Reevaluating Contractor Insurance: Expanding Coverage Options

For years, enterprises that engage contractors— particularly in the gig economy —have relied on occupational accident insurance (OAI or Occ/Acc) as a safety net for contractors that suffer work related injuries.

OAI has been an attractive choice for good reason. Often described as "workers' compensation lite," it has provided a middle ground for businesses that wanted to offer some level of protection though it has not allayed employee classification concerns. Traditional annual workers' compensation (WC) policies were often impractical for independent contractors—expensive, difficult to obtain, and misaligned with the way modern freelance work is structured."

However, while OAI has served as a practical solution, it has always come with trade-offs. Most notably, its benefits are limited and the policy never shields the business from liability for work related injuries.  Until recently, enterprises had no real alternative—their options were either OAI or requiring the contractor to purchase their own annual workers' compensation policy, regardless of whether they were earning $500 or $5,000 for an assignment. For most independent contractors, this was an unrealistic burden, leaving many without adequate protection.

That is now changing. The emergence of fractional workers' compensation offers enterprises a new option—one that delivers the full benefits of workers' compensation, without forcing contractors into costly annual policies or necessitating an employment relationship with the contracting entity. Instead of settling for coverage gaps or assuming unnecessary risks, businesses can now enable contractors to source the coverage required.

Occupational Accident Insurance (OAI): 

How It Works:

• Designed for independent contractors, OAI provides limited benefits for work-related injuries. Accidents are often covered, but sickness and disease are often excluded.

• Coverage varies by policy but generally includes medical expenses, disability benefits, and accidental death benefits.

• It usually doesn’t include wage replacement in the same way as workers’ compensation.

• Policies can be customized by the employer, meaning benefits aren’t standardized across the industry.

Limitations:

• No regulatory framework – Unlike workers' compensation, OAI policies aren’t subject to the same legal requirements, which can create coverage gaps.

• State restrictions – Some states prohibit the use of OAI for broad classes of workers.

• Contingent Liability – Some OAI policies require that a court reclassify the contractor as an employee before the contractor can access WC-equivalent benefits, undermining the fundamental nature of the contractor-contracting entity relationship.

• No Safe Harbor from Litigation – Injured workers can still sue for damages. In other words, if a contractor disputes their classification and claims they were an employee, OAI does not shield the company from litigation.

Fractional Workers’ Compensation: 

How It Works:

• Provides full statutory workers' compensation benefits for contractors when they are working.  

• Covers medical benefits, medical costs, wage replacement (indemnity payments), death benefits and vocational rehabilitation expenses for work-related injuries or illnesses, or disease.

• Structured similarly to traditional workers' compensation but with flexibility to accommodate non-traditional work arrangements.

• When coverage is in the contractor’s name, it mitigates litigation risk for the contracting entity by eliminating the need for reclassification to access benefits, providing safe harbor from litigation.

Key Advantages:

• Standardized coverage: Benefits are defined by state regulations, ensuring contractors receive consistent protection.

• Legal protections: Because it follows state workers' compensation laws, it reduces litigation risks related to misclassification.

• Covers lost wages: Unlike OAI, fractional workers' compensation includes wage replacement benefits for injured contractors.

• Removes financial burden from contractors: Independent workers no longer have to purchase an expensive annual policy just to take on short-term assignments.

Comparing OAI and Fractional Workers’ Compensation

| Factor | Occupational Accident Insurance (OAI) | Fractional Workers Compensation |
| Regulation | Private insurance, not regulated by state laws; many states limit the use of OAI | Follows state workers compensation laws available to all types of workers |
| Coverage Scope | Limited benefits: medical, disability, and accidental death | Comprehensive: medical, wage replacement, rehab |
| Wage Replacement | Often not included or limited | Included per state statute |
| Employer Liability Protection |  No protection against misclassification claims | Provides legal safeguards under workers’ comp laws |
| Contractor Benefits | Varies by policy, not standardized | Standardized benefits per state law |
| Use Case | Suitable for companies looking for a basic, low-cost alternative | Ideal for enterprises needing full compliance and coverage

The Takeaway: More Choices for Businesses and Contractors

For businesses that depend on independent contractors, fractional workers’ compensation offers an additional way to enhance coverage and compliance. With its standardized benefits and alignment with statutory protections, it complements existing options and provides businesses with another tool to manage risk effectively.

OAI remains a widely used and valuable solution, particularly for companies looking for flexibility in structuring coverage. However, as the legal and regulatory landscape evolves, fractional workers’ compensation presents a compelling alternative for businesses looking to balance cost, compliance, and worker protection.

By considering both options, companies can build a comprehensive insurance strategy that supports their workforce while maintaining compliance and managing risk.

For more information, request a demo today →

Photo by Matteo Vistocco on Unsplash