Coverage Explained

Stop-Gap Coverage for Manufacturers in Ohio, North Dakota, Washington and Wyoming

A machinist in safety glasses and ear defenders working a machine control panel while holding a laptop

Stop-gap coverage is employers liability insurance for businesses whose workers compensation comes from a state fund, as in Ohio, North Dakota and Washington, or, for Wyoming manufacturers, from the state’s Workers’ Compensation Division. It is usually added to a general liability or package policy and answers lawsuits tied to employee injuries that the fund’s coverage may not reach.

For a manufacturer, the question is not whether to buy workers compensation in these states. The state has already decided where most employers get it. The question is what the state fund’s coverage includes, what it leaves out, and how the rest of your insurance program is built around it. This guide takes each of the four states in turn, using what the funds and state law say themselves, and then walks through how stop-gap attaches to your program.

What stop-gap coverage is

A workers compensation policy bought from a private carrier normally has two parts. The first pays the benefits state law requires for an injured employee: medical care, lost wages, and related benefits. The second, employers liability, answers lawsuits that arise from a workplace injury but fall outside those benefits, such as a claim brought by a family member or a claim from a third party that seeks contribution from the employer.

When comp comes from a state fund, the first part is handled by the fund. The second part is the one to check. Stop-gap coverage is the name for employers liability written separately for employees in a state-fund state, most often as an endorsement to general liability or a package policy. Our page on workers compensation explains how the comp side works in the states where private carriers write it.

Why the state-fund states create the question

In states where private carriers write workers compensation, employers liability comes with the comp policy. In these states, the state fund is the source of comp for the employers its law requires to insure with it. The fund’s coverage is set by the fund and by state law, not by the policy forms a private carrier would use.

That changes who you ask. Instead of reading an employers liability limit on a private comp policy, you ask the fund what its coverage includes, and you ask your agent how the rest of the program answers anything it does not. The four states handle this differently, so each gets its own section below, and each links to our state page for manufacturers in that state.

Where employers liability sits in most states compared with the state-fund states Two columns. The left column, most states, shows one box for a private workers compensation policy containing two parts: comp benefits and employers liability. The right column, Ohio, North Dakota, Washington and Wyoming, shows the state fund box holding comp benefits, and a separate highlighted box beneath it for stop-gap employers liability, added by endorsement to general liability or a package policy. A band at the bottom says to confirm with the fund what its coverage includes. No figures are shown. Most states OH, ND, WA and WY Private workers comp policy Comp benefits Employers liability State fund Comp benefits Stop-gap employers liability Endorsed to GL or a package policy Confirm with the fund what its coverage includes, then fill the rest.
In most states, employers liability rides inside a private workers compensation policy. In Ohio, North Dakota, Washington and Wyoming, comp runs through the state system, and stop-gap employers liability is added to the general liability or package policy. No figures are shown.

North Dakota: Workforce Safety & Insurance

North Dakota Workforce Safety & Insurance (WSI) is the state fund, and WSI states plainly in its employer questions that North Dakota law does not allow private insurers to underwrite workers’ compensation insurance in North Dakota. A North Dakota plant gets its comp from WSI.

WSI is also direct about one limit. Its page on All States Coverage, the optional coverage it offers for North Dakota employers with employees working in other states, states that All States Coverage does not provide employer liability coverage. That is one of the reasons North Dakota manufacturers ask about stop-gap for their liability program. Our North Dakota page covers the rest of the state’s rules for manufacturers.

Ohio: the Bureau of Workers’ Compensation

Ohio’s system runs through the Ohio Bureau of Workers’ Compensation. Under Ohio Revised Code 4123.35, private employers pay premiums into the state insurance fund, and the same section provides for employers that qualify to self-insure. BWC’s own guide to types of coverage states that an Ohio employer with one or more employees must have workers’ compensation coverage.

For a manufacturer, that means the comp side of an Ohio plant is settled by statute, and the employers liability question is answered by asking BWC what its coverage includes and comparing that with what your customers, lenders, and landlords expect. Where the answer leaves a gap, stop-gap on the general liability or package policy closes it. Our Ohio page sets out the other rules that shape an Ohio program.

Washington: the Department of Labor & Industries

Washington’s comp runs through the state. The Washington Department of Labor & Industries (L&I) states on its page about who needs a workers’ comp account that Washington does not allow private workers’ compensation coverage, and that employers must buy their coverage from L&I or be certified self-insured employers.

For a Washington plant insured through L&I, the program we build places every line except comp: general liability with products-completed operations, property, equipment breakdown, and umbrella. Stop-gap employers liability belongs in that list, attached to the general liability or package policy and coordinated with the umbrella above it. Our Washington page explains how the rest of the program is written around L&I.

Wyoming: the Workers’ Compensation Division

Wyoming defines coverage by the kind of work. Its Worker’s Compensation Act, at Wyo. Stat. § 27-14-108, lists manufacturing, NAICS sector 31-33, as extrahazardous employment, and under § 27-14-202 each employer reports the payroll of its employees in extrahazardous employment, and makes its payments, to the worker’s compensation division within the Department of Workforce Services.

Employers outside the listed employments may elect coverage under the Act, and under § 27-14-108(j) an employer that elects must cover all of its employees. The statute does not say whether private insurers may write Wyoming comp, so a manufacturer should confirm its arrangement with the Division before deciding how employers liability is handled. Our Wyoming page covers the rest of the state’s rules for manufacturers.

