New York’s Updated Workers’ Comp Experience Modification Rating Program

The New York State Department of Financial Services recently approved amendments to the New York Experience Rating Plan Manual, which is written by the New York Compensation Insurance Rating Board—also called the Rating Board. With the approved amendments, the Rating Board is changing the experience modification formulas for New York employers. This means new formulas will be used to calculate employers’ experience modification factors for workers’ compensation insurance.

In addition to using these new formulas, New York state is removing itself from the National Council on Compensation Insurance (NCCI) interstate rating plan. On or after Oct. 1, 2022, New York will work off experience modification formulas that apply only to their state-specific exposures. The Rating Board’s merit rating plan will no longer be used, and the use of current experience modification formulas will be discontinued. This article provides an overview of the changes.

Reasoning Behind the Changes

In 2017, the Rating Board began a multi-year project of analyzing its experience rating program for workers’ compensation insurance. During this review, credits and debits issued under the current experience rating plan were found to be inadequate. This means the credits and debits were insufficient to adjust premiums to an appropriate level for individual risk or incentivize workplace safety. Essentially, risks with good outcomes were not given enough credit, and the risks that had worse outcomes than expected were not given enough debit.

Ideally, a good experience modification rating will account for the risk of loss appropriately; the current formula was not doing so.

The New Plan

As a result of the current program’s inefficiencies, a new experience modification rating plan for New York state is set to begin on or after Oct. 1, 2022. The new plan will aim to incentivize workplace safety appropriately. This plan will also provide larger credits for those risks that have better-than-expected outcomes and larger debits for those whose outcomes are worse than expected.

By providing larger credits and debits, the plan will either decrease or increase or New York companies’ loss ratios, thus impacting their workers’ compensation premiums.

This new plan provides for several new rating methods. Specifically, the new plan includes the following types of methods:

  • Split points
  • Simplified rating formulas
  • Novel claim caps

These different rating methods are intended to provide a more equitable rating. By providing a reasonable system, New York companies will be encouraged to implement and enforce more effective workplace safety programs.

During the first year of the new program, New York employers may use the transitional modification factor. This formula can be used for experience modifications that are effective between Oct. 1, 2022, and Sept. 30, 2023. This formula provides that if the experience modification exceeds the modification that would have been generated by the old formula by more than 30%, an employer’s experience modification will be capped at the modification derived from the old formula in addition to the 30%.

Watch the video with an explanation of the new experience rating formula, its concepts, and a demonstration of how the formula is applied.

Who Is Eligible?

All employers with New York state exposures during the “experience period” are eligible for participation in the experience rating plan. The experience period represents the total amount of past exposure and loss data used in an experience rating during a specified timeframe.

New York employers should become familiar with this new experience modification program. Additional resources regarding the new program can be found on the New York Compensation Insurance Rating Board’s website.

Or call 1 (800) 523-5516

NYSIF Safety Group 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: 2021 data must be submitted by March 2, 2022

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 3/2/2022?

You will be filing your 2021 data

8- When will the 2020 data be due?

2021 data will be due no later than 3/2/2022.  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, 2022

You will be required to post only the 2021 Summary 300a form from Feb 1, 2022 through April 30, 2022 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 arising in work environment that are 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 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.

Considering First Aid? – Things to know:

Consideration for First Aid / Self-Pay Claims

“First Aid” claims are sometimes called “self-pay” claims, as the employer can choose to pay the claim instead of reporting it.  Employers have the option to pay the medical bill out of pocket IF the employee did not physically lose time from work beyond the work shift in which the accident occurred and received no more than 2 medical treatments. The injury should not result in permanency (for example facial scars or injuries involving bones, ligament, or tendon injuries).  Some other points to consider:

  • First aid is not intended for soft tissue injuries such as a neck, back, hip and joint injuries. Example of first aid claims includes lacerations, foreign body in the eye, nail bed injuries, etc.
  • If you have any questions if the injury is work related, do not pay it as first aid.  Report the claim timely so an investigation can be completed and a denial filed timely if it’s warranted.
  • If the claim goes beyond first aid you must advise us immediately otherwise we may be subjected to penalties.
  • Employers are required to keep a record of all injuries, including first aid, for 18 years. Please complete a first aid form and forward it to our office for documentation purposes only.
  • Advise the medical provider to bill you directly.
  • Medical bills would be paid per the NY Workers Comp Medical Fee Schedule.  When the bill is received it can be forwarded to our office to audit the bill. 

