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    • NEW YORK MANUAL FOR WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE - PART ONE - RULE VI:
      O. PREMIUM ALGORITHM

      The following algorithm provides an outline of the sequence and calculation procedures for determining New York workers’ compensation policy premiums.

      Sequence of Presentation & / or Calculation

      Statistical Codes

      Premium Element Name

      Calculation Procedure

      1 Various Classification N/A
      2 N/A Exposure N/A
      3 N/A Classification Rate From carrier’s rate manual.
      4 None USL & HW Percentage for
      Non-F Classes
      USL & HW percentage x Non-F class rate.
      5 None Deviation Method 1
      (Percentage of rate)
      Rate x deviation percentage = carrier rate; not applicable as of October 1, 2008.
      6 9126
      9127
      9128
      Construction Class Territory Differential Premium Construction class manual premium for commercial work x territory differential in NY WC&EL Manual.
        MANUAL PREMIUM Exposure X Rate / 100 + Line 6
      7 0994
      0998
      Outstanding Rate Decrease/Increase Manual Premium for all classifications x Outstanding Rate Change Factor.
      8 9803 thru 9816, 9837 Employers’ Liability Increased Limits Charge, with Workers’ Compensation Manual Premium for Non-Subject Employees x Increased Limits Factor.
      9 9823 thru 9836 Employers’ Liability Increased Limits Charge, without Workers’ Compensation Manual Premium for the policy x Increased Limits Factor.
      10 9817 thru 9822, 9840 Employers’ Liability Increased Limits Charge – Admiralty or FELA Coverage Manual Premium for employees subject to Admiralty Law/FELA x Increased Limits Factor.
      11 9848 Employer Liability Minimum Premium Charge Minimum Premium less Increased Limits Premium if applicable.
      12 9850 Extension of Employers’ Liability Coverage to Additional Interests – Volunteer Firefighters’ Benefit Law policy 10% of the manual premium of Code 7711 – Volunteer Firefighters.
      13 9851 Extension of Employers’ Liability Coverage to Additional Interests – Volunteer Ambulance Workers’ Benefit Law policy 10% of the manual premium of Code 7370–Volunteer Ambulance Workers’. 
      14 0930 Waiver of Subrogation Premium Percentage of the manual premium subject to a minimum charge of $250 per policy.
      15 9664 Deductible Premium Credit
      (Prior to Experience Rating)
      Manual Premium for all classifications (including Outstanding Rate Change) x deductible credit factor for the NYCIRB’s small deductible program; as per carrier filing for large deductibles.
      16 9037
      9039
      Deviation Method 2
      (Before Experience Modification)
      (Manual Premium for all classifications and statistical codes subject to experience rating) x deviation factor; not applicable as of October 1, 2008.
      17 9841 Drug-Free Workplace Credit As per carrier filing
      (Subject to Experience Rating).
      18 9606 Repatriation Expense Premium Flat charge as per Rule VII (D)(4) of the NY WC&EL Manual.
        TOTAL SUBJECT PREMIUM Sum of Manual Premium for all classifications + lines 7 thru 18
      19 None Experience Modification As per Experience Rating Plan; Promulgated by NYCIRB for intra-state risks; by NCCI for inter-state risks.
        TOTAL MODIFIED PREMIUM Total Subject Premium x Experience Modification
      20 9884
      9885
      9886
      9896
      Merit Rating Adjustment Total Subject Premium x Merit Rating Factor; Factor calculated by NYCIRB.
