unnamed

Report: Construction Workers Frequently Denied Compensation Coverage (TN)

Labor brokers are putting workers at risk to avoid paying insurance premiums

By Alejandro Ramirez
Feb 12, 2020

A new report from the Tennessee Bureau of Workers’ Compensation Compliance Program highlights how construction companies and subcontractors are misclassifying workers to avoid paying workers’ compensation. The report details several other practices rampant in the construction industry that deny protections to workers and give noncompliant businesses a financial edge when it comes to securing contracts.

These practices put workers at risk. If workers are injured on the job, for instance, there’s a chance their employers won’t compensate them because they’re listed as independent contractors rather than as employees. Noncompliance also costs the state tax dollars, though the amount of dollars owed is difficult to pin down, especially when employers try to hide information from assessors.

“It’s sort of like an iceberg,” says Amanda Terry, the bureau’s director of compliance. “What we believe that we’re seeing is only 10 percent – the part that’s above the surface.”

The state collects 4.4 percent on workers’ compensation premiums, and the report says that in 2016, insurance carriers may have lost as much as $296 million.

The report says many employers also hire workers through subcontractors known as labor brokers, which frequently misclassify employees. Contractors hire these brokers, who in turn provide workers for a construction site. Many of these brokers have also been accused of wage theft and other compliance issues.

“We find that … when an employer is doing the wrong thing with their workers’ comp, they’re generally doing the wrong thing across the board,” says Terry.

These practices give labor brokers an unfair advantage. Victor White, director at Mid-South Carpenters Regional Council, a union representing carpenters, tells the Scene that a law-abiding contractor “walks in the door at a 20 percent disadvantage” compared to noncompliant businesses when it comes to bidding on contracts.

(Read More)

Construction workers least likely to have health insurance, report finds

March 27, 2018

 

Dive Brief:

  • Of the 20 professions least likely to have health insurance, 11 of them are in the construction industry, according to MarketWatch
  • The average uninsured rate for fulltime workers in the U.S. is 12%, but the percentage of certain categories of construction workers without health insurance is much higher, including roofers (50.5%); drywall hangers, finishers and ceiling tile installers (49.5%); plasterers and stucco masons (49.1%); fence installers (45.7%); carpet, tile and floor installers (45.2%); painters and paperhangers (43.1%); construction trade helpers (42.8%); installation, maintenance and repair helpers (40.5%); cement masons, concrete finishers and terrazzo workers (38.7%); brick masons, block masons, stonemasons and reinforced iron and rebar workers (38.6%); and construction laborers (37.5%)
  • At least some of the workers who reported not having health insurance coverage could be classified as independent contractors, which means that they are operating as a business and not entitle to benefits from another employer.

Dive Insight:

In most states, companies are required to carry workers’ compensation insurance so that if a worker is injured on the job, medical bills, partial salary, rehabilitation costs and training for a new trade, if necessary, will be paid regardless of whether the injured person has health insurance. However, is the worker is classified as an independent contractor or contract worker, then he or she is not covered by this benefit.
And, according to the Workers Defense Project, the southern U.S. is the region most likely to have construction workers laboring as independent contractors.
As part of its study, the Workers Defense Project reported that only 5% of the 1,435 workers it interviewed in six southern states
said workers’ compensation would cover the cost of their work injuries, and 57% said they earned less than $15 an hour.

California Commissioner Awards $34.9M to Fight Workers’ Comp Fraud

By: Andrew Polk
October 13, 2016

California Insurance Commissioner Dave Jones today announced he has awarded $34.9 million in grants to 37 district attorney offices representing 44 counties across California to combat workers’ compensation insurance fraud.

The grants, funded through employer assessments, support law enforcement efforts in investigating and prosecuting workers’ compensation insurance fraud.

Grant funding is based on assessments from California insured and self-insured employers, and district attorneys apply for workers’ comp fraud grant funds.

(Read More)