Experience Modification Rate (EMR)

The experience modification rate plays a significant role in the cost of workers compensation insurance premiums. This figure represents an employer’s workers compensation claims history compared to other businesses of a comparable size in the same industry.

What does your experience modification rate say about your company?

A mod factor greater than 1.0 is a debit mod, which means that your losses are worse than expected for your industry and a surcharge will be added to your premium. A mod factor less than 1.0 is a credit mod, which means losses are better than expected, resulting in a discounted premium.

The mod depends on these components:
1. Actual losses from the three prior policy periods, not including the most recent policy period
2. Expected losses based on payroll and expected loss rates for the industry
3. The amount of each loss – severity.
4. The number of claims – frequency.
5. Ballast and weighting values which limit the effect of any one single loss.

Experience modification errors cost business owners money each year if their insurance agent isn’t analyzing the data to insure accuracy.   Our workers comp specialists review your experience modification factor at least twice a year and show you how much each mod point is worth.   You will also see how claims affect your premium over a 3-year period.

For most employers, workers compensation insurance is all about one number — the premium. –

Understanding the factors that influence the experience modification factor can help you positively influence this figure through proactive risk management strategies. This can lead to improved workplace safety, reduced claims, and lower overall workers compensation costs.

Electronic OSHA Filing

Electronic Reporting Link:
https://www.osha.gov/injuryreporting/index.html

EMPLOYERS WITH 20 OR MORE EMPLOYEES in certain industries employers must also annually file the OSHA 300a through OSHA.gov….

Employers with 20 or more employees per establishment (see definitions below for establishment) and are in OSHA’s list of high-risk industries are required to electronically file their OSHA 300a forms annually.  The high-risk industry list includes construction, manufacturing, utilities, department stores, general merchandise stores, general freight trucking, warehouse and storage, waste management services, and other high-risk industries.  A complete list of OSHA’s high-risk industries can be found at this link: HIGH-RISK INDUSTRIES

WHO DOES NOT NEED TO FILE ELECTRONICALLY?

Establishments that meet any of the following criteria DO NOT have to send their information to us. Remember, these criteria apply at the establishment level, not to the firm as a whole.

  • The establishment’s peak employment during the previous calendar year was 19 or fewer, regardless of the establishment’s industry.
  • The establishment’s industry is on this list, regardless of the size of the establishment.
  • The establishment had peak employment between 20 and 249 employees during the previous calendar year AND the establishment’s industry is NOT on this list.

Deadline: 2024 data must be submitted by March 2, 2025

1- When determining the number of employees what type of employees do I include?

All employees at your establishment need to be included, for example, all part-time, seasonal, clerical, principles, etc.

2- I have over 20 employees and I am in construction, do I need to electronically file with OSHA?

Yes, all construction NAICS codes are included in the high-risk industry list. View high-risk industry list (NAICS code 23 Construction includes all codes that start with 23). 

3- I have 20 or more employees but I am NOT in construction, do I need to electronically file with OSHA?

Manufacturing, utilities, department stores, general merchandise stores, general freight trucking, warehouse and storage, and waste management services are considered high-risk industries and are required to file electronically.  A complete list of OSHA’s high-risk industries can be found on this link: high-risk industry list 

4- How do I find my NAICS code?

Use NAICS Keyword Search and enter keywords that describe your operation. 

5- If I have less than 20 employees do any of the OSHA recordkeeping rules apply?

 Yes, all employers are required to report serious injuries by contacting OSHA within 8 hours of a work-related fatality and within 24 hours of work-related in-patient hospitalization, amputation, or loss of eye (see Severe Injury Reporting ).  You may also be required to keep OSHA logs if you have over 10 employees and you are not on the partially exempt list  Watch this OSHA 15 minute video to learn more about how to maintain your OSHA logs. 

6- If I file electronically do I need to keep OSHA logs?

Yes.  Watch this OSHA 15 minute video to learn more. 

7- What year data is being electronically filed by 3/2/2025?

You will be filing your 2024 data.
8- When will the 2024 data be due?
2024 data will be due no later than 3/2/2025.  Be sure to file early!

9- If an employee in my establishment is a contractor’s employee, must I record an injury or illness occurring to that employee?

If the contractor’s employee is under the day-to-day supervision of the contractor, the contractor is responsible for recording the injury or illness. If you supervise the contractor employee’s work on a day-to-day basis, you must record the injury or illness.

10- Must the personnel supply service, temporary help service, employee leasing service, or contractor also record the injuries or illnesses occurring to temporary, leased, or contract employees that I supervise on a day-to-day basis?

 No, you and the temporary help service, employee leasing service, personnel supply service, or contractor should coordinate your efforts to make sure that each injury and illness is recorded only once: either on your OSHA 300 Log (if you provide day-to-day supervision) or on the other employer’s OSHA 300 Log (if that company provides day-to-day supervision).