      21 9046 New York Construction Classification Premium Adjustment Program (NYCCPAP) Total Modified Premium x NYCCPAP Factor; Factor calculated by NYCIRB
      22 9846 Drug-Free Workplace Credit As per carrier filing
      (not Subject to Experience Rating).
      23 9874 Managed Care/PPO Premium Credit As per carrier filing.
      24 9747 Compulsory Workplace Safety Program Surcharge Total Modified Premium per Rule VI (N)(2) of the NY WC&EL Manual x Workplace Safety Surcharge Factor.
      25 Various Non-ratable elements Remuneration x Applicable Rate / 100.
      26 9985 Radiation Exposure NOC Supplemental rate x Remuneration for operations subject to radiation exposure / 100.
      27 9663 Deductible Premium Credit
      (After Experience Modification)
      As per carrier filing with the New York State Department of Financial Services.
      28 0931 Short Rate Cancelation Penalty As per Rule IX (C) of the NY WC&EL Manual.
      29 0990 Minimum Premium Balance Amount Amount required to balance to risk minimum premium
      30 9849 Employers’ Liability Increased Limits Minimum Premium –
      Admiralty or FELA Coverage
      Minimum Premium less increased Limits Premium if applicable.
      31 9034
      9036
      Rate Deviation – Method 3
      (After Experience Modification)
      (Modified Premium plus statistical codes not subject to experience rating) x deviation factor; not applicable as of October 1, 2008.
      32   Reserved for future use  
      33 9753 WSLPIP Drug & Alcohol Prevention Program Credit Total modified premium per Rule VI (N)(3)(b). of the NY WC&EL Manual x Drug & Alcohol Prevention Credit Factor.
      34 9743 WSLPIP Return-To-Work Program Premium Credit Total modified premium per Rule VI (N)(3)(c). of the NY WC&EL Manual x Return-To-Work Credit Factor.
      35 9748 WSLPIP Safety Incentive Program Premium Credit Total modified premium per Rule VI (N)(3)(a). of the NY WC&EL Manual x Safety Incentive Credit Factor.
      36 9651 Safe Patient Handling Act Program Premium Credit (NYSPHAP) Total modified premium x SPHA Credit Factor as per Rule VI (N)(4) of the NY WC&EL Manual.
      37 9887
      9889
      New York Schedule Rating Plan (Modified Premium plus statistical codes not subject to experience rating) x (1-SR Credit %) or (1+SR Debit %).
        NONE TOTAL STANDARD PREMIUM Total Modified Premium + all premium from classifications and statistical codes not subject to experience rating (items 20 thru 37)
      38 0063
      0064
      Premium Discount Tabular or formula value as specified by the carrier; not applicable in conjunction with retrospective rating.
      39 0900 Expense Constant A fixed dollar amount per policy as specified by the carrier.
      40 9740 Terrorism Rate per $100 of total policy remuneration; % of class premium for non-remuneration classes.
      41 9741 Natural Disasters and Catastrophic Industrial Accidents Rate per $100 of total policy remuneration; % of class premium for non-remuneration classes.
        NONE TOTAL ESTIMATED ANNUAL PREMIUM Premium combining all applicable elements above
      42 0932 New York State Assessment A percentage of Standard Premium as defined in Rule VIII (L)(3) of the NY WC&EL Manual.
      43 NONE Total Estimated Premium and Assessment Total Estimated Annual Premium + NY State Assessment Charge
      44 9749 New York Workers’ Compensation Security Fund A percentage of the Total Estimated Annual Premium.
      45 NONE TOTAL ESTIMATED POLICY COST Total Estimated Annual Premium + NY State Assessment Charge + NY WC Security Fund Charge

