Which of the following is not a requirement to qualify for the FWCJUA?

• A. Must have been unable to obtain coverage from at least three other carriers
• B. Must have been unable to obtain coverage from at least two other carriers
• C. Must not be indebted for any previous unpaid WC premiums
• D. Must be an employer

Answer: (A)

The idea behind qualifying for the FWCJUA is that it serves as a backstop for employers who can’t get workers’ compensation coverage in the voluntary market. The standard way to show this is that private carriers have refused to insure the business, demonstrated by the employer being unable to obtain coverage from a required number of other carriers. The rule actually uses two carriers as that minimum threshold, not three. So needing coverage denied by three different carriers is not a requirement; it would be looser or stricter than the intended criterion. In addition, eligibility includes being an employer and not owing previous unpaid WC premiums, which ensures the program helps legitimate, compliant businesses that still can’t obtain private coverage. Thus, the claim that three other carriers’ refusals are needed is not a requirement, making it the correct answer.