The benefits of first aid / self-pay are that the claim is kept out of your loss history and Experience Modification Rating (EMR) but it is important that you only self-pay claims that are allowed as First Aid claims under the Law.  Self-paying incorrect claims can end up increasing the cost of the claim substantially. 

Your Keevily Claims Team is available to guide you with a self-pay claim, please call us at 1-800-523-5516. 

35% Upfront Discount for qualified safety group new business

OUR SAFETY GROUPS

SAFETY GROUP 82 / The Apparel lndustry of NY State
35% Upfront Discount + 45% Back end Dividend Payouts continue

SAFETY GROUP 309 / Sanitation & Recycling Industries of NY State
35% Upfront Discount + 20% Back end Dividend Payouts continue

SAFETY GROUP 455 / Plumbing Industries of NY State
35% Upfront Discount + 20% Back end Dividend Payouts continue

SAFETY GROUP 489 / Electrical Industries of New York State
35% Upfront Discount + 20% Back end Dividend Payouts continue

SAFETY GROUP 588 / Motor Truck Association of NY State
35% Upfront Discount + 20% Back end Dividend Payouts continue

Keevily Team

Update: The NYSIF is extending this relief through September.

To help policyholders recover from the COVID-19 business shutdown, NYSIF is waiving interest on audit balances through August 31, 2021.

Waving interest over the next year is the next phase of NYSIF’s COVID-19 Financial Relief Program. While we resumed our routine billing and cancellation procedures with your September bill, our relief program has gone well beyond the industry standard that suppressed cancellations for 60 days.

Our temporary suspension of policy cancellations due to COVID-19 ended on August 31, 2020. But we are still urging policyholders who experienced any changes in payroll between mid-March and the end of August to let us know so we can adjust your premium accordingly. Please go to Get Policy Help at nysif.com to find the policy representative dedicated to working on your behalf.

If you experience ongoing financial difficulties, please reach out to us and together we’ll work on a plan to help you avoid cancellation.

Keevily Team

Up to $500 credit for PPE in your Workers Comp Premium

Get the Credit You Deserve!
As you continue to get back to business, the NYSIF is here to help you do it safely – and save you money along the way. Their Personal Protective Equipment (PPE) Premium Credit Program rewards customers like you with a one-time credit up to 5% of your annual premium (capped at $500) for the purchase of safety equipment and materials.

Please contact your Keevily representative to discuss your options. 

Click and find our contact information

For more information please watch the short video below

NYSIF Resumes Billing & Cancellations

New York State Insurance Fund (NYSIF) will be resuming routine billing and cancellation procedures with your September bill.  NYSIF’s COVID-19 Financial Relief Program provided policyholders assistance amid historically difficult business conditions. They went well beyond the industry standard of 60 days suppression of cancellations. Their relief program included the following: 

  • Suppressing policy cancellations from mid-March through August
  • Adjusting premium and payments schedules to reflect current business descriptions
  • Waiving all interest charges, installments fees and late fees for this period

 As businesses recover amid phased-in reopening of the NY economy, the temporary suspension of policy cancellation due to COVID-19 will end on August 31, 2020. If you have been making your normal payments, this will not affect you and you should continue to do so. On the September statement any unpaid amount due from your last statement, as well as any remaining audit balance, will appear on the back of your statement as “Deferred Premium.” This Deferred Premium will be payable in equal monthly installments over a 12-month period. Any other premium that does not qualify for this special arrangement will be payable according to the policy billing and endorsement. 

If you have not already done so, it is extremely important that you contact your Keevily representative to let us know whether you experienced any changes in payroll between mid-March and September, so that we can have the NYSIF adjust your premium accordingly.   

We hope the NYSIF’s relief program made a difference during this difficult time. If you continue to experience ongoing financial difficulties, please reach out to us and we will work together with the NYSIF on a plan to help you avoid cancellation and any lapse in coverage as your business continues to recovers. Please find our contact information by clicking here Contact List.