       

      PREMIUM ELEMENT DEFINITIONS
      Sequence of Presentation & / or Calculation Premium Element Name Premium Element Definition
      1 Classification Employer Business Classification.
      2 Exposure Estimated or audited exposures generally remunerations.
      3 Classification Rate Charge per unit of exposure.
      4 USL & HW Percentage for Non-F Classes Charge applicable to Non-F class rate to include USL & HW Act coverage.
      5 Deviation Method 1 (Percentage of rate) Specific percentage of the rate as per carrier filing with the New York State Department of Financial Services; not applicable as of 10/1/08.
      6 Construction Class Territory Differential Premium Adjusts commercial construction manual premium for payroll limitation.
        MANUAL PREMIUM  
      7 Outstanding Rate Decrease/Increase A flat percentage adjustment to the manual premium earned on or after a specified date to reflect law changes regarding workers’ compensation benefits
      8 Employers’ Liability Increased Limits Charge, with Workers’ Compensation Part Two coverage premium for selecting higher coverage limits for employees not subject to the New York Workers’ Compensation Law.
      9 Employers’ Liability Increased Limits Charge, without Workers’ Compensation Premium for selecting higher coverage limits for employers’ liability policies written without workers’ compensation.
      10 Employers’ Liability Increased Limits Charge – Admiralty of FELA Coverage Part Two coverage, premium for selecting higher coverage limits for employees subject to Admiralty Law or the Federal Employers’ Liability Act.
      11 Employers’ Liability Minimum Premium Charge Additional premium to balance to minimum charge for Part Two increased limits.
      12 Extension of Employers’ Liability Coverage to Additional Interests – Volunteer Firefighters’ Benefit Law policy Provides Part Two coverage to volunteer fire departments/companies and their fire chiefs, fire commissioners, and board of trustees.
      13 Extension of Employers’ Liability Coverage to Additional Interests – Volunteer Ambulance Workers’ Benefit Law policy Provides Part Two coverage to volunteer ambulance companies and their officers and board of trustees.
      14 Waiver of Subrogation Premium Premium for the carrier waiving its right to recover payments from entities if they are liable for injuries covered by the policy.
      15 Deductible Premium Credit
      (Prior to Experience Rating)
      Apply at carrier/employer option.
      16 Deductible Method 2
      (Before Experience Modification)
      Specified percentage premium adjustment per carrier filing with the New York State Department of Financial Services; not applicable as of 10/1/08.
      17 Drug-Free Workplace Credit Premium credit in conjunction with independently filed carrier drug-free workplace programs.
      18 Repatriation Expense Premium Premium charge for repatriation expense in conjunction with the “New York Foreign Voluntary Coverage Endorsement” (WC 31 06 17 B).
        TOTAL SUBJECT PREMIUM  
      19 Experience Modification Increases or decreases premium based on employer’s prior loss experience.
        TOTAL MODIFIED PREMIUM  
      20 Merit Rating Adjustment Non-rated employer program. Premium adjustment based on number of claims.
      21 New York Construction Classification Premium Adjustment Program (NYCCPAP) A factor that reduces the total modified premium – based on employer’s average wages for contracting classifications.
      22 Drug-Free Workplace Credit Premium credit in conjunction with independently filed carrier drug-free workplace programs.
      23 Managed Care/PPO Premium Credit Premium credit in conjunction with independently filed carrier Managed Care or PPO programs.
      24 Compulsory Workplace Safety and Loss Consultation Program Surcharge Employers failing to initiate a Compulsory Safety Consultation or implement the recommendations of a certified loss consultant are charged 5% for each year of non-compliance.
      25 Non-ratable elements Certain classifications have a catastrophe load that is not subject to experience rating.  This premium is reported under separate statistical codes.
      26 Radiation Exposure NOC Premium for operations involving research, manufacture, handling, transportation, use of or exposure to radioactive materials not performed for or under the direction of the Nuclear Regulatory Commission or any governmental agency.
      27 Deductible Premium Credit
      (After Experience Modification)
      Premium credit for employer election to reimburse carrier for losses below specified limit.
      28 Short Rate Cancelation Penalty Penalty charge employer for canceling policy before expiration date.
      29 Minimum Premium Balance Amount Additional premium to balance to minimum.
      30 Employers’ Liability Increased Limits Minimum Premium – Admiralty or FELA Coverage Additional premium to balance to minimum charge for Part Two – increased limits.
      31 Rate Deviation – Method 3
      (After Experience Modification)
      Specified percentage premium adjustment per carrier filing with the New York State Department of Financial Services; not applicable as of 10/1/08.
      32 Reserved for future use  
      33 Drug & Alcohol Prevention Program Premium Credit Eligible employers who implement an approved WSLPIP drug and alcohol prevention program can received authorized premium credits.
      34 WSLPIP Return-To-Work Program Premium Credit Eligible employers who implement an approved WSLPIP return-to-work program can receive authorized premium credits.
      35 WSLPIP Safety Incentive Program Premium Credit WSLPIP Eligible employers who implement an approved WSLPIP safety incentive program can receive authorized premium credits.
      36 Safe Patient Handling Act Program Premium Credit (NYSPHAP) Total modified premium x SPHA Credit Factor as per Rule VI (N)(4) of the NY WC&EL Manual.
      37 New York Schedule Rating Plan Premium credits or debits to reflect characteristics of a risk that are not reflected in its experience.
        TOTAL STANDARD PREMIUM  
      38 Premium Discount Premium adjustment to expense provisions based on size of standard premium.
      39 Expense Constant Premium charge which covers expense such as policy issuing, recording and auditing.
      40 Terrorism Premium for losses due to certified acts of terrorism.
      41 Natural Disasters and Catastrophic Industrial Accidents Premium for losses due to natural disasters and catastrophic accidents.
        TOTAL ESTIMATED ANNUAL PREMIUM Information Page Value
      42 New York State Assessment A charge to fund the administration of the New York State Workers’ Compensation Board and Special Funds.
      43 Total Estimated Premium and Assessment Total Estimated Annual Premium + NY State Assessment Charge.
      44 New York Workers’ Compensation Security Fund When applicable a charge to fund deficiencies in the New York Workers’ Compensation Security Fund.
      45 TOTAL ESTIMATED POLICY COST Information Page Value
    • NEW YORK MANUAL FOR WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE - PART TWO - CLASSIFICATION CODE INTERPRETATIONS
      Messenger Service Companies – Delivering Mail, Parcels or Packages – All Employees & Drivers
      Notes:

