Stop-Gap Insurance: Employers Liability for Washington Employers

Stop-gap insurance, or stop-gap employers liability, covers lawsuits against an employer over an employee's workplace injury. Washington employers need it because workers comp comes only from the state through L&I, and L&I pays injured workers' benefits but includes no employers liability. Stop-gap is bought privately, usually added to a general liability or business owners policy.

By Trella Commercial · Updated October 22, 2026

The short version

  • What it is: employers liability insurance for employers in states where workers comp is sold only by the state. It pays defense costs and damages when an employee's workplace injury turns into a lawsuit against the business.
  • Why Washington needs it: Washington is one of four monopolistic states, along with North Dakota, Ohio, and Wyoming. Workers comp comes from L&I (or approved self-insurance), and L&I coverage does not include employers liability. In most other states, employers liability is Part Two of the workers comp policy.
  • Employers can still be pulled into lawsuits: an employee can sue for injuries the employer deliberately intended (RCW 51.24.020), and when an injured employee sues a general contractor or property owner, that party can demand indemnity from the employer if the employer waived its immunity in a negotiated construction or motor carrier indemnity agreement (RCW 4.24.115).
  • Who needs it: every Washington employer with employees. Contractors, trucking companies, and any business with a commercial umbrella need it most.
  • How it is bought: as an endorsement to a general liability or business owners policy, or as a separate policy. L&I does not sell it.

Why Washington's workers comp leaves a gap

Most statesWashington
Who sells workers compPrivate insurers, often a state fund tooOnly the state, through L&I, unless the employer qualifies to self-insure
Part One: benefits to injured workersIn the workers comp policyProvided by L&I
Part Two: employers liabilityIn the same workers comp policyNot included; bought privately as stop-gap

L&I coverage is no-fault insurance that pays medical care and wage replacement to injured workers. In exchange, RCW 51.04.010 abolishes most civil lawsuits for workplace injuries. That immunity is broad but not complete, and the exceptions are what stop-gap is for.

When a Washington employer can still be sued or held liable

RouteWhat the law saysSource
Deliberate intentionA worker injured by the employer's deliberate intention may sue for damages beyond L&I benefits. Courts read this to mean the employer had actual knowledge that injury was certain to occur and willfully disregarded that knowledge.RCW 51.24.020; Birklid v. Boeing (1995)
Contractual waiverIn construction, architecture, engineering, land surveying, and motor carrier contracts, an employer can agree to indemnify the other party for its own employees' injuries, giving up its immunity for that purpose, but only if the agreement specifically and expressly provides for it and the waiver was mutually negotiated.RCW 4.24.115
Third-party over actionAn injured employee sues the general contractor or property owner, who then demands indemnity from the employer under a waiver like the one above.RCW 4.24.115; Brown v. Prime Construction (1984)

Even a lawsuit the business wins costs money to defend. Stop-gap pays the defense as well as any settlement or judgment it covers.

What stop-gap covers and what it does not

CoveredNot covered
Employee injury lawsuits that fall outside L&I immunityMedical bills and wage replacement, which L&I pays
Defense costs for those suitsEmployment practices claims such as discrimination, harassment, or wrongful termination (that is EPLI)
Liability for employee injuries assumed under a contract, when the policy includes itWorkers comp benefits for employees working in other states (that needs a workers comp policy for that state)
Claims by an injured worker's family in the narrow cases Washington law allows them, such as a deliberate-intention suit, when the policy covers themFines and penalties

If you sign subcontracts with an immunity waiver, confirm your stop-gap covers liability assumed under contract. Some forms limit it.

Who needs stop-gap

  • Every Washington employer with employees. No law requires it, but the exposure exists as soon as you have staff covered by L&I.
  • Contractors and subcontractors. Construction subcontracts often include indemnity clauses that address the Title 51 waiver, and general contractors commonly require stop-gap on the certificate of insurance. See general contractors.
  • Trucking and motor carriers, whose transportation contracts can include the same kind of waiver.
  • Any business with a commercial umbrella. Most umbrellas list employers liability as required underlying coverage. See the Washington stop-gap gap.
  • Employers in the other monopolistic states. North Dakota, Ohio, and Wyoming employers face the same gap. Idaho is not one of them: employers liability comes with the Idaho workers comp policy. See Idaho workers compensation.

How much stop-gap costs

Insurers price stop-gap from:

  • Payroll, usually your Washington payroll by type of work
  • Industry hazard, with roofing, logging, and manufacturing priced higher than offices
  • The limits you choose, often matched to a contract or your umbrella
  • Claims history
  • Whether it is endorsed to your general liability policy or written separately

We quote it with the rest of your program, so the limit matches what your contracts and umbrella actually require.

How to add stop-gap

  1. Check what you already have. Look on your general liability or business owners policy for a Washington stop-gap or employers liability endorsement.
  2. Find the limits you need. Read the insurance section of your contracts and the schedule of underlying insurance on your umbrella. Employers liability limits come in three parts: each accident, disease per employee, and disease policy limit.
  3. Add it. Most insurers add stop-gap to a general liability or business owners policy by endorsement. Some write it separately or with an umbrella.
  4. Cover other states. If employees work in Oregon, Idaho, or elsewhere, workers comp for that state may be needed too, and it includes its own employers liability.

Contracts and umbrellas that require stop-gap

Who asksWhat they usually want
General contractorsStop-gap shown on the certificate of insurance, at a stated limit
Property owners and managersEmployers liability alongside general liability for vendors on site
Your commercial umbrellaEmployers liability on the schedule of underlying insurance, at the scheduled limit
Public agencies and large customersEmployers liability limits written into the contract's insurance requirements

A common problem is a mismatch: the umbrella schedules $1 million of employers liability while the stop-gap endorsement carries a lower limit, or no stop-gap at all. The difference is uninsured.

Stop-gap in practice

Illustrative stories (composites, not real clients) of how stop-gap comes up:

Common questions

What is stop-gap insurance?

Employers liability insurance for employers in monopolistic workers comp states, including Washington. It covers lawsuits over employee workplace injuries that fall outside the workers comp system, plus the cost of defending them.

Is stop-gap coverage required in Washington?

No state law requires it. Many contracts and most commercial umbrellas do, and without it a business pays to defend and settle an employee injury lawsuit on its own.

What is the difference between stop-gap and workers comp?

Workers comp pays injured employees' medical bills and lost wages; in Washington, L&I provides it. Stop-gap is liability insurance for the employer that covers lawsuits connected to those injuries. It does not pay workers comp benefits.

Why is it called stop-gap?

Because it fills the gap between the state workers comp coverage and the employers liability coverage that, in other states, comes built into the workers comp policy.

Which states need stop-gap coverage?

The monopolistic workers comp states: Washington, North Dakota, Ohio, and Wyoming. Employers there buy workers comp from the state, which does not include employers liability.

Does my general liability policy cover employee injuries?

No. General liability excludes injuries to your own employees. Stop-gap is often added to the general liability policy by endorsement to fill that hole.

How much stop-gap coverage do I need?

At least the highest limit any contract requires, and at least the employers liability limit your umbrella schedules. Limits are set for each accident, disease per employee, and disease policy limit.

Sources

This page is general information, not legal advice. Laws were checked against primary sources in October 2026.

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