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Workers' Compensation Article

 

Did You Know You Could Get A Substantial Refund on Your Worker’s Compensation Premiums?

“The answer is Yes,” says James Hamilton, CEO of HFF Capital, a worker’s compensation consultant.  “We have recouped thousands of dollars for our clients.”

In our work as Worker’s Compensation premium reduction consultants, we have found that approximately 72-76% of all employers in New York State have overpaid on their premium in the past three years. In some industries such as construction, staffing, social services, and not-for-profits, the percentage can be as high as 80%.

And most don’t even know they have a refund coming!

Would You Like to Know If You Are Entitled to a Refund?

It’s not hard if you know the procedures: know what to look for and how to apply. Here are some of the more common reasons why an employer might overpay their premium:

  • High Experience Modification Factor. The “mod” acts as a sort of yardstick, indicating whether your claims experience is similar to companies in or close to your industry. One factor that can lead to inflated mods is a claim that has been closed by the carrier, but was not reported to the State Rating Bureau. As a former tort attorney working for insurance carriers I can tell you that a closed claim on the carrier’s books that remains open with the Rating Bureau can easily balloon your premium.
  • Payroll Errors. In New York, the New York State Rating Bureau provides the formula by which ‘payroll’ is defined for purposes of calculating worker’s comp premiums. For much of the United States, it is the National Council on Compensation Insurance (NCCI). (Payroll isn’t defined solely as money, but also can include such things as stock bonuses or commission draws.) No matter where you live there are 13 deductions that can be excluded from payroll for the purposes of estimating the premium. This often leads to payroll amounts being overstated inflating the premium the employer pays.
  • Wrong Classification. Similar types of employers are grouped together by their common job exposures. The more hazardous a job duty is, the higher the class code rate and thus the higher the premium. It is here that the company can save literally thousands of dollars by correctly re-classifying these class codes. The problem is that the system of classifications is a complex one, and for someone not well-versed in the classification of these class codes, an error compounding a misclassification can often be made.

 

Keep in mind that workers compensation insurance is the only type of insurance over which you have some control over the premium you pay. This is a powerful attribute that too often business owners and employers miss. This means that, unlike other forms of insurance, the employer and its employees have great leverage over the amount of premium they will pay. The same cannot be said of other lines of insurance, such as health, homeowners or Errors & Omissions.

 

Thousands in Savings

It is not unheard of for carriers to add an additional 25% to estimated payroll figures when a business fails to comply during the audit process. This is why it behooves you to have some understanding of workers comp class codes, subcontractor payments, payroll prior to any audit and to have someone knowledgeable about the business sit side-by-side with the auditor. The results can be thousands of dollars of savings that can be better used on the company’s bottom line.

 

James Hamilton

CEO, HFF Capital

 

Click here to request a complimentary consultation to see if you are entitled to a refund.