      Applies to employers engaged in local delivery of envelopes, parcels or packages by vehicle and/or bicycle. Parcels or packages must be limited to 100 pounds or less.

      Description:

      Code 7231 applies to employers engaged in delivery of envelopes, parcels or packages by vehicle and/or bicycle when none of the packages exceed 100 pounds in weight.  Envelopes can be individually delivered to each addressee, bundled in sacks, pouches or open plastic mail carrying baskets. 

      The operations consist of picking up items at the customer’s location for immediate delivery to the recipient as well as picking up at the customer’s or other sites and sorting by destination for delivery along local routes. 

      Most packages or parcels delivered by employers subject to this classification weigh 5 pounds or less, seldom reach 20 pounds and only rarely approach the 100-pound limit.

      This classification is not to be used in any case where the employer owns the items being delivered.

      Assignment by Analogies:
      Operations To Be Separately Rated:
      1. Foot delivery of envelopes, parcels or packages.  Refer to Code 8742 “Salespersons, Collectors or Messengers – Outside.”

      2.  Delivery of merchandise exclusively for retail stores to their customers’ homes, regardless of the weight of individual packages.  Refer to Code 7197 “Trucking – Parcels or Packages – Home Delivery From Retail Stores & Drivers.”

      3. Messengers who deliver their own goods.  Refer to Code 7380 “Drivers, Chauffeurs and Their Helpers.”

      4. Messenger service companies delivering packages or parcels that weigh more than 100 pounds. Delivery service companies under contract with fulfillment centers that deliver parcels and/or packages to their customers’ designated location regardless of parcel or package size. Refer to Code 7219 “Trucking – NOC – All Employees & Drivers.”

    • NEW YORK MANUAL FOR WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE - PART TWO - CLASSIFICATION CODE INTERPRETATIONS
      Trucking – NOC – All Employees & Drivers
      Notes:

      It should be noted that there is an important distinction between Code 7219 and Code 7380 “Drivers, Chauffeurs, Messengers, and Their Helpers – NOC—Commercial.”  While both apply only if they are “Not Otherwise Classified,” Code 7219 applies to the transportation of goods not owned by the employer, whereas Code 7380 applies to the driving of vehicles and/or the transportation of goods owned by the employer. 

      Description:

      Code 7219 applies to employers engaged in delivering general merchandise or other products owned by others such as fuel, oil or milk.  The employer may be under contract with other businesses to pick up their goods and deliver them to the location designated by their customers or the employer may be available for immediate hire.

