During the 17th and 18th Centuries, smallpox was the most serious infectious disease in The West and accounted for a substantial proportion of deaths, especially among town dwellers. The mortality rate varied regionally, with 10% in Europe and 90% in America. It is difficult to imagine that smallpox was once one of the most feared diseases in ancient and modern history.
After an extensive and successful eradication program, there has not been a single reported case of smallpox infection in over twenty years. But the threat of this deadly disease exists again because of the small amounts of vaccine available. A preventive vaccination program to protect individuals such as emergency and health care personnel is not an option at this time.
Much like the smallpox disease that was once thought to be eliminated, the worker’s compensation market has again become a threat as a “company killer" after nearly being eradicated in the mid to late 90’s. Since 1998, almost every insurance broker and company owner was certain that the insurance market would never be as hard as it was in the late 80’s and 90’s. Never again would companies be faced with shutting down their operations because their premiums consumed all of their profits and more. All the signs of resurgence were there but, much like the blips on the radar at Pearl Harbor, they were ignored. Few prepared themselves for what was to come, and the effect has been the death of many companies and the irreparable damage to others’ bottom line. As of this writing, I am aware of twenty-one staffing firms that have closed their doors due to the high cost of insurance premiums. Some companies are limping along trying to survive in hopes that the market will ease and the negative status of their profit and loss statements will once again be positive. It is very unlikely that we will see the soft market of the middle to late 90’s for at least another two years and probably longer than that. Many of these companies will fall.
So what can a company do to survive this terrible ordeal? The choices are limited. A company could increase prices to pass the cost on to the consumer. In most cases this will not work. Clients cannot afford to bear the additional cost of your premium because the economy is also affecting their bottom line. Companies familiar with using temporary staffing firms know how competitive the industry is and they would probably move their business to another supplier that was not impacted by heavy premium increases or they would stop using temporary staffing altogether. Larger national staffing firms will benefit because they are self-insured, as would those companies that chose to move to alternative insurance programs a few years ago. These programs usually require a great deal of upfront collateralization that most companies cannot afford today. Those that had the foresight to secure this type of program when profits were high and funds were available have now satisfied their collateral requirements and, from an insurance perspective, are benefiting from this hard market.
Other survivors are those companies with premiums of $1,000,000 or more. Although they maintain high retention levels of $250,000 to $500,000, the excess premium costs are reasonable. This is mainly due to the limited exposure to the carrier.
Like in any catastrophe, some will not survive. Others may survive but the scars will remain forever. For those that are willing to put forth the effort, there are steps that can be taken to help survive this plague. When treating a serious medical problem, experts or specialists are used in the healing process. It is very important that you consider using worker’s compensation professionals to assist you to determine which treatment or combination of treatments will work for you in this process.
In a recent submission of a medium-sized staffing company, thirteen major carriers were approached and nine immediately declined because they will not consider staffing companies. Whether this is due to insurance treaties with their re-insurers or their impression that the staffing industry is high-risk, it is an unavoidable fact. With only four carriers considering the submission, a company’s “snapshot" or insurance desirability must be exceptional. It is extremely important that you identify your insurance desirability prior to submitting your application. Following, you will find the article, “Do You Know Your Company’s Insurance Desirability?" The article explains the items that go into the desirability quotient. Once you have determined your desirability quotient you can begin to take steps to improve it.
After you have the best desirability quotient that you can obtain it is time to go to market. But where you go in the market and who takes you there can be just as important as your desirability quotient. Your first question should be “Does my broker really know my business and are they motivated to get me the best possible quote without consideration of commission?" This is not asked to undermine brokers. During the soft market, brokers took a beating. What you must determine is if are they trying to make it up this year with your account. It is strongly recommended that you have a third party that does not benefit from the premium commission review the process.
Next, you need to determine the type of program that a) will be offered to you by carriers and b) doesn’t contain hidden costs that will seriously impact your finances in years to come.
Carriers today generally offer only a few programs to insureds based on the insureds’ financial status. It is important to know which of these offers is a good offer. Also there are some programs that appear to be a good buy today, but could have devastating effects on your company in future years. In the following article, we will identify the various types of insurance programs and the advantages and disadvantages of each. We will also include participation requirements of the programs.
Finally, it is extremely important that you have, maintain, and control an effective risk management and safety program. This program must be known and understood by all of your staff members and there must be clear and precise evidence that is used consistently as a common everyday practice. Owning a manual, attending or conducting a seminar or having only one or two individuals familiar with your program will not be sufficient to satisfy the underwriter’s concerns for exposure. Carriers have become more alert to the signs of a “surface only" risk management program and will be quick to deny an application or will quote very high if they feel your program is inadequate.