How stop-gap attaches to your program

Stop-gap is usually written as an endorsement to your general liability or package policy that adds employers liability for employees in the state-fund states you name. Because it sits on the liability program, its limits should line up with your general liability and with the umbrella above it, so that a serious claim moves from one layer to the next without a gap.

Read the endorsement for three things: the states it names, the limits for each claim and in the aggregate, and any exclusions that differ from the employers liability section of a standard comp policy. If a customer contract requires a specific employers liability limit, the stop-gap endorsement is usually where you meet it for employees in these states. Our article on what an umbrella covers for manufacturers explains how the umbrella schedules the layers beneath it.

Real-World Scenario: A Washington fabrication plant carries comp through L&I and runs a general liability program with an umbrella. A machine operator is injured, and L&I handles the worker’s claim. Months later a lawsuit tied to the same injury names the company. The plant’s general liability policy carries a stop-gap endorsement for Washington employees, so the suit lands on a coverage part written for it, and the umbrella sits above that limit instead of the plant funding a defense on its own.

Multi-state manufacturers with employees in a state-fund state

The state-fund states can also reach manufacturers based elsewhere. A plant in a neighboring state that sends installers, field technicians, or a sales engineer into Ohio or North Dakota, or that opens a small operation in Washington or Wyoming, can find itself subject to the fund’s rules for that work. Each state decides when its law applies to work done inside its borders, so check with the fund before the work begins.

For those employers, the right answer is usually a combination: a private comp program for the home state, the state-fund state’s own coverage where its law applies, and a stop-gap endorsement naming the state-fund states on the liability program. Our manufacturing insurance page explains how we build multi-state programs, and our guide to what insurance your manufacturing customers require covers the employers liability limits that show up in customer contracts.

What to ask for

Before renewal, or before any employee starts work in one of these four states, ask these questions in order:

  • What does the state fund’s coverage include, and does it address lawsuits tied to employee injuries?
  • Which of your employees, crews, or sites fall under a state-fund state’s law, and for which work?
  • Does your general liability or package policy carry a stop-gap endorsement naming each of those states?
  • Do the stop-gap limits match what your customers, lenders, and landlords require, and does the umbrella schedule them?
  • In Wyoming, which of your operations fall within manufacturing or another employment the Act lists as extrahazardous?

We answer those questions as part of every manufacturing program we write for plants and crews in these states. To start, request a quote with your locations and the states where your people work.

The bottom line

In Ohio, North Dakota, Washington and Wyoming the state decides where workers compensation comes from, so a manufacturer with employees there should confirm with the fund what its coverage includes and add stop-gap employers liability, usually by endorsement to general liability, wherever the fund coverage leaves a lawsuit tied to an employee injury unanswered.

Frequently asked questions

What is stop gap coverage?

Stop-gap coverage is employers liability insurance for businesses whose workers compensation comes from a state fund. It is usually added by endorsement to a general liability or package policy, and it responds to lawsuits that arise from an employee’s injury, such as a suit brought by a family member, rather than to the injured worker’s benefits, which the state fund handles.

Do I need stop gap coverage in Ohio?

If you have Ohio employees, Ohio law requires you to pay premiums into the state insurance fund administered by the Ohio Bureau of Workers’ Compensation unless you qualify to self-insure. Whether you also need stop-gap depends on what that coverage includes and what your contracts require, so ask BWC what it provides and have us compare it with the employers liability your customers and lenders expect.

Can a North Dakota employer buy workers comp from a private insurer?

No. North Dakota Workforce Safety & Insurance states that North Dakota law does not allow private insurers to underwrite workers’ compensation insurance in the state, so North Dakota comp comes from WSI. WSI also states that its All States Coverage does not provide employer liability coverage, which is one reason North Dakota employers ask about stop-gap for their liability program.

Where do Washington employers get workers comp?

Through the state. The Washington Department of Labor & Industries states that Washington does not allow private workers’ compensation coverage and that employers must buy coverage from L&I or be certified self-insured employers. Because the comp side is fixed, the question for a Washington plant is how its general liability program handles employers liability, which is where stop-gap comes in.

Does Wyoming require manufacturers to use the state fund?

Wyoming’s Worker’s Compensation Act lists manufacturing, NAICS sector 31-33, as extrahazardous employment, and each employer reports that payroll and makes its payments to the worker’s compensation division within the Department of Workforce Services. Employers outside the listed employments may elect coverage under the Act. The statute does not address private insurers either way, so confirm your arrangement with the Division.

Is stop gap the same as employers liability?

It provides the same kind of protection. In states where private carriers write comp, employers liability is part of the comp policy. Where comp comes from a state fund, employers liability is arranged separately, and stop-gap is the name for that separate coverage. We coordinate its limits with your general liability and umbrella so the program has no gap between them.

About the author

Nate Jones, CPCU

Nate Jones, CPCU, is the founder of Wexford Insurance and Machine Guard Insurance, a specialty insurance agency placing machine shop and manufacturer coverage in 48 states across a 20-carrier specialty panel. He writes liability programs for manufacturers with plants and crews in Ohio, North Dakota, Washington and Wyoming, where comp runs through the state system and the rest of the program has to be built around it. Connect via the Machine Guard Insurance quote form or call 317-942-0549.

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