Workers’ Compensation Misclassification

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Presentation transcript:

Workers’ Compensation Misclassification Laborers’ International Union of North America Construction Department

Missouri Contractors’ Credit Premium Adjustment Program (Construction only)

Illinois Workers’ Compensation Statistics 7th highest in wages 23rd highest in premium rates 37th highest in injury rates Source: 2004 Annual Report

The Labor Ready Story Information was obtained from the monopolistic States of Ohio West Virginia Washington

Ohio Labor Ready construction workforce misclassified as: Retail store employees: 10.2% Clerical office employees: 8.8%

Washington Labor Ready construction workforce misclassified as: Office services employees: 47%

West Virginia Labor Ready construction workforce misclassified as: Miscellaneous repair and maintenance (includes piano tuning, taxidermists, chain saw repair, lawn mower repair, firearm repair)

West Virginia Piano Tuners or Construction Workers Larry Richards dispatched by Labor Ready to 126 construction/landscaping projects 99 times classified as a taxidermist/ piano tuner at $1.11 per $100 of payroll Construction trades workers’ compensation rate is minimum $10 per $100 of payroll. Source: The Sunday Gazette-mail, Charleston, WV

Economic Impact of Misclassification in Ohio

Economic Impact of Misclassification in Washington

Economic Impact of Misclassification in West Virginia *includes piano tuning, taxidermists, chain saw repair, lawn mower repair, firearm repair

Misclassification Example The Tenth Diamond Inc. and Astech Corp. are both owned by the same owner in Charleston, WV Tenth Diamond, Inc. is classified as General Construction contractor paying $9 per $100 of payroll Astech Corp. is classified as Asbestos Removal contractor paying $48 per 100 of payroll, but has no employees Astech leased all employees from Tenth Diamond, Inc. The State of WV claims that Astech/Tenth Diamond owes the state $800,000 in workers’ compensation premiums.

NCCI Manual Premium Rates

NCCI Manual Premium Rates Effects of Misclassification

Conclusion Workers’ Compensation Misclassification costs legitimate contractors, jobs. States and insurance companies need more enforcement and penalties.

Workers’ Compensation Misclassification Laborers’ International Union of North America Construction Department