Kentucky Workers Compensation Rates are Declining by 10.8 % in 2019

The Business Community in Kentucky Will be benefiting from improved Workers Compensation Rates in 2019

In Kentucky, the business community will pay significantly less for Workers Compensation Premium next year. The rates will actually be 10.8 percent less in 2019. The decline in premium will apply predominantly to the industries of manufacturing, office, clerical, and contracting. These means some industries will see less of a decrease and some industries may see no decline at all.  No matter what industry a business operates in, the business community overall will benefit from better Kentucky Workers Compensation Rates 2019.

Kentucky Bluegrass on a Horse Farm.

Why are Kentucky Workers Compensation Rates Declining in 2019

There are a number of reasons why Kentucky Workers Compensation Rates in 2019 will be declining by more than 10 percent.  Some reasons contributing to the decline in premium throughout Kentucky is stability in written premium, lower combined ratios throughout the state, and lower loss-time claim frequency.  This means the number of businesses buying workers comp coverage is the same or increasing compared to the previous years. The experience modification ratings of the businesses operating in the state are lower. This low rating comes from businesses operating safely and filing less claims. The lower loss-time claim frequency means workers who have been injured have been able to get back on the job fairly quickly, lowering the amount the workers compensation system has had to pay out for claims.

Additionally, the strongest factor contributing to declining workers comp premium rates is House Bill 2.  According to the Department of Insurance Commissioner Nancy Atkin, “much of the decrease in costs to the passage of House Bill 2, which made significant reforms to the workers’ compensation system for the first time in over twenty years”. Many of the statutes in the previous workers compensation system were ruled unconstitutional by the state supreme court. These rulings brought about instability throughout the workers compensation market in the state. House Bill 2 stabilized that market.

Bourbon Barrels holding Kentucky Straight Bourbon Whiskey

Kentucky Workers Compensation System Over Haul

House Bill 2 passed in 2018.  This was the first attempt to make significant changes to the workers compensation system in the state of Kentucky in more than 20 years. Jeffrey Junkas, assistant vice president, state government relations for PCI said, “House Bill 2 is designed to help contain underlying costs and improve the state’s workers compensation system.  HB 2 makes changes impacting medical expenses and benefits. It also takes steps to address the opioid crisis with an evidence-based pharmaceutical formulary and medical treatment guidelines to ensure timely delivery of appropriate medical care to injured workers.”

In addition, the bill increases the maximum compensation rates for employee temporary total disability, permanent total disability, and permanent partial disability benefits. It improves access to vocational rehabilitation services, and makes improvements in the dispute resolution system. These changes will improve efficiency of the system and provide better services to both businesses and injured workers.

One big difference to the system that was brought on during the overhaul in 2018 was a 15-year benefit cap from the date of injury.  This cap would apply only to workers who meet certain conditions and are filing claims for permanent, partial disability because of on-the-job injuries. Many of these workers eventually return to the labor force and do not collect the full 15 years worth of benefits. Currently, they are entitled to medical benefits for the duration of the disability. This could be for the rest of their life in some situations. House Bill 2 does allow injured workers who meet these conditions to file for recertification. If they are approved the new system would allow them to continue receiving medical benefits.

Kentucky Fried Chicken

What Can Kentucky Business Owners do to Maximize Savings?

Depending upon the class code and the experience modification rating of an individual business the rating may be larger or smaller than the average decrease. There are a number of things a business can do to control what they pay for workers compensation insurance premium.

Safety Programs

Safety Programs are the single most effective way to limit what a business pays for commercial insurance. Separate from what it does for the businesses bottom-line, it is simply the right thing to do. Taking care of the health and well-being of your employees and customers should be at the heart of any businesses mission. Taking care of your staff will allow them to be more productive while also lowering the frequency and severity of insurance claims made by the business.

