Does Your Workers' Compensation Company Owe You A Misclassification Refund?

What Every Employer MUST Know About WorkersProvide a step-by-step description of the
Compensation Insurance. Part 3 of the 6 part series.manufacturing process.
A "How to" GuideDoes the risk provide contract paper services such as
My previous article dealt with the alarming fact that aslitting, sheeting, winding, finishing, laminating, etc.? If yes,
large number of organizations have had theirprovide a detailed description of these services. List all
employees improperly classified for purposes ofequipment used in the risk's manufacturing and/or
workers compensation insurance (Workers Compprocessing operations.
Misclassifications Can Cost Employers a Fortune). TheAs you can see, these are not for the most part "yes"
consequence of misclassification could mean that aor "no" questions and can take quite a bit of time to
business unknowingly paid far more in workersanswer.
compensation premiums than they should have. JustWhere do I submit the results?
think if you found out that your company overpaid andAfter gathering all your information, you are now ready
could be entitled to a refund? How could use thisto send it to the PCRB. Neither you nor your insurance
"found money"? This article will serve as a "How To"company can just change your code. Your code
guide to see if your company has overpaid andchange request must be approved and processed by
deserves a refund due to employee misclassification.the PCRB. There are very specific procedures that
How you ultimately spend the money is up to you!must be followed and are available on the PCRB
What information is necessary?website.
The first thing you need to do in order to conduct yourTo go back to our paper products manufacturing
self audit is to gather lots of documentation. You willexample, let's assume the PCRB determines your
need your workers compensation declarations pages,company should actually be classified as a distributor.
audit statements, experience rating worksheets, meritWe'll also assume that the distributor class is less
rating worksheets, loss runs, and running totals ofexpensive. You can then begin to calculate (using all
premiums paid and attributable to workers compyour assembled worksheets) the amount of your
premiums. Unfortunately, you will need this informationrefund. Your insurance company will probably be willing
for each policy year being audited. I would recommendto help you do these calculations but I would double
auditing at least the previous 5 years worth of data. Ifcheck them anyway. You will also need to determine
you find a smoking gun in any of those 5 years, youthe number of years your company has been
may wish to audit prior years as well. One error canmisclassified. Obviously, if you changed from a
indicate past inaccuracies and can compound themanufacturer to a distributor 10 years ago, your refund
effect of future mistakes.could be substantial.
How do I know if my classification code is right?So why aren't more organizations doing this?
Once you have collected all this information, your workThat's a very good question! For one thing, even
really begins. What you must determine is whether orthough a company could get a substantial refund, it can
not your organization was properly categorized basedbe a big project to handle internally. There is also no
upon what it actually did during each policy period inguarantee that any refund is due. Another reason is
question. To make that determination easier (inbecause many organizations just assume that all of
Pennsylvania), the Pennsylvania Compensation Ratingtheir information is correct.
Bureau (PCRB) has published a set of StandardHow can I learn more?
Survey Instructions on its website ( This 85 pageIf you would like more information on how to determine
survey begins with some general questions about yourwhether your organization has been misclassified you
organization and then moves into specifics regardingcan contact me using my information listed below. Our
your particular industry. For instance, if you arecompany is fully equipped to help you perform your
questioning whether your business is properly classifiedown audit or you can outsource the entire project to
as a Paper Products Manufacturer, the following is aus.
list of the industry specific questions you would needAre there any other places my insurance provider
to answer:may have miscalculated?
List, and provide percentages for, the raw materialsAbsolutely! That is why my next article will deal with
and finished products.how to ensure your experience mod is correct. An
Does the risk manufacture paper/operate a paperincorrect mod can cost you a bundle as well.
mill?