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Is your company being robbed of revenue by Work Comp and General Liability Overcharges? All About Workers' Compensation Insurance Contact us for a copy of my free book. Workers' Compensation is regulated by each state, and the rules regarding this business obligation can vary significantly. Most states utilize a system where most employers purchase private insurance to meet this statutory obligation, but some states maintain a state-run fund that competes with private insurance. A few states require employers to use only their state fund and do not allow private insurance. If your company purchases Workers' Compensation insurance, your premium is calculated according to a certain format. Some of the fine details of that format can vary from state to state, but there is also a considerable degree of uniformity from state to state regarding how premiums are calculated. The Basics of computing Workers' Compensation insurance premiums In most states, most employers are required to handle their statutory workers' compensation liability by purchasing an insurance policy. If a company is large enough, many states allow an employer to self-insure this liability, and those particular requirements vary considerably state by state. But generally, this option is only viable for employers with very large payrolls in a particular state. Most employers need to buy an insurance policy to cover this exposure. (Texas is a notable exception to this, in that this state does allow employers to "go bare" without penalty, although it is not generally recommended.) The basic method of pricing such insurance is a rate per hundred dollars of remuneration. (The most common element of which is payroll.) There are different classifications which apply to different work exposures, and each classification will carry its own particular rate per hundred dollars of payroll. The theory is that the rate should vary to reflect the varying exposure to injury of different kinds of work. For example, a bank teller is normally subject to considerably less workplace risk of injury than is a steelworker, thus the rate for the bank teller's classification code will be much lower than the rate for the steelworkers' classification code. But for most employers, only a few classification codes will apply. The guiding classification principle in Workers' Compensation insurance is that the overall business enterprise of the employer is classified, not the individual workplace exposures of employees. For instance, in a manufacturing plant, the janitor isn't classed into a janitorial classification, but rather is placed into the classification used for the shop employees. The classification used for the business is calle the governing classification. This is the classification that generates the most payroll for an employer. But there are a couple of workplace exposures that are normally broken out into their own classifications: clerical, salespeople, and often (but not always) drivers. These are called Standard Exceptions. But there are also exceptions made for certain kinds of employers. Generally, employers in construction-type classifications are not subject to this governing classification rule. Instead, the individual exposures of the workers are classified, according to the classification rules that apply in that particular state. When you take the rate for a classification and multiply it by payroll (per hundred dollars) you get the manual premium. The manual premium may then be adjusted by an experience modification factor based on prior loss experience of an employer. There may also be some discretionary adjustments made to the premium if the policy is not in an Assigned Risk Plan. Assigned Risk Plans, sometimes known as the Pool, (or the residual market by insurance people) are a mechanism set up by individual states so that employers can obtain workers' compensation insurance even when insurance companies are not willing to write such insurance on a voluntary basis. Finally there will be a Premium Discount given. This is simply a size discount, based on the size of the premium. Remember also that workers' compensation insurance is written initially on an estimated premium basis. This is because it's impossible to know ahead of time exactly how much payroll will be generated over the course of the policy. Thus, after the policy ends there will normally be some kind effort made by the insurance company to determine the actual payroll for the policy period, and to adjust the premium based on these revised payroll numbers. If the policy premium is relatively small, the insurance company might just ask the employer to report the actual payrolls. If the policy premium is larger, the insurance company will probably want to send out a premium auditor to determine actual payrolls. After actual payrolls are known for the policy period, an audited premium will be billed by the insurance company. There can be further adjustments made to some kinds of Workers' Compensation insurance policies based on the losses of the particular insured company. Such Loss Sensitive plans come in several different varieties, such as Sliding Scale Dividend plans, Retrospective Rating Plans (or Retros), Retention Plans, Deductible Plans, and even combinations of these plans. What all of them have in common is that the final premium is further adjusted based