ALL California employers must provide coverage for their California employees
Misclassification of Workers Comp Class Codes and Payroll Codes
One of the major problems facing Workers’ comp is misclassification of workers compensation class codes and payroll codes. It is estimated that almost “$22 billion of payroll is misclassified” every year. This hurdle is especially significant for those with businesses in California, where the misclassified payroll accounts for “one-third of the nationwide total”. This obviously has a huge impact on California businesses and influences how one might choose their insurance services provider. Therefore, if you are an employer, here are some things you should know:
First, the fact is, that in California 12% of payroll is misclassified. Some might argue that the high payroll misclassification is because the average incident rate in California is almost 50% higher than the national average. One man was just recently arrested “on nine felony counts of workers’ compensation insurance fraud and tax evasion” because he “underreported” payroll. But, this man’s story does not have to be yours, because one can navigate through the system even with the current road blocks in place.
Second, misclassification occurs most often when mistakes are made. Unfortunately, in the case of insurance a simple mistake can mean a costly and headache filled audit. For example, the largest industry affected with “$500 million of misclassification on the workers’ compensation premium” is the Construction industry. Therefore, a savvy workers’ compensation insurance broker who has insight and experience working with the construction industry can help an employee navigate the ins and outs of the system. In this way, your business stays in line with the rules by working through the restrictions and restraints, and this will make all the difference in the world to your bottom line cost.
While a jail sentence is obviously an extreme situation given when someone intentionally underreports payroll info, audits are much more of a common situation. Starting off on the right foot from the get go is one of the most important factors. You must make sure that you accurately project your payroll and classifications as best you can. The right broker can help with this while also finding the most affordable quote and remain the most cost efficient by avoiding expensive audits.
While the facts may be intimidating, they do not have to be. It is important for California Employers to be aware of this issue in order to find an insurance team who can help. As long as you remain aware of these difficulties, then you are on the right track to bettering your company!
Frequently Asked Questions about Business Insurance
Largely because of claims that occur, experience modifications, fraud and payroll amounts statewide
The Department of Insurance website, The WCIRB, The Insurance Journal and many other trusted sources
It’s a percentage that compares the payroll and loss history of your company to a similar-sized company within the same industry. For example, if a company has a better than average loss record, their experience modification would be less than 100%. If that is the case you would receive a credit on your Workers Comp rates. If that is not the case however it would result in the opposite, an increase in rates. The experience modification can be closely compared to an individual’s credit score.
It is illegal in the state of California to not carry it. There will be penalties, fines and many other consequences if a worker is injured and you do not carry it. Furthermore if there is a claim and you do not have California Workers Compensation Insurance at the time the employer is still liable for all costs relating to the injury which can be devastating to any company.
This is calculated based on your payroll, premium paid and by your reported losses for the last three consecutive years
The Department of Insurance regulates the laws and the State Senate makes them
It’s a component used determine the price an employer pays for their workers’ comp insurance premium. Classifications are established for each industry and typically include all jobs or operations within a particular business.