Light Duty Work

The best way to get employees back on the job and back to full-time work is to have light duty work prepared for those employees. Humans are creatures of habit and our work day routine is a big part of our most employees routine. The longer an injured worker stays off the job, the longer they have to create new habits away from the job. Having a plan for many types of light duty work in order to get injured workers back on the job and back in to their workday routine.

Classify Properly

In order to maximize savings when it comes to all forms of commercial insurance, it is important to first make sure all employees are classified properly. Many businesses have employees who partake in drastically different areas of the business. Some of those businesses have employees who work in office or clerical work, other employees who are salesman who spend a lot of time out at third party locations, and still other employees who work doing physical labor. All of these employees need to be placed in the proper classification code and their payroll needs to be strictly measured.

Shop Around Your Policy

In order to maximize savings, it is important to shop around your policy periodically. It is not a good idea to switch carriers each year based upon a small decline in premium. Long term relationships still do mean something when you have to file a claim.  At the same time, it is important to make sure your carrier is competitive with the market.

Use an Independent Agent

Shopping around your insurance policy can be a time consuming endeavor. If your time is valuable, partnering with an independent insurance agent can be a way to get multiple quotes from multiple carriers all in one place. Partnering with an independent agent can allow you to get back to running your business while the insurance agent shops your policy so you don’t have to.  This can maximize savings while getting your business more comprehensive coverage.

Help is on the way in Florida

Not much good news has come out of the state of Florida for the past month. If there ever was a state that needed some good news it is the state of Florida. Well yesterday the business community got some much needed relief in the form of an announcement by the National Council on Compensation Insurance (NCCI). The announcement recommends the Florida Office of Insurance Regulation (FLOIR) to decrease Florida Workers Compensation Insurance Premiums by 9.6%.

Florida Workers Compensation Insurance

A 9.6 % rate decrease has been proposed by NCCI for Florida Workers Compensation Insurance Premiums.

The rate decreases on Florida Workers Compensation Insurance will not be across the board. Some industries will see larger increase than others. According to FLOIR and first reported by the Insurance Journal rate level changes by industry group are as follows:

  • Manufacturing: -10.3 percent
  • Contracting: -6.9 percent
  • Office and Clerical: -11.3 percent
  • Goods and Services:-10.4 percent
  • Miscellaneous: -8.1 percent

This is good news for business owners in Florida because, the workers compensation system in Florida has been in flux for more than a year.  About a year ago NCCI recommended a 17.1 % increase on workers comp rates last August.  The amount of increase that eventually went through was 14.5 %. This increase was in response to three main issues.  Those issues were 2 court cases and a state senate bill (Castellanos vs. Next Door Company, Westphal v. City of St. Petersburg and Senate Bill 1402).  

Castellanos vs. Next Door Company was a court case that involved Marvin Castellanos who was an injured employee who sued Next Door Company. This court decision ruled invalid a previous court ruling from 2009 which put in place a mandatory attorney fee schedule.  The overturn of this ruling meant judges no longer have to stick to the mandatory fee schedule and now can award additional compensation for attorney’s fees.   Insurance carriers anticipated this to cause them to pay out more in the future and resulted in additional premiums.

Westphal v. City of St. Petersburg was a case that found  the 104-week statutory limitation on temporary total disability benefits to be unconstitutional.  The Florida Supreme Court reinstated a 260-week limitation.  This Increased the amount of time an injured employees will get partial salary benefits by an additional 156 weeks.  This additional 156 weeks of coverage caused the OIR to approve an average increase of 2.2 percent statewide.

Senate Bill 1402 caused the additional 1.8 percent increase on premium for workers’ compensation was related to updates within the Florida Workers’ Compensation HCPR Manual. This increase was approved as part of Senate Bill 1402.

The decrease proposed this week reflects frequency and experience data that pre-dates the Castellanos and Westphal decisions. Data regarding the impact of Castellanos and Westphal will continue to mature and will more than likely be reflected in future rate filings. For now Florida will experience a much needed decrease in workers compensation insurance premium.