• warn employees of known job hazards?
  
• promulgate & enforce policies & procedures for prompt maintenance of tools & equipment?
  

A Nonsubscriber may also defend a legal action brought against them by an employee on the ground that the injury was caused:

• by an act of the employee intended to bring about the injury, or
  
• while the employee was in a state of intoxication.
  

Nonsubscribers lose the following common law defenses related to claims for workplace negligence:

• employee was guilty of contributory negligence,
  
• employee assumed the risk of injury or death, or
  
• injury or death was caused by the negligence of a fellow employee.