NYS 2023 Workers’ Compensation Updates

Brett Findlay, Vice President, Business Risk Specialist, OneGroup

In this article, we’ll give a brief update on the significant changes to New York State Workers’ Compensation in 2023. None are as big as the 2022 change to the experience modification rating formula (or EMR), the effects of which some policyholders with effective dates prior to October 1, 2023, have yet to see .

Yet again, an aggregate rate decrease is on the horizon, minor increases to both the maximum weekly payroll limitation cap and maximum weekly workers’ compensation benefit are now in effect, and the New York State Assessment dropped in January. Also, the impacts on individual workers’ compensation policies from the changes to the experience rating (EMR) formula have come to fruition.

On May 15, 2023, the New York Compensation Insurance Rating Board filed its annual loss cost indication with the New York State Department of Financial Services. An approved and published filing for the expected decrease of 2.6% of the overall loss cost level was confirmed and announced Aug. 1, 2023. The change in rates is effective on policies renewing on or after Oct. 1, 2023. This is the eighth consecutive year with an overall workers’ compensation rate decrease in New York state.

The impact of the loss costs, or rates, will vary depending on each individual classification code. For an understanding of the potential impact on your business, please reach out to OneGroup; you’ll find our contact information below.

Again, it is important to note that these rate changes will not go into effect on any individual policy until Oct. 1. If your effective date is before that date, you will have to wait until your policy renewal before any potential rate changes apply. Regardless of when your effective date is, you should know the exact rate changes to your classifications sooner rather than later. It’s important to not only forecast the future costs of your program, but also to develop a plan for your upcoming renewal.

Also, the maximum weekly payroll limitation/cap for eligible classifications has risen. Effective July 1, 2023, the new cap is $1,718.15. This is a 2% increase from last years’ cap of $1,688.19 and a 7% increase from 2021 cap of $1,594.57. This will have an impact on the cost associated with eligible employers’ workers’ compensation premiums. Furthermore, the maximum weekly workers’ compensation benefit rose from $1,125.47 to $1,145.43 effective July 1, 2023.

In January, the New York State Assessment saw another decrease. This year the assessment dropped to 9.8% from 10.2% in 2022 and even more so from 11.8% in 2021. Overall, there’s been a 17% decrease in the aggregate cost to policyholders since 2021.

As far as the new formula to determine Experience Modification Ratings, or EMR’s, those changes went into effect on Oct. 1, 2022. The formula is significantly different than in years past. OneGroup has been monitoring the impact on policyholders, hosted multiple educational seminars and developed materials to explain the changes in detail. The formula changes significantly impacted many businesses, both positively and negatively. For more information on how you have been or will be affected, please do not hesitate to contact us directly.

Finally, you may ask what any of this means for your organization? For any individual questions and/or concerns, please do not hesitate to contact Brett Findlay, Vice President of Business & Construction Risk. We are a team of specialists, dedicated to risk management and construction industry-specific insurance issues. We hope to serve as a resource to your organization for all your construction specific questions and concerns. OneGroup takes great pride in being at the forefront of industry trends and assisting others where we can.

You can find out more about us here: www.OneGroup.com or more specifically, http://www.OneGroup.com/business insurance/uniqueindustry-solutions/construction-industry/.

Please feel free to call me directly at (315) 280-6376 or email me at BFindlay@OneGroup.com for any further clarification.