What is the
Experience Modification Rate?

The experience modification is a factor applied to the Workers' Compensation premium

which reflects an employer’s variation from the average of

all employers in the same class of business.

Using the employer’s own past experience, the experience modification is determined

by comparing actual losses to expected losses.

This comparison of losses results in a premium reduction (credit) if the employer’s

experience is better than the average, or a premium increase (debit) if this experience is

worse than the average.

Why the Change?
NYCIRB has determined that under the current system employers with better than
expected experience do not receive enough credit, and risks with worse than expected
experience do not receive enough debit.
The new system is designed to create stronger incentives for employers to implement 
effective workplace safety.
When?
This change will affect all employers with New York State payroll on experience modification 
ratings effective on or after October 1, 2022.
This change will affect all renewals on or after 10/01/2022
INCENTIVIZE 
WORKPLACE SAFETY
The new experience rating program will appropriately incentivize workplace safety by providing larger credits for risks with better than expected experience, increasing their loss ratios, while also providing larger debits to risks with worse than expected experience, lowering their loss ratios.
PLAN STRUCTURE
The new program will utilize a variable split point, a simplified rating formula, and a novel claim capping approach to appropriately balance accuracy, stability, and equity while also incentivizing workplace safety.
ELIGIBILITY AND ELIMINATION 
OF THE MERIT RATING PLAN
The merit rating plan will be discontinued, and the new experience rating formula will be applicable to all risks in New York State with exposure during the experience period.

PARTICIPATION IN 
THE INTERSTATE RATING PLAN
With the implementation of the new formula, New York State will withdraw from the NCCI interstate rating plan. All risks will be rated based on their New York experience only.
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