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Settlement For Workers Comp

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For most organizations, employee related costs are one of the biggest drains on the bottom line. And workers compensation insurance is often the main drain. Unlike the price of gas, however, understanding these six workers compensation insurance industry secrets can help owners and managers aggressively control these costs. So what are they?



1. Insurance companies don't pay for your employee injuries - they just finance them for you.

Do you realize that oftentimes you pay $2 to $3 back to your insurance company for every dollar they pay out for your employee injuries? Each claim results in an extremely expensive financing contract. You pay your premiums. Then you have to pay for almost all of your claims. You pay:

- For employee injuries through lost dividends and return of premium

- Increased costs because your Experience Modification skyrockets

- Lost productivity

- Reduced morale for the unhurt employees who fill in for the injured employee

- Increased stress for management and staff

Workers Comp does not pay for employee injuries. You do!

2. Insurance Company Claims Management Services are usually horrendous.

Now that you know you write the checks for your employee's injuries you should realize how critical it is for you to demand aggressive claims management. Claims adjusters are snowed under with too many cases. Your injured employee doesn't get the attention he or she deserves. In spite of this, insurance companies continue to downsize as they strive to increase profits. Add Managed Care to the mix and your employee's claim is often outsourced to a case management company. The adjuster doesn't even know what is happening or how your injured employee is being treated. You just can't notify the insurance company your employee was injured and expect them to "do their job." You must have a proven process in place to minimize the cost of the injury and expedite your injured employee's return to work.

3. You are penalized and overpay when the "Audit Police" make a mistake on an audit

Because your real insurance cost is determined after your policy expires, it is essential the audit is correct. You're at a disadvantage from the start. The insurance company auditor knows the rules, you don't. The auditor is not compelled by law to explain the rules, even if applying a rule would cause you to pay a lower premium. Here's how the auditor works against you:

- Your entire payroll is put into the highest classification

- Then, the "standard class exceptions" are put into the correct cost classification. When someone is not properly moved to the lower cost classification, you pay at the highest rate. Misclassifications are common and the system is designed for you to pay for all mistakes. Would you allow an IRS agent to conduct an audit without an expert on your side? Of course not. Then, why allow an insurance company auditor to conduct an audit without an expert at your side? A workers comp audit may actually cost you more money than an IRS audit. A workers comp audit is every year. You may go years without an IRS audit.

4. Experience modification factors are often wrong or mismanaged

Most insurance buyers accept on "good faith" that their experience modification factor is correct? Why? It's just easier that way. I go into great detail about this in my article Why Assuming Your Workers Comp Experience Mod is Correct Could be a Dangerous Calculation. However, for our purposes here, you need to learn how to double check your mod because oftentimes it may be wrong. Your insurance company then collects an unfairly high premium.

5. Your dividend may not be what it appears to be

If you were placed into a dividend program with the promise of future savings, at least be aware that these promises are often illusory. Did you just buy your workers comp policy based on that fancy proposal your agent presented or did you really read the contract that states the terms of your program? Realize that you pay a bigger premium upfront to finance the possibility that you will not have any claims. And if you do have a few claims, your dividend will magically evaporate.

6. Your money will fly away unless your agent pays closer attention to your Workers Comp than any other insurance buy.

Here's what your agent must do to insure you have the best value for your workers comp insurance:

- Claims need to be monitored

- Premium audits must be managed and verified

- Experience modifications must be double checked for accuracy

- Contract must be analyzed

- Sub-contractor's insurance must be controlled Many actions are time sensitive.

If you don't know why 6 months after your policy expires is such a critical date, you may be overpaying your insurance. If you need a specialist in any one area of your insurance program, it is in the management of your insurance that affects your employees the most- workers compensations, medical and disability benefits.
Settlement For Workers Comp
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, and running totals of premiums paid and attributable to workers comp premiums. 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 is correct?

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 85 page survey begins with some general questions about your organization and then moves into specifics regarding 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 company can just change your 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 assume that all of their information is correct.

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...
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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.
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