NYSIF AutoPay Available for Policyholders

The New York State Insurance Fund (NYSIF) has introduced AutoPay, which allows Workers’ Comp and disability benefits policyholders to sign up for automatic, recurring, monthly payments at nysif.com. AutoPay is simply the easiest and most convenient way to pay your NYSIF premium.


They heard from customers who asked for an automatic payment option and we are happy to bring you this new service, giving policyholders one less task to complete and one less due date to remember each month.
AutoPay offers multiple payment options: Policyholders can pay with a checking account, savings account, debit card or major credit card via our electronic payment vendor.


AutoPay requires a NYSIF online account. Creating an online account is fast and easy. Once you create your account and enroll in AutoPay, monthly, automatic payments will begin with your next billing statement. NYSIF will send you an email notification immediately after payment is confirmed and automatically before each scheduled payment. 


Please contact your Keevily representative to discuss your options. You can find our contact information by clicking here: Contact List.

Cyber Liability: Cyber Security for Small Businesses

High-profile cyber attacks on large companies have raised awareness of the growing threat of cyber crime. Recent surveys conducted by the Small Business Authority, Symantec, Kaspersky Lab and the National Cybersecurity Alliance suggest that many small business owners are still operating under a false sense of cyber security.

The statistics of these studies are grim; the vast majority of U.S. small businesses lack a formal internet security policy for employees, and only about half have even rudimentary cyber security measures in place. Furthermore, only about a quarter of small business owners have had an outside party test their computer systems to ensure they are hacker proof, and nearly 40% do not have their data backed up in more than one location.

Don’t Equate Small with Safe

Despite significant cyber security exposures, 85% of small business owners believe their company is safe from hackers, viruses, malware or a data breach. This disconnect is largely due to the widespread, albeit mistaken, belief that small businesses are unlikely targets for cyber attacks.

In reality, data thieves are simply looking for the path of least resistance. Symantec’s study found that 43% of attacks are against organizations with fewer than 250 employees.

Outside sources like hackers aren’t the only way your company can be attacked—often, smaller companies have a family-like atmosphere and put too much trust in their employees. This can lead to complacency, which is exactly what a disgruntled or recently fired employee needs to execute an attack on the business.

Attacks Could Destroy Your Business

As large companies continue to get serious about data security, small businesses are becoming increasingly attractive targets—and the results are often devastating for small business owners.

According to a recent study by the Ponemon Institute, the average annual cost of cyber attacks for small and medium-sized businesses is over $2 million. Most small businesses don’t have that kind of money lying around, and as a result, nearly 60% of small businesses victimized by a cyber attack close permanently within six months of the attack. Many of these businesses put off making necessary improvements to their cyber security protocols until it was too late because they feared the costs would be prohibitive.

10 Ways to Prevent Cyber Attacks

Even if you don’t currently have the resources to bring in an outside expert to test your computer systems and make security recommendations, there are simple, economical steps you can take to reduce your risk of falling victim to a costly cyber attack:

  1. Train employees in cyber security principles.
  2. Install, use and regularly update antivirus and antispyware software on every computer used in your business.
  3. Use a firewall for your internet connection.
  4. Download and install software updates for your operating systems and applications as they become available.
  5. Make backup copies of important business data and information.
  6. Control physical access to your computers and network components.
  7. Secure your Wi-Fi networks. If you have a Wi-Fi network for your workplace make sure it is secure and hidden.
  8. Require individual user accounts for each employee.
  9. Limit employee access to data and information, and limit authority to install software.
  10. Regularly change passwords.

In addition to the listed tips, the Federal Communications Commission (FCC) provides a tool for small businesses that can create and save a custom cyber security plan for your company, choosing from a menu of expert advice to address your specific business needs and concerns. It can be found at www.fcc.gov/cyberplanner.

Your Emerging Technology Partner

A data breach could cripple your small business, costing you thousands or millions of dollars in lost sales and/or damages. We have the tools necessary to ensure you have the proper coverage to protect your company against losses from cyber attacks. Contact an Acrisure Agency Partner for additional cyber risk management guidance and insurance solutions.

Contact Us