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Basic Manual—2001 Edition

PART ONE—RULES

RULE 2—PREMIUM BASIS AND PAYROLL ALLOCATION


(Additional rules: FL)



Effective 01 Jul 2001 12:00:01

H. SUBCONTRACTORS

(Additional Rules: AZ, ME, OR) (Exceptions: CO, MO, UT, WI)

   
1.   

In those states where workers compensation laws provide that a contractor is responsible for the payment of compensation benefits to employees of its uninsured subcontractors, the contractor must furnish satisfactory evidence that the subcontractor has workers compensation insurance in force covering the work performed for the contractor. The following documents may be used to provide satisfactory evidence:

   
•   

Certificate of insurance for the subcontractor's workers compensation policy

•   

Certificate of exemption

•   

Copy of the subcontractor's workers compensation policy

2.   

For each subcontractor not providing such evidence of workers compensation insurance, additional premium must be charged on the contractor's policy for the uninsured subcontractor's employees according to Subcontractor Table 1 and 2 below.


Subcontractor Table 1

(Exceptions: FL, TN)

If the contractor has not furnished evidence of workers compensation insurance and . . . Then to calculate the additional premium . . .

Furnishes complete payroll records of the subcontractor’s employees . . .

Use the payroll detailed in the records

Does not furnish complete payroll records and the subcontract price does not reflect a definite payroll amount . . .

Use the full subcontract price of the work performed during the policy period by the subcontractor as payroll

Does not furnish complete payroll records, but documentation of a specific job discloses that a definite amount of the subcontract price represents payroll . . .

Use the payroll amount indicated by the documentation as the payroll, subject to the minimums in Subcontractor Table 2 below


Subcontractor Table 2

(Exceptions: FL, TN)

If the job involves:

Then the minimum to calculate additional premium is:

Mobile equipment with operators (such as but not limited to earth movers, graders, bulldozers, or log skidders)

Not less than 33 1/3% of the subcontract price

Labor and material

Not less than 50% of the subcontract price

Labor only

Not less than 90% of the subcontract price

Piecework

Not less than 100% of the subcontract price (The entire amount paid to pieceworkers must be the payroll.)

3.   

Vehicles with drivers, chauffeurs, or helpers entitled to benefits under workers compensation insurance law may be engaged under verbal or written contract. The amount used to calculate the premium is determined in the following manner:


Subcontractor Table 3

(Exceptions: LA, OR, RI, WI)

If the owner of such vehicles has not furnished evidence of workers compensation insurance and . . . Then . . .

Payroll can be obtained

The total payroll of these drivers must be included as payroll of the insured employer that contracted for the vehicles.

Payroll cannot be obtained or the driver is an owner-operator and does not receive a set payroll

1/3 of the total contract price for the vehicles must be included as payroll of the drivers.

The contract price does not include the cost of fuel, maintenance, or other services provided to the owner or the owner-operator of a vehicle under contract

The value of these goods and services must be added to the contract price before determining the 1/3 amount.

4.   

In all cases, the payroll determined for subcontractors is assigned to the classification that would have applied if the individuals had been employees of the contractor.

5.   

In all cases, if an experience modification has been established for the contractor, this experience modification must be applied to the premium developed for the uninsured subcontractor.


© 2000–2003 National Council on Compensation Insurance, Inc.

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