01. Reporting Of Statistics

Carriers or their authorized data providers may use any method they choose for the internal recording of statistical data submitted to the NYCIRB. This includes any type of format convenient to the carrier's statistical and accounting procedures and codes other than those set forth in the Plan, provided that the required data elements are submitted to the NYCIRB in accordance with the rules and timeframes specified in this Plan.

02. Preparation And Completion Of Unit Statistical Reports

Summarized exposure, premium and loss data for each workers compensation policy is required under Item 6 below. Electronic format is the exclusive means of submitting this data to NYCIRB. For information regarding electronic reporting, refer to the Workers Compensation Statistical Reporting Specifications (WCSTAT) in the WCIO Data Specifications Manual at www.wcio.org.

03. Submission Control Record

A submission of statistical data must be accompanied by a submission control record as specified in the WCIO Data Specifications Manual, General Section, at www.wcio.org.

04. Auditing Of Statistics Prior To Submission

The carrier must audit the statistics being reported prior to their submission to NYCIRB to detect any errors. Examples of such errors are: errors in the assignment of statistical codes; errors in the assignment of claims to policies and/or class codes; errors in dollar amounts being reported. If audited information is not available prior to the submission of statistics, the carrier must identify and report the estimated exposure and premium until the audited information becomes available.

05. Correction Of Errors

Carriers are expected to correct any and all errors found in their data. Errors impact the quality and accuracy of ratemaking and experience rating and must be corrected to prevent delays in releasing these products. Refer to Part V for detailed instructions.

06. Filing Requirements

Exposure, premium and loss data must be filed for every workers compensation and employers liability policy providing coverage in New York, including New York coverage on interstate policies and coverage provided under any voluntary compensation endorsement.

Statistical reports are also required for any policies with New York exposure that are written on an "If Any" basis and do not develop exposure, provided that the policy was not cancelled flat. Refer to Part III, Item 6.g.

If more than one risk is written on a single policy, as provided in either Section 32 of the Volunteer Firefighters' Benefit Law or Section 32 of the Volunteer Ambulance Workers' Law, separate statistical reports must be submitted for each risk included within the policy.

Statistical data is not required for the following types of policies:

  • Employers liability insurance on residence and farm employees in conjunction with other liability insurance

  • Workers compensation on domestics provided in conjunction with homeowners insurance

  • Policies providing coverage under the National Defense Projects Rating Plan or Nuclear Regulatory Commission projects (See Items 10 and 11, respectively)

  • Policies providing excess coverage other than excess medical

     

07. Multi - State Policies

Statistical reports must be filed for each state of a multi-state policy. A report must be filed for each state on a policy with estimated exposure, including those for which no exposure was developed.

Statistical reports for New York coverage on a multi-state policy must be filed with the NYCIRB and also with the National Council on Compensation Insurance (NCCI).

08. Uncollectible Premiums

  1. Audited Policies

    Report all earned premiums for those policies on which an audit has been conducted and the earned premium is known, even if the premium is uncollectible. Likewise, report the corresponding exposure and loss data.

  2. Policies on Which a Final Audit Is Not Possible

    Report the estimated earned premium and exposure corresponding to the term of coverage for those policies on which a final audit is not possible and the audited earned premium and exposure is not known. Likewise, report the loss data for the corresponding term of coverage.

09. Reinsurance

Statistics are to be reported only for direct business. Do not submit unit statistical reports for workers compensation assumed policies (e.g., exclude premiums received from, or losses paid to, other carriers on account of reinsurance assumed by the carrier). Do not submit unit report statistics for workers compensation ceded policies (e.g., reductions should not be made for premiums ceded to, or for losses recovered from, other carriers due to ceded reinsurance).