      Drivers and their helpers drive to designated areas to pick up and load the merchandise on their truck.  The distance of destination varies depending on pick up sites and destination sites.  Once the merchandise is on the truck, the driver will deliver the merchandise to the location designated by the customer.  Merchandise is removed from the truck by the driver and/or helper or it may be removed by others not employed by the employer at the delivery site.  This classification also includes trucking of explosives or ammunition.

      Messenger service companies that are engaged in local delivery of any parcels or packages that weigh over 100 pounds are subject to this classification.

      Delivery service companies under contract with fulfillment centers that deliver parcels and/or packages to their customers’ designated location regardless of parcel or package size are subject to this classification.

      Assignment by Analogies:
      • Dynamite, explosives, smokeless powder dealer
      • Hauling logs or lumber by a specialist contractor
      • Mobile advertising displays
      • Rigging by trucking firms – incidental work
      • Snow hauling only – under contract
      • Towing service – principally to locations other than the owner’s repair facility
      • Transporting:
        • Automobiles by carrier truck or trailer
        • Boats
        • Horses
      • Tree hauling by a specialist contractor
      • Truck rental – with drivers
      Operations To Be Separately Rated:
      1. Delivery of envelopes, parcels or packages by foot.  Refer to Code 8742 “Salespersons, Collectors or Messengers – Outside.”

      2. Messenger service companies - local delivery of envelopes, parcels or packages (must not exceed 100 lbs.) by bicycle or vehicle.  Refer to Code 7231 “Messenger Service Companies – Delivering Mail, Parcels or Packages – All Employees & Drivers.”

      3. Parcel package delivery from retail stores to customers’ homes.  Refer to Code 7197 “Trucking – Parcels or Packages – Home Delivery From Retail Stores & Drivers.”

      4. Storage of general merchandise belonging to others.  Refer to Code 8292 "Storage Warehouse - NOC."

    • NEW YORK MANUAL FOR WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE - PART TWO - CLASSIFICATION CODE INTERPRETATIONS
      Trucking – Parcels or Packages – Home Delivery From Retail Stores & Drivers
      Notes:

      Includes miscellaneous employees such as terminal employees and garage employees.

      Description:

      Code 7197 applies to employers engaged in delivering parcels or packages for retail stores to residences of the retail store customers.  Parcels and packages may vary in size.  This classification does not apply to any drivers that are directly employed by the retail store.  This classification also applies to outside trucking firms engaged in providing delivery service for retail stores.

      Assignment by Analogies:

      • Baggage delivery
      • Furniture delivery by trucking firms – from retail stores to customers’ homes

       

      Operations To Be Separately Rated:
      1. Furniture moving or storage.  Refer to Code 8293 “Furniture Moving and/or Storage & Drivers.”

      2. Messenger service companies who locally deliver mail, parcels or packages by vehicle or bicycle.  Refer to Code 7231 “Messenger Service Companies – Delivering Mail, Parcels or Packages – All Employees & Drivers.”

      3. Trucking general merchandise belonging to others.  Delivery service companies under contract with fulfillment centers that deliver parcels and/or packages to their customers’ designated location regardless of parcel or package size. Refer to Code 7219 “Trucking – NOC – All Employees & Drivers.”

Current and Archived Manuals
What is the Digital Library?
The Digital Library is a feature enhanced, database driven version of our Workers' Compensation Manuals, Plans and References. The conversion from text publications to database driven web applications is intended to benefit our Users, Members and Subscribers with faster, easier and more accurate information regarding the New York Workers Compensation rules, procedures and protocols. All of the information in prior PDF publications has been captured and retained; and in most cases this information has been enhanced either aesthetically and/or functionally.

What's New?
Noted changes to past procedures would include changing the page reference identification system from "page based" (e.g., R-1, R-50, R-70) to "paragraph based" (e.g., Rule 3 - Paragraph D). A new Revision History feature has been adapted in support of this new reference system. For instance, each Paragraph of each Rule now contains a complete history of revisions for that specific Paragraph while also retaining an archived history of prior versions of that Paragraph dating back to the Original Printing of the Manual. A listing of the latest revisions are available for the entire Manual by selecting the History icon at the top of the users screen.