Workers' Compensation Application

Do you have workers' compensation  coverage for your employees? If so, either you or your insurance broker have sent an Acord application to your insurance company. This application is what the insurance industry uses  to  write workers' compensation. Have you ever read the application? There are two questions which I think you as an employer cannot ask your employees. They are: Do you have any employees over 60 years old? Do you have any employees with physical  disabilities? Have you ever been asked these questions? I have contacted the Insurance Commissioner’s office about this and been told that a workers' compensation application can ask these questions but they seem to agree this is a violation of employment law. The question becomes how do you complete the application if you can’t ask? The fact that the application ask these questions infers that the insurance companies use this when they underwrite workers' compensation coverage. The application goes on to say that if you sign the application and  misrepresent any information  you may be guilty of fraud subject to a fine of  $5000. Small Business California is looking at introducing legislation to require the Acord people to eliminate these questions. What do you think? Scott Hauge President Small Business California 2311 Taraval Street San Francisco, CA  94116 shauge@cal-insure.com 415-680-2188

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