Time is of the essence. If your renewal for this year has not yet occurred, it is very important that you begin the process as early as possible. It is highly recommended that you start at least 90 days in advance of renewal but preferably 120 days. Obtain a projection of your future premium and begin setting aside additional funds. It is unlikely that you will receive a premium reduction, so be prepared. If you have already renewed and your premium increases are killing your profits, get help now. With the right approach, you may be able to take steps to qualify for a more affordable program mid-term by making a few adjustments. The worst action is no action. This plague will not go away soon. Do something today!
A "How to" Guide
My previous article dealt with the alarming fact that a large number of organizations have had their employees improperly classified for purposes of workers compensation insurance (Workers Comp Misclassifications Can Cost Employers a Fortune). The consequence of misclassification could mean that a business unknowingly paid far more in workers compensation premiums than they should have. Just think if you found out that your company overpaid and could be entitled to a refund? How could use this "found money"? This article will serve as a "How To" guide to see if your company has overpaid and deserves a refund due to employee misclassification. How you ultimately spend the money is up to you!
What information is necessary?
The first thing you need to do in order to conduct your self audit is to gather lots of documentation. You will need your workers compensation declarations pages, audit statements, experience rating worksheets, merit rating worksheets, loss runs, running totals of premiums paid and attributable to workers comp premiums, and records of any dividends received. Unfortunately, you will need this information for each policy year being audited. I would recommend auditing at least the previous 5 years worth of data. If you find a smoking gun in any of those 5 years, you may wish to audit prior years as well. One error can indicate past inaccuracies and can compound the effect of future mistakes.
How do I know if my classification code is right?
Once you have collected all this information, your work really begins. What you must determine is whether or not your organization was properly categorized based upon what it actually did during each policy period in question. To make that determination easier (in Pennsylvania), the Pennsylvania Compensation Rating Bureau (PCRB) has published a set of Standard Survey Instructions on its website (http://www.pcrb.com/). This long survey starts off with some broad questions about your organization and then into the specifics of your particular industry. For instance, if you are questioning whether your business is properly classified as a Paper Products Manufacturer, the following is a list of the industry specific questions you would need to answer:
List, and provide percentages for, the raw materials and finished products.
Does the risk manufacture paper/operate a paper mill?
Give a detailed description of the manufacturing procedure.
Does the risk provide contract paper services such as slitting, sheeting, winding, finishing, laminating, etc.? If yes, provide a detailed description of these services. List all equipment used in the risk's manufacturing and/or processing operations.
As you can see, these are not for the most part "yes" or "no" questions and can take quite a bit of time to answer.
Where do I submit the results?
After gathering all your information, you are now ready to send it to the PCRB. Neither you nor your insurance provider can just unilaterally change your classification code. Your code change request must be approved and processed by the PCRB. There are very specific procedures that must be followed and are available on the PCRB website.
To go back to our paper products manufacturing example, let's assume the PCRB determines your company should actually be classified as a distributor. We'll also assume that the distributor class is less expensive. You can then start to quantify (using all your assembled worksheets) the your potential refund. Your insurance company will probably be willing to help you do these calculations but I would double check them anyway. You will also need to determine the number of years your company has been misclassified. Obviously, if you changed from a manufacturer to a distributor 10 years ago, your refund could be substantial.
Why don't more companies do this?
That's a very good question! For one thing, even though a company could get a substantial refund, it can be a big project to handle internally. There is also no guarantee that any refund is due. Another reason is because many organizations just have no idea that their information is incorrect.
How can I learn more?
If you would like more information on how to determine whether your organization has been misclassified you can contact me using my information listed below. Our company is fully equipped to help you perform your own audit or you can outsource the entire project to us.
Are there any other places my insurance provider may have miscalculated?
Absolutely! That is why my next article will deal with how to ensure your experience mod is correct. An incorrect mod can cost you a bundle as well. Until then...
Both Ed Parker & Eric Patrick are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
Ed Parker has sinced written about articles on various topics from Other Business, Workers Compensation and Other Business. The principals of have a combined 50 plus years of experience in risk management, sales training, insurance, and information technology. Since 1997, JPA, db. Ed Parker's top article generates over 4400 views. to your Favourites.
Eric Patrick has sinced written about articles on various topics from Small Business, Legal Matters and Tax Deductions. Eric D. Patrick, is an attorney and Chief Operating Officer of Consumers Insurance Agency Inc.