on losses. Many (but not all) of these plans make their adjustments on the basis of incurred losses, which are actual paid claims plus reserves set by the insurer. Careful attention needs to be paid to the insurer's claims handling and reserving when an employer chooses such a plan, as poor claims handling by the insurer can inflate the premium significantly. Contractors & Workers' Compensation Insurance Contractors, whether large or small, tend to have even more complaints about the cost of Workers' Compensation insurance than other kinds of employers. And who can blame them? The rates for many construction related classifications tend to be high, and competition for their business often limited, so many contractors rightfully feel abused by the system. But there are some important points that contractors need to keep in mind to prevent paying even higher Workers' Comp premiums. Contractors need to keep particularly good records in some regards, because the rules of Workers' Compensation premium computation allow payroll in contractor classifications to be treated differently in some important aspects. These differences can reduce premiums, as long as payroll records are set up correctly. Unlike many other kinds of employment, those in what are considered "construction" classifications (although strictly speaking, the work doesn't have to be involved in actual construction of buildings) can have payroll divided between several different non-clerical classifications. The payroll for individual employees can even be allocated between more than one classification, if proper payroll records are kept. The key to it is to have payroll records that clearly show the actual hours the employees spend at the various job functions. As overtime can often be a very significant cost for these kinds of employers, it is vitally important that their payroll records also allow the premium auditor to easily identify overtime pay by classification, so it can be equalized back down to straight time for purposes of calculating the Worker's Comp premiums. (Almost all states allow such an equalization of overtime pay.) Another important recordkeeping area for contractors is Certificates of Insurance for subcontractors or independent contractors they use. Without Certificates of Insurance from them, showing they have their own insurance in force, you will likely be charged to provide coverage for them. To avoid such charges, make sure you obtain Certificates from everyone you bring onto a project, and keep them in order and available for the premium auditor. Finally, some states have enacted special premium credits for employers in the "construction", or contractor, classifications. The forms they use typically require the employer to report wages and hours (so an average hourly rate can be determined) of all employment in these construction classifications. There is usually a deadline associated with the reporting of this information, and missing the deadline can make it very difficult to qualify for the credit on the next policy, even if the employer otherwise qualifies. And the way many of these programs work, the responsibility for understanding the importance of filing on time, and for actually getting the completed form sent in, rests with the employer. Miss the deadline, and the various bureaucrats involved in administering these programs can be quite frustratingly adamant about denying the credit
Our exclusive Program, CorrectComp is built to help your company get the most out of your coverage. Mod Factors, Experience, Reserved Lossed, Actual Losses, and Estimated Lossses are just some of the areas we will analyze and help you with. We know the Work Comp Process and we know how to make it work for You and your business. Workers Compensation protects an employer from liability for an accident involving an employee. It is mandated by law in Alabama if you employ at least 5 full time or part-time workers. Some Contractor can elect to opt out of the Work Comp System! Did you know that?Many of Alabama's Workers Compensation Laws and Regulations can be found at this link: http://www.dir.state.al.us/wc/ This insurance pays benefits to your employees if they are injured on the job. Specifically, it covers their medical bills, a portion of lost wages, vocational rehabilitation and death benefits. Failure to carry worker's comp. exposes the employer to pay what the insurer would have paid, plus severe fines, and possibly jail time for violating the law. The benefits may amount to hundreds of thousands of dollars. The employer has a legal duty to ensure that employees get the legally mandated benefits without delay. Worker's compensation covers all the employees of the business. Sa It's not always just the rate factors that causes errors on your Workers Compensation Insurance. The "SYSTEM" is designed to benefit the insurance company. It's this "SYSTEM" that causes more than 50% of all business owners to waste thousands of dollars each year. Imagine, one out of every two business owner's are unknowingly overcharged for the Workers Compensation insurance each year. Why would you risk such odds when it is so easy to call? With the potential for errors in not just one, but each area, the cost to you just multiplies. And, because the "SYSTEM" takes the inaccurate information into consideration for three years, you overpay each and every year over that 3 year period.
