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July 24-27, 2010
ATA Litigation Center Forum

October 16-19, 2010
ATA Litigation Center Forum


"Senate HELP Committee Examines Worker Misclassification"
                     Press Release

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CRS Insurance Program Overview
Since the owner operator driver is set up as an Independent Contractor directly with CRS, we have the legal distinction of being the Primary General Contractor with each driver assigned for dispatching through our program. This means that CRS is now the first entity held responsible for responding with work related injury insurance in the event of an accident. We are also the first party to deal with employee reclassification claims brought by the independent contractor in the event the driver sues for employee status in order to gain access to workers compensation benefits.

CRS carries a three pronged insurance program that consists of three separate and distinct insurance plans each designed to extend comprehensive coverage for on-the-job injuries that may be incurred by the covered independent contractor.

 
Occupational Accident Insurance
The first layer of insurance coverage is an Occupational Accident Program designed to pay benefits for on the job accident injuries. The Occupational Accident Program provides Accidental Death and Dismemberment, Temporary Total Disability, Permanent Total Disability, and Accident Medical Benefits to respond on behalf of the driver injured while performing duties assigned by their contract and while under dispatch by a sponsored client company.
 
Driver Workers Compensation Insurance
The second layer of insurance coverage is an actual workers compensation program extended to the independent contractor who declares "Self-employed" or "Sole Proprietor" status as a self employed owner operator independent contractor and elects an exempt status under this policy. The Policy is referred to as an "If Any" policy as there is no payroll assessed under the policy for rating purposes resulting in a Minimum Premium that is included in the overall pricing of the program. Under our program, the insurance carrier extends a legally acceptable coverage position under this "If Any" policy to CRS by Naming CRS as an Alternate Employer under each of the driver's coverage. This Alternate Employer position extends coverage to CRS in the event the driver sues for and is reclassified from being a self employed independent contractor to being deemed an employee and CRS can respond with statutory benefits in a "Contingent" position under a filed and approved workers compensation policy
 
Corporate Workers Compensation Insurance
The third layer of insurance coverage provided under the CRS program arrangement is a separately issued statutory Workers Compensation policy issued to CRS by the same insurance company providing the previous two layers of insurance. This corporate policy is issued to CRS for our W-2 employees as well as with the driver class code included on an "If Any" payroll basis. This policy sits on top of the entire program and is in place to respond to any claims that may filter through the first two layers of insurance coverage. CRS will provide evidence of coverage under a formal Certificate of Insurance issued to the Client Transportation Company with the Client Company being Named as a Certificate-holder.
 
Through this Risk Management approach, CRS is able to respond to any employee reclassification issues with a tremendous amount of substantiated evidence to support the Independent Contractor position, to respond with true statutory Workers' Compensation coverage if reclassification occurs, and provide a strong defense position for the Client Transportation Company to defend against Workers Compensation audits.