13.3 Premium Basis, Experience Modification, and Classification
Key Takeaways
- Workers' comp premium = (Payroll / 100) x rate per classification code, adjusted by the experience modification factor, then by schedule/expense modifiers.
- Payroll is the exposure base, counted PER $100 of remuneration and capped per executive officer; premium is auditable at year-end (estimated, then adjusted).
- Each job is assigned an NCCI four-digit class code with its own manual rate; the governing classification is the highest-payroll non-standard-exception code.
- The experience modification factor (EMR/mod) compares an employer's actual losses to expected losses for its class: 1.00 is average, below 1.00 is a credit, above 1.00 is a debit.
- An experience mod below 1.00 lowers premium (credit) and above 1.00 raises it (debit); frequency of claims affects the mod more than severity.
How Premium Is Built
Workers' comp is rated on payroll (remuneration), not on the number of employees. The base formula is:
Manual Premium = (Payroll / 100) × Rate
The rate is stated per $100 of payroll for each job classification. Total premium then flows through a chain of adjustments:
Premium = [(Payroll ÷ 100) × Rate] × Experience Mod × Schedule Mod × Discounts + Expense Constant
Payroll is an estimated, auditable exposure base. The policy is issued on an estimate, and at the end of the term the insurer conducts a premium audit of actual payroll, generating an additional or return premium.
Payroll Inclusions and Caps
Not all dollars count, and executive payroll is capped:
| Counted as Payroll | Excluded from Payroll |
|---|---|
| Wages, salaries, commissions | Tips reported to the IRS (often excluded) |
| Bonuses, holiday/vacation pay | Severance pay |
| Overtime at straight-time portion only | The premium (extra third) of overtime |
| Value of lodging/board in some states | Reimbursed business expenses |
Executive officers and partners are included subject to a statutory minimum and maximum weekly payroll, so a CEO earning $1,000,000 is counted only up to the state's officer maximum (e.g., capped near $2,600/week), not full salary.
Classification Codes
NCCI assigns every type of work a four-digit classification code, each with its own manual rate reflecting that job's hazard. A clerical office worker (Code 8810) is far cheaper than a roofer (Code 5551).
- A business is rated on the governing classification (the basic code with the largest payroll, excluding standard exceptions like clerical 8810, outside sales 8742, and drivers 7380).
- Standard exception codes are split out and rated separately because they apply across many industries.
Exam trap: Payroll, not headcount, is the exposure base. Two firms with the same number of workers pay very different premiums if their payroll and class codes differ.
The loss costs that underlie each class rate are developed by NCCI (or an independent state rating bureau such as California's WCIRB, New York's NYCIRB, or Pennsylvania's PCRB) from pooled statewide data, then loaded by each insurer for its own expenses and profit. A handful of states (the monopolistic states covered in 13.4) are not NCCI states at all and use their own fund's rates. When a single insured performs work that does not fit any listed class, the bureau assigns the most analogous code rather than inventing a new one, and misclassification discovered at audit is corrected retroactively to inception.
Worked Example: Manual Premium by Class
A contractor has two payroll buckets:
| Class | Code | Payroll | Rate / $100 | Premium |
|---|---|---|---|---|
| Roofing | 5551 | $400,000 | $18.00 | $72,000 |
| Clerical | 8810 | $100,000 | $0.30 | $300 |
- Roofing: ($400,000 ÷ 100) × $18.00 = $72,000.
- Clerical: ($100,000 ÷ 100) × $0.30 = $300.
- Total manual premium = $72,300 (before experience mod and other adjustments).
The Experience Modification Factor
The experience modification factor (the "mod" or EMR) compares an employer's actual losses to the expected losses for businesses of its size and class. It is the single biggest lever an employer controls.
Mod = Actual Losses ÷ Expected Losses (simplified)
| Mod Value | Meaning | Effect on Premium |
|---|---|---|
| = 1.00 | Average for the class | No change |
| < 1.00 | Better than average | Credit (premium reduced) |
| > 1.00 | Worse than average | Debit (premium increased) |
A mod of 0.85 cuts premium 15%; a mod of 1.20 adds 20%. Claim frequency (many small claims) drives the mod up more than severity (one big claim), because the formula discounts the excess portion of large losses to reward loss control over luck.
Worked Example: Applying the Mod
Using the $72,300 manual premium above, suppose the employer's experience mod is 0.90 (a 10% credit for good loss history):
- Modified premium = $72,300 × 0.90 = $65,070.
- If instead the mod were 1.25 (heavy claim frequency), premium = $72,300 × 1.25 = $90,375.
- The swing between the two mods is over $25,000 on identical payroll — illustrating why safety programs pay for themselves.
Premium Audit and Other Modifiers
After the experience mod, two more adjustments commonly appear:
- Premium discount — a volume credit that grows as premium size grows, reflecting fixed expenses spread over a larger premium.
- Schedule rating — debits or credits (often up to ±25%) the underwriter applies for risk features the class rate does not capture, such as superior machinery guarding or a poor housekeeping record.
At expiration, the premium audit trues up estimated payroll to actual. If the employer underestimated payroll, an additional premium is billed; if it overestimated, a return premium is owed. An expense constant (a flat dollar charge) is added to every policy to cover issuance costs.
Quick Answer: The order is manual premium → experience mod → schedule mod → premium discount → expense constant, then audited to actual payroll at year-end.
A clerical class (Code 8810) carries a rate of $0.35 per $100 of payroll. The employer's clerical payroll is $250,000. What is the manual premium for this class before any experience modification?
Two contractors are identical except that Contractor A has an experience mod of 0.80 and Contractor B has a mod of 1.30. Which statement is correct?