For most business owners, the Premium Audit process is like filling a waste basket of real money and setting it on fire. $13,000 of Overcharges: For instance, an insurance company auditor mistakenly categorized the money paid to a subcontractor. This one error alone cost the business owner $13,600 and she didn't even know it. Mistakes can linger: Overcharged $1,000 per year for 20+ years: A 5-employee manufacturing company, jointly owned by a husband and wife for over 20 years typically had employees working from 5-10 hours overtime each week.In the 20 years the couple owned the plant, they always included the overtime pay in their Workers Compensation payroll calculations for their audit. Each year for 20+ years the couple paid premium on more than $15,000 in payroll than they needed to. That was the sad news they discovered when they had a Certified WorkComp Advisor review their Workers Compensation Insurance. "It was like the couple that burned 10 Ben Franklin's each year for 20 years...being overcharged by $20,000." Somehow, the insurance company failed to close the claims after they paid out a little over $700 total. The result of that mistake meant the plumbing company was "charged" $10,000 to their Experience Mod. If not fixed, this could affect their cost each year for 3 years. The Certified WorkComp Advisor spotted the problem, fixed it and ultimately saved the plumbing company $4,200 per year. Alabama Department of Industrial Relations Link: http://www.dir.state.al.us/wc/ NOW OFFERING MARINE AND LONGHORE ACT INSURANCE TO INCLUDE ADMIRALTY, JONES ACT AND MARITIMER EMPLOYERS LIABILITY AND HAVE INCLUDED SOME TERMINOLOGY AND DEFINITIONS FOR OUR CLIENTS AND PROSPECTIVE CLIENTS: Admiralty – refers to the common law of the sea, enforced by the federal Courts. Seamen have certain rights and remedies against their employers under Admiralty Law, if injured on the job or during a voyage. Jones Act – a federal law that extended the Federal Employer’s Liability Act (FELA) to give injured seamen the right to sue their employer in federal Admiralty courts for their work-related injuries. Longshore – literally means “along the shore”. Refers to maritime employment, other than work as a seaman. Includes work building and repairing ships, loading and unloading ships, construction or repair of structures to enable waterborne commerce, and other work on or near navigable waters in support of waterborne commerce. Maritime – generally means “pertaining to the sea”. In connection with the USL&H Act, “maritime” work means work that meets the “situs” and “status” tests, including building and repairing ships, loading and unloading ships, construction or repair of structures that enable waterborne commerce, and other work on or near navigable waters in support of waterborne commerce. Also references work in connection with the Jones Act. Marina – a property or premises that provides waterfront facilities for recreational boating activities, typically launching, docking, storing, fueling and incidental servicing of boats. MEL – “Marine Employers Liability” coverage, often provided under a P & I policy or monoline, to protect the employer against his liabilities under the Jones Act and Admiralty law for injury to his employed seamen. Known as “Maritime Coverage” when provided as an endorsement to a Workers’ Compensation Insurance Policy. Navigable water – a body of water or waterway which enables travel (in any size vessel) from one state to another or to the Gulf of Mexico or to an ocean Political subdivision – is a unit of the federal or any state, county, or municipal government, or an agency established by one of them, such as a water district, or school district, or a recreational district Situs – having “situs” means the work is on or adjacent to navigable waters. Status – having “status” means the work is generally “maritime” in character, unless specifically excluded in the Longshore and Harbor Workers Act. Work as an employee of a political subdivision is also excluded. Seaman – a maritime employee who works on a “vessel”, contributes to the functioning of the “vessel” and the accomplishment of its mission, and has a connection to the vessel or a commonly owned group of vessels. The general working precedent is that an employee needs to spend at least 30% of their time on this vessel or group of vessels to be considered a “seaman”. USL&H – means the United States Longshore and Harbor Workers Compensation Act, a federal law in many respects like any state’s Workers’ Compensation law, except that it only applies to employers and employees engaged in maritime work. Vessel – is a ship, boat, barge, or navigable work platform of any size. Marine Insurance Terminology Bareboat Charter ---------------------- Longshore Questions and Answers: What makes my employees eligible for benefits under Longshore? How does Longshore cover my employees? If I have Longshore insurance, do I need WC coverage as well? If I use subcontractors who do not have Longshore coverage what are the ramifications? If your subcontractor does not have coverage for Longshore you absolutely become liable for unpaid benefits regardless of whether you