10. National Defense Projects

Premium and loss data for policies written under the National Defense Projects Rating Plan shall not be reported on unit statistical reports. Instead, "Exhibit I-Computation of Earned Premium", form NDPRP-I, must be filed with the NYCIRB at the same time this form is submitted to the insured in accordance with the rules of the National Defense Projects Rating Plan. Such filing shall include only New York experience and must not include experience of any other state which may be included on the policy. Refer to the "Forms" section on the NYCIRB website, www.nycirb.org, for a copy of form NDPRP-1.

11. Radiation Exposure - Nuclear Regulatory Commission Projects

Premiums and losses for policies covering Nuclear Regulatory Commission projects under the direction of any government agency must not be reported under this Plan.

12. Radiation Exposure - Other Than Nuclear Regulatory Commission Projects

Withdrawn as of RC 2443 Effective January 1, 2018.

13. Coverage For Other Than Payroll Based Exposures

  1. On Standard One-Year Workers Compensation Policies

    Premium and loss data must be submitted on unit statistical reports in accordance with Part III, Items 6.b. through 6.f. of this Plan.

  2. On Three-Year Workers Compensation Policies
    1. Three - Year Fixed Rate Policies

      For three-year fixed rate policies written in accordance with Rule XI of the New York Workers Compensation and Employers Liability Manual, report the premiums and loss data on these policies in accordance with Item 19 below.

    2. Other Three-Year Policies

      For three-year policies that are not fixed rate policies written in accordance with Rule III C.3 of the New York Workers Compensation and Employers Liability Manual, report the premiums and loss data in accordance with Item 18 below.
       
  3. Statutory Workers Compensation Coverage Afforded Under Personal Liability Policies

    (1) Experience to be Reported
     
    Whenever workers compensation and employers liability coverage for domestic workers is required by the New York Workers’ Compensation Law and afforded by endorsement under a personal liability policy, statistical reports must be filed in accordance with the preceding sections of this Plan. Premium and loss data must be reported only for workers compensation and related employers liability coverage and must not include any other liability coverage afforded under the personal liability policy.
    (2) Time of Reporting
     
    (a)

    If the personal liability policy is written for a three-year period, it shall be considered for reporting purposes as three consecutive annual policies having the same policy number, and three reports shall be filed at annual intervals.
       
    Example:

    Three-year personal liability policy effective 7/01/12
     
                   7/01/12 - 7/01/13 report due 3/01/14  
                   7/01/13 - 7/01/14 report due 3/01/15  
                   7/01/14 - 7/01/15 report due 3/01/16  
     
    (b)

    If the workers compensation and employers liability coverage is endorsed on an outstanding personal liability policy, the time for reporting experience for such coverage must be determined on the basis of the policy effective date, not the endorsement date.

        Example:
     
    Three-year personal liability policy effective 7/01/12; workers compensation and employers liability endorsed effective 4/01/14  
                   4/01/14 - 7/01/14 report due 3/01/15  
                  7/01/14 - 7/01/15 report due 3/01/16  

 

14. Excess Coverage For Medical Payments (Per Claim Or Per Accident Basis) - Ex-Medical Policies

  1. The experience under this coverage shall be reported in the same manner as the experience for the basic coverage provided by the policy. The instructions contained in this Plan are applicable to the reporting of such excess coverage. Ex-medical policies that are written to provide excess coverage for medical payments must be coded with the following Policy Type ID codes:
     

    Type of Coverage 09
    Type of Plan 01
    Type of Non-Standard Provisions 06

  2. Each loss incurred under such coverage shall be listed individually under the same claim identifiers (i.e. claim number, class code, type of injury, etc.) as assigned to the experience for the basic coverage.

     

15. Date Of Valuation And Filing

Losses included in the first reporting of a given policy must be valued as of 18 months after the month in which the policy became effective. Subsequent reporting of loss data (2nd-10th) must be valued 12 months after the valuation of the preceding report. Each report level must be filed with the NYCIRB no later than two months after the respective valuation date.
 