11- If I had no losses do I still need to electronically file?

Yes if you fall into the requirement you must still file “0” losses

Additional OSHA electronically filing questions

Still need assistance? 

Email: Claims@keevily.com or call 1-800-523-5516. 

OSHA Injury and Illness Record Keeping

Who falls under this regulation?
Employers with 11 or more employees at any time during the prior calendar year unless industry code is listed on the Partial Exempt List.

When?
Work related injury and illness should be logged on the OSHA 300 within 7 days of knowledge

Deadlines: Feb 1, 2025
You will be required to post only the 2024 Summary 300a form from Feb 1, 2025, through April 30, 2025, in an area visible to employees.

Forms Required:
Employers that are required to maintain Injury and Illness records will need three forms:

  • the Log of Work-Related Injuries and Illnesses (OSHA Form 300),
  • the Summary of Work-Related Injuries and Illnesses (OSHA Form 300A), and
  • the Injury and Illness Incident  Report (OSHA Form 301 or Workers Comp First Report of Injury C2/eFroi).

Instructions:
Watch this 15 min video for a tutorial on completing the Recordkeeping Forms.

Things to Consider:
What type of Injuries or Illnesses are NOT recordable:

  • Employee presented as a member of the general public
  • Symptoms arise in a work environment that is solely due to non-work-related event or exposure, (regardless of where signs or symptoms surface). A case is work-related only if a work event or exposure is a discernable cause of the injury or illness or of a significant aggravation to a pre-existing condition.
  • Voluntary participation in a wellness program, medical, fitness or recreational activity
  • Eating, drinking or preparing food or drink for personal consumption
  • Personal tasks outside assigned working hours
  • Personal grooming, self-medication for non-work-related condition, or intentionally self-inflicted
  • Common cold or flu
  • Mental illness, unless employee voluntarily provides a medical opinion from a physician or licensed health care professional (PLHCP) having appropriate qualifications and experience that affirms work-relatedness
  • Visits to a licensed physician solely for observation or counseling
  • Diagnostic procedures including x-rays, MRIs, CT scans
  • If the incident involves no lost time and the treatment received does not got beyond the following First Aid List
    • Using nonprescription medication at nonprescription strength
    • Tetanus immunizations
    • Cleaning, flushing, or soaking surface wounds
    • Wound coverings, butterfly bandages, Steri-Strips
    • Hot or cold therapy
    • Non-rigid means of support
    • Temporary immobilization device used to transport accident victims
    • Drilling of fingernail or toenail, draining fluid from blister
    • Eye patches
    • Removing foreign bodies from eye using irrigation or cotton swab
    • Removing splinters or foreign material from areas other than the eye by irrigation, tweezers, cotton swabs or other simple means
    • Finger guards
    • Massages
    • Drinking fluids for relief of heat stress

Special Consideration:

  • Recording workplace exposures to COVID-19

OSHA recordkeeping requirements mandate covered employers record certain work-related injuries and illnesses on their OSHA 300 log (29 CFR Part 1904).

COVID-19 can be a recordable illness if a worker is infected as a result of performing their work-related duties. However, employers are only responsible for recording cases of COVID-19 if all of the following are true:

  1. The case is a confirmed case of COVID-19 (see CDC information on persons under investigation and presumptive positive and laboratory-confirmed cases of COVID-19);
  2. The case is work-related (as defined by 29 CFR 1904.5); and
  3. The case involves one or more of the general recording criteria set forth in 29 CFR 1904.7 (e.g., medical treatment beyond first aid, days away from work).

Employers should follow the OSHA enforcement guidance found in the Updated Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19).

Visit OSHA’s Injury and Illness Recordkeeping and Reporting Requirements page for more information.

  • Travel:
  1. An injury or illness that occurs while an employee is on travel status is work-related if it occurred while the employee was engaged in work activities in the interest of the employer, otherwise it is not recordable.
  2. Detour for personal reasons is not work-related
  • Work from Home:

Injuries and illnesses that occur while an employee is working at home are work-related if they:

  1. Occur while the employee is performing work for pay or compensation in the home, and
  2. Are directly related to the performance of work rather than the general home environment

Day counts (days away or days restricted)                  

  • Do not count day of injury/illness
  • Count the number of calendar days the employee was unable to work (include weekend days, holidays, vacation days, etc.)
  • Cap day count at 180 days away and/or days restricted
  • May stop day count if employee leaves company for a reason unrelated to the injury or illness
  • If a medical opinion exists, employer must follow that opinion
  • Logs are to be completed within 7 days of the injury/illness

Incident Rate Calculation –          Total number of injuries & illnesses multiplied by 200,000 divided by the number of hours worked by all employees = total recordable case rate

Online Calculator

For more info please visit OSHA.gov or call your Keevily Team.