have or do not have coverage. See Section 904(a) of the Act. Is a sole proprietorship exempt from Longshore? A sole proprietor who has no employees can be exempt form Longshore. However a business is not considered a sole proprietor under Longshore if working “at the direction of another”, which removes most sole proprietor from this exemption. Can Sole Proprietorships exempt their employees? No. How do I obtain Longshore Insurance? Longshore insurance must be purchased from an insurance carrier approved by the U.S. Department of Labor to write Longshore insurance. A list of approved carriers is available from It is best to use an agent who is familiar with Longshore to help guide you through that process. Click here to email an agent: orharris@oldnationalinsurance.com Cell Phone for Immediate Response 205-275-5005 Which Insurance companies are allowed to write Longshore Insurance? Only those approved by the U.S. Department of Labor A list of approved carriers is available from However many are approved that rarely write the coverage. An Insurance Company who specializes in Longshore will provide the correct support and dedicated claims handling. What happens if I have an injury to a Longshore Employee but no valid Longshore Insurance? The penalties are severe and are detailed in the Act Section 938. Simply stated the employer and corporate officers personally are liable for any unpaid benefits under Longshore plus both also lose the protections of the Longshore Act and can be subject to a tort suit in additonal to the Longshore benefits. In addition there is even the potential for jail time. If my business is exempt from Longshore, am I also exempt from Jones Act and the other Admiralty liabilities? No. The Longshore exemptions have no effect on Jones Act or Admiralty liability. When does Longshore stop and Admiralty Exposures start? This is determined on a case by case basis, but the most common rule of thumb is that Admiralty benefits start when an employee spends more than 30% of their time in service of a particular vessel or identifiable fleet of vessels. How do we report claims? Claims should be reported to your insurance company as rapidly as possible. In addition there are certain forms and requirements for filing with the U.S. Department of Labor. A specialty Longshore carrier will be able to direct you on those. Make sure you have available in a readily accessible location your carriers claims reporting hotline. The faster claims are reported the better for everyone. --------------------------------------- To follow are a few types of insurance, services, locations, insurance companies we represent (directly and indirectly ) as well as related insurance terminology . Georgia Contractor Insurance, Mississippi Contractor Insurance, Tennessee Contractor Insurance, Georgia Insruance, Mississippi Insurance, State Insruance. All States Insurance, Alabama Department of Industrial Relations-Worker's Compensation, Alabama Independent Insurance Agents, Inc. 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Petroleum Insurance Institute, Amphibious Worker, Barge Worker, Bin Deck Operator, Blower, Boat Operator, Boilermaker, Book Cler, Burner (shipbreaker), Cargo loader and unloader, cargo operations manager, carpenter, shipwright, checker, chipper, clean-up crew member, ship clerk, computer trainer, container, container maintenance mechanic, container refurbisher, container repairman, container stripper, container stuffer, cooper, cotton header, crane operator, dark room assistant, deck engineer, deckhand, delivery clerk, dispatcher, diver, dockbuilder, dredgeman, driver-courier, fish spotter, fitter, holdman/driver/sorter, hustler, keyman, ironworker, longshoreman instructor, machinist, nuclear shop fitter, offshore oil field worker, offshore platform construction worker, oil gauger, oiler, petroleum inspector, pile driver, pilebutt, pipe clerk, pipe inspector, pipefitter, pondman, pumphouse operator, pumpman, railroad workers, recreational boat inspector, vessel worker, vessek, rigger, roustabout, safety inspector, ship-breaker, shipbuilder, shipbuilder, ship repairman, shipfitter, shipfitter helper, small boat shipbuilder, steel rigger/erector, stevedoring mechanic, stevedore, stripper, swamper, tankerman, terminal laborer, terminal operator, timekeeper, torch operator, track maintenance crew member, trailer interchange receiving man, trainee, utility man, ocean, marine, Rainbow Lakes, Atlantis, Lake Worth, South Palm Beach, Palm Springs, Greenacres,FL Jones Act,USL&H,longshore and harbor workers act,workers' compensation,commercial marine,marine liability,marine contractor,marine insurance,yacht insurance,cargo coverage,marine cargo,motor truck cargo,cargo legal liability,tug boat,yacht policy,remotely operated vessel,longshoreman coverage,marine contractor,boat insurance,barge insurance,contractors coverage,dive contractors,diving contractors,commercial vessel coverage,ROV insurance,tug & barge,LHWCA Our Personal Auto Insuance Website is now open www.automobileinsurancemadeeasy.com Visit us for a FREE Automobile Insurance Quote--Compare and Save!
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