The table shown below displays the valuation and filing dates for all reportings:
  

Report Level Valuation Date Filing Due Date
 
1st   18th month   20th month  
2nd   30th month   32nd month  
3rd   42nd month   44th month  
4th   54th month   56th month  
5th   66th month   68th month  
6th   78th month   80th month  
7th   90th month   92nd month  
8th   102nd month   104th month  
9th   114th month   116th month  
10th   126th month   128th month  

 

Examples of Valuation and Filing Dates for First Reports
 

 

Effective Month
    Of the Policy    
Valuation Month
(18 Months after
policy effective month)
Reporting Month
(20 months after
policy effective date)
 
January
 
July
 
September
  February   August   October
  March   September   November
  April   October   December
  May   November   January
  June   December   February
  July   January   March
  August   February   April
  September   March   May
  October   April   June
  November   May   July
  December   June   August

 

 

16. Late Filing Penalties

Statistical reports received by NYCIRB later than the twenty-second month after the effective date of the policy will incur a late charge per unit report per month for each report that is overdue. The late charge also applies to all subsequent reports submitted more than four months past the required month of valuation.

 

17. Classification Code

Report the insured’s classification codes determined according to the rules of the New York Workers Compensation and Employers Liability Manual.

No claim may be assigned to any classification unless exposure has also been reported for that classification.

For losses, report the classification code under which the injured worker's payroll is assigned even if, at the time of the injury, the worker may have been involved in an activity that could be classified differently.

18. Multiple Year Policies Other Than Three - Year Fixed Rate

Multiple year policies other than three-year fixed rate must be considered as separate policies for reporting purposes, and reports for each unit of 12 months or less shall be filed at the time all other reports on policies with the same effective date are being filed. If, however, a policy is written for a period that is more than one year, but not more than one year and sixteen days, such policy must be treated as a one-year policy for reporting purposes. The reports for such policy must be filed at the time all other reports on policies with the same effective date are being filed. Losses must be valued 18 months after the effective date of each unit of experience, and at annual periods thereafter.
 

Examples:
 

  1. The statistical reports on a three-year policy effective July 1, 2012 must be filed at the same time as other reports on policies effective in July 2012, July 2013 and July 2014. Losses shall be valued January 1, 2014, January 1, 2015 and January 1, 2016, respectively.

  2. The statistical reports on a policy covering the period July 1, 2012 to January 1, 2015, with the first six months considered as a unit, must be filed with other reports on policies effective in July 2012, January 2013 and January 2014. Losses shall be valued January 1, 2014, July 2014 and July 1, 2015, respectively.

  3. The statistical reports on a policy covering the period July 1, 2012 to January 2015, with the last six months considered as a unit, must be filed with the other reports on policies effective in July 2012, July 2013 and July 2014. Losses shall be valued January 1, 2014, January 1, 2015 and January 1, 2016, respectively.

    Note:   A policy issued for a period not longer than one year and 16 days is treated as a one-year policy.
     
     

19. Three - Year Fixed Rate Policies

 

The complete three-year experience incurred under the policy must be reported as one complete policy.

  1. Date of Valuation and Filing

    Losses included in the reporting of a given policy must be valued as of 42 months after the inception month of the policy, and the statistical reports must be filed not later than 44 months after the effective month of the policy. These statistical reports must be specifically identified as three-year fixed rate policy experience by placing a "Y" in the Three-Year Fixed Rate indicator of the "Policy Conditions" field.

  2. Subsequent Reports

    Second and third statistical reports must be filed 12 and 24 months, respectively, after filing the original statistical report. Fourth and subsequent reports are not required for three-year fixed rate policies.

20. Whole Dollar Amounts Required

Report all dollar amounts in whole dollars only.

21. Application Of Manual Rules

  • Rules in this Plan apply separately to each unit statistical report, including any associated exposure and corresponding claims

  • The effective date of a rule, or a change in a rule, is the date approved for use by the New York Department of Financial Services

  • The application of payroll and losses used to calculate an employer's experience modification is in accordance with the New York Experience Rating Plan Manual

  • Classification code assignment and basis of premium are determined by the New York Workers Compensation and Employers Liability Manual