SG 489 25% DIVIDEND DECLARED

35% UP-FRONT DISCOUNT

Keevily Spero Whitelaw, Inc., Group Manager, is pleased to announce that NYSIF Workers’ Compensation 

Keevily Spero Whitelaw, Inc., Group Manager, is pleased to announce that NYSIF Workers’ Compensation SAFETY GROUP #489 Electrical Industries of NYS HAS DECLARED A 25% DIVIDEND for the 11/1/22 – 11/1/23 policy period.

This dividend is in addition to the 35% premium discount.

This dividend and premium discount represent  the continued strong performance of Safety Group #489.

How Keevily’s Team assist our Safety Groups members to increase their dividends and reduce their Workers Compensation cost

Claims Management 
Your dedicated team of Claim Consultants will assist you through every stage of your claims. 

Review Exp Mod & Class Codes  
Our team is on hand to review your Experience Mod & Class Code for accuracy.

Fraud & Accident Investigation
Workers Comp fraud is a felony and not a victimless crime. Fraud increases business costs, consumer prices, and inhibits job growth.

Safety Resources
Safety First. Accidents are inevitable, but also preventable.

Identify top loss sources
Customized Claims Review & Trending Analysis

CONTACT US FOR A FREE QUOTE
1-800-523-5516
www.Keevilyworkcomp.com

Time to file your 2024 NYCCPAP

It is time to file your 11/1/2024 New York Construction Classification Premium Adjustment Program (NYCCPAP) application with the New York Compensation Insurance Rating Board (NYCIRB).  The NYCCPAP program allows premium credits for some employers in the construction industry. These credits exist to recognize the difference in wage rates between employers within the same construction industries in New York. 

The 11/1/2024 applications can be filed online beginning on 8/1/2024 and need to be filed before 10/31/2024. Please go to the NYCIRB website http://www.nycirb.org/cpap.php to file.  On the application, you will need to provide weekly gross payroll from the 3rd quarter of 2023. For commercial work, the payroll should be capped at $1,718.15 per employee. There is no cap for residential work.

If you have any questions about the program, need help filing, or would like us to file for you, please contact Jeanine Cosentino at jcosentino@keevily.com or 914-412-0535. If you plan on submitting the application by fax to NYCIRB, we ask that you let us handle this for you by sending it to Jeanine to be processed.

Please send your 2024 NYCCPAP applications for the new year to Jeanine Cosentino now!

Please also note that the 11/1/2023 application can still be filed with a late letter, but the deadline is before 10/31/2024. Please contact Jeanine for details. 

Thank you,

Jeanine Cosentino & Your Keevily Team
500 Mamaroneck Avenue, Suite 404 
Harrison, NY 10528
Tel: (800) 523-5516
Fax: (914) 381-1134
www.Keevily.com

Your Responsibilities as an Employer

REPORTING INJURY AND ILLNESS

Under Section 110 of the New York State Workers’ Compensation Law, when a workplace injury or illness occurs, an employer is required to report the incident to their carrier, New York State Insurance Fund, within 10 days of knowledge unless the incident qualify for self-pay/first aid.

BENEFITS OF REPORTING CASES IMMEDIATELY:

Allows the injured worker to receive treatment and benefits promptly,

Allows carrier ample time to investigate claim,

Has been shown to reduce the costs of a claim,

Avoid penalties for late filing,

Helps the insurer monitor and administer the claim, and

Ultimately leads to the injured worker returning to work faster.

HOW SOON MUST EMPLOYERS REPORT A WORKPLACE INJURY OR ILLNESS?

Employers should notify their insurer immediately 

if the injury or illness:

Caused (or will cause) the worker to lose time from regular duties beyond the working day or shift on which the injury occurred.

Required (or will require) the worker to receive medical treatment beyond ordinary first aid, or more than two minor medical treatments.

HOW DO EMPLOYERS REPORT A WORKPLACE INJURY OR ILLNESS?

An online system has been implemented by New York Sate Insurance Fund to process claims with more speed and efficiency. Faster resolution helps lower claim costs. This process starts with you, the employer, filing a new claim Electronic First Report of Injury (EFROI) with NYSIF.

IS THERE A PENALTY FOR UNTIMELY REPORTING?

YES. Employers should notify State Insurance Fund immediately of a workplace injury or illness as penalties of up to $2,500 for late or missing reports are possible.

CAN EMPLOYERS CHALLENGE A CLAIM?

YES. Include all facts and concerns to the additional info section in the Electronic First Report Of Injury. Cases are transmitted to Keevily and NYSIF at which point we will begin to manage the issues.

DO I NEED TO GIVE ANYTHING TO MY INJURED EMPLOYEE?

YES. Employers need to provide the injured employee with a claimant packet.

For more information call us!

