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Enhancing Employer Compliance: Strategies and Insights for Workers' Compensation Regulations

This document outlines comprehensive strategies for ensuring employer compliance with workers' compensation policies. It highlights the importance of timely proof of coverage submissions by carriers and discusses the consequences for employers with non-matching WC policies, such as penalties and legal actions. The text emphasizes educational initiatives, performance standards, and collaboration with state agencies to improve adherence to regulations while reducing unnecessary burdens on employers. A special focus is placed on the Independent Livery Driver Benefit Fund and its implications for NYC livery drivers.

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Enhancing Employer Compliance: Strategies and Insights for Workers' Compensation Regulations

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  1. Employer Compliance102

  2. Mission • Get the “right” Policy • Pay uninsured injured workers

  3. Compliance Education Field Investigations Section 57 IC-2

  4. IC-2 IC-2 DOL Carriers Employers Policies Employers that don’t match a WC Policy are processed further Employers are matched with a WC Policy Inquiry Letter is sent §52-5 Penalty is assessed Referral is made to Collection Agency Judgment is filed

  5. Judgments Filed 52.51999 - 2009

  6. 26-a Judgments Filed

  7. Criminal Prosecutions Pursuantto Section 521998 - 2009

  8. UEF Receipts1998 - 2009

  9. UEF Receipts less Disbursements1998 - 2009

  10. Dependencies Employer Files Carrier Files DOL Carriers IC-2 Uninsured Employers

  11. IC-2 Dependent on Carrier Filing • Proof Of Coverage information was not being timely submitted by carriers. • Penalizing employers who are properly insured • Creates unnecessary work for the employer, the carrier and the WCB. Carriers Policies

  12. POC Penalty • We educated, created reports, published their timely filed percentage on the web - no change in carrier behavior • POC penalty starts 3rd quarter 2009 • Attention received! • Created Performance Standard 85% • Created a POC Working Team

  13. Independent Livery Driver Benefit Fund • Eliminated Independent Contractor argument for livery drivers • All bases in NYC, Nassau, Westchester must be members of ILDBF or have a full policy • Pays benefits to livery drivers while providing covered services for death, serious injury and injuries resulting from a crime

  14. Second Leg-Field Investigation Compliance Education Section 57 Field Investigations IC-2

  15. Stop Work Orders 7/07 – 12/07 1/08 - 12/08 1/09 – 12/09 1/10 – 8/10

  16. Third Leg-Section 57 Compliance Education Section 57 Field Investigations IC-2

  17. Fourth Leg-Education Compliance Education Section 57 Field Investigations IC-2

  18. Compliance Rate

  19. Section 50 Violations2000 - 2010 * Projected

  20. 2009 Uninsured Claims by Business Type

  21. Procedural Penalties • Procedural penalty billing system integrated into FMIS in October 2008. Seamless transfer of penalties from CIS and HPA into FMIS. • Quarterly billing statements are now issued to Carriers/Self-Insureds/TPAs/Attorneys • Receipts increased due to billing statements: • FY 07-08 $1.2 million • FY 08-09 $3.0 million • FY 09-10 $4.9 million

  22. Procedural Penalties • Procedural Penalty Performance Improvement team • Who gets the penalty • Who gives the penalty

  23. Thank you Compliance Staff!

  24. 2nd Annual Best Friend of Compliance Award

  25. IMS IC2 Team

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