1 (800) 523-5516

Understanding Your Workers’ Experience Modification Factor

An experience modification factor (also known as a mod factor) represents either a credit or debit that is applied to your Workers’ Compensation premium. Since your mod factor directly impacts premium costs, it’s vital to keep it under control.

At Keevily, your team of claims professions focus on your claim history looking for reductions or savings which can lead to downward adjustments in your experience modification. If an adjustment is found, a request for revision is made on your behalf, as well as a rebill or credit on your policy premium. Our goal is to ensure your Experience Modification Rating (mod factor) remains accurate and you receive any premium refund you deserve. 

Learn additional ways you can limit losses and control your mod factor. Click here

For more information call us!

1 (800) 523-5516

Environmental, Health &Safety Training

Classroom Based Videos On-Demand

ACRISURE has worked with the experts at Evolved Safety to deliver environmental, health and
safety training programs to help reduce accidents and injuries for our valued clients. As an
Acrisure client, you now have access to Evolved Safety’s expansive and diverse selection of
trainings in our video library at no cost and other training materials at a preferred price.

High Quality Video Trainings + Evolved Safety = Success

Clients now have the ability to easily access video-based trainings that are best for in-person
group sessions that come with a short printable quiz that allows for tracking of employee
comprehension. With access to over 600 training topics, our easy to access video library is an
excellent way to deliver training to your workforce.

  • Agricultural Training
  • Aviation Safety Series
  • Back Injury Prevention
  • Cannabis Safety
  • Cannabis Training
  • Chemical Safety
  • Construction
  • Corona Virus Covid-19
  • Driver Safety and Training
  • Drug and Alcohol Training
  • Electrical Safety
  • Ergonomics Training
  • Fire Safety
  • Forklift Safety
  • General Safety
  • Grocery Safety
  • Hazcom / Hazwoper
  • Healthcare Training
  • Hospitality OSHA 7
  • Hospitality Training
  • Laboratory Safety
  • Lockout/Tagout
  • Machinery & Welding
  • Material Handling
  • MSHA Training
  • Office Safety Training
  • Personal Protection
  • Restaurant Safety
  • Retail Safety
  • Safety Awareness
  • School District Safety
  • Sexual Harassment
  • Solid Waste
  • Traffic Control
  • Trucking/Transportation
  • Winter Safety Series

To Get Started Contact us!

Safety Group #455 has declared a 25% dividend

Keevily Spero Whitelaw, Inc., Group Manager, is pleased to announce that Plumbing, Heating and Mechanical Industries of NY State Workers’ Compensation Safety Group #455 has declared a 25% dividend for the 05/1/22 – 05/1/23 policy period. This dividend is in addition to the 25% premium discount provided to qualified members during this policy term.  

This increased dividend and premium discount represent the continued strong performance of Safety Group #455.  Our member’s improved efforts to better control their Workers’ Compensation claims experience and reduce claim costs are paying off. 

If you have any questions about how Keevily can help you improve your firm’s safety record, please don’t hesitate to call on us! 

Thanks for your continued participation in the Plumbing, Heating, and Mechanical Industries of NY State Safety Group #455. 

Never Miss Another NYSIF Bill with AutoPay

NYSIF AutoPay – A Sure Thing for Payments
Have you taken advantage of NYSIF AutoPay? AutoPay is simply the easiest and most convenient way for policyholders to pay their NYSIF premiums. It enables policyholders to make automatic electronic premium payments at nysif.com.

• Multiple payment options – Premiums can be paid via checking account, savings account, debit card or major credit card.
• Set it and forget it – Policyholders have one less task to complete, as well as one less due date to remember, each month.
• Email notifications – Notifications can be sent before each AutoPay is scheduled, as well as confirmations for payments received.

Log In to your NYSIF online account and choose “Pay My Bill” to enroll.

Go Paperless
If you haven’t enrolled in NYSIF email notifications, why not? Say goodbye to bulky insurance documents and mail clutter by going paperless at nysif.com. Choose to go paperless and receive email notifications as soon as statements and documents become available online.

  1. Go to nysif.com: Log In, then select “Account Management” from the drop-down menu.
  2. Choose “Email Notifications” to access your Notification Center and enroll in paperless.
  3. Choose your paperless options: You can choose to go paperless with your premium bill and/or policy documents. Once enrolled, the master account holder will automatically receive email notifications when these documents are available.
  4. Set-up email notifications for your authorized users: Choose the “Notification Management” tab to manage email notifications for your authorized users.

Go paperless, and we’ll waive the credit card fee! When an eligible policyholder enrolls in paperless bills & documents, NYSIF will waive the 2.25% fee that normally applies on credit card premium payments. Any policyholder in good financial standing and whose annual workers’ comp premium is equal to or less than $10,000, or whose annual disability premium is equal to or less than $1,000, is eligible. (PFL premium is not counted toward eligibility.)