Call Us Request an Appointment Find a Location

New York state’s workers comp loss-cost rate to rise an average 9.1%

NEW YORK—New York state Insurance Superintendent James J. Wrynn has approved an average 9.1% increase in the workers compensation loss-cost rate.

The rate increase, which was approved last week, is effective on Oct. 1.

The New York Insurance Compensation Rating Board had proposed a 10.4% loss-cost increase in May, but reduced it last week to the amount approved by the superintendent.

In his order calling for the increase, the superintendent cited several factors including increased benefits and medical fees.

Since October 2000, New York state’s workers compensation insurance rates have decreased an average of 10%, according to the New York State Insurance Department.

Nearly $2 Trillion Purloined from U.S. Workers in 2009

In 2009, stock owners, bankers, brokers, hedge-fund wizards, highly paid corporate executives, corporations, and mid-ranking managers pocketed—as either income, benefits, or perks such as corporate jets—an estimated $1.91 trillion that 40 years ago would have collectively gone to non-supervisory and production workers in the form of higher wages and benefits. These are the 88 million workers in the private sector who are closely tied to production processes and/or are not responsible for the supervision, planning, or direction of other workers.

From the end of World War II until the early 1970s, the benefits of economic growth were broadly shared by those in all income categories: workers received increases in compensation (wages plus benefits) that essentially matched the rise in their productivity. Neoclassical economist John Bates Clark (1847-1938) first formulated what he termed the “natural law” of income distribution which “assigns to everyone what he has specifically created.” That is, if markets are not “obstructed,” pay levels should be “equal [to] that part of the product of industry which is traceable to labor itself.” As productivity increased, Clark argued, wages would rise at an equal rate.

The idea that compensation increases should equal increases in average labor productivity per worker as a matter of national wage policy, or a wage norm, is traceable to the President’s Council of Economic Advisors under the Eisenhower and Kennedy administrations. This macroeconomic approach was anchored in the fact that if compensation rises in step with productivity growth, then both unit labor costs and capital’s versus labor’s share of national income will remain constant. This “Keynesian Consensus” never questioned the fairness of the initial capital/labor split, but it at least offered workers a share of the fruits of future economic growth.

Index of Wages, Compensation, Productivity, and “Usable” Productivity of U.S. Non-Supervisory Workers, Per Hour, 1972-2009 (1972=100)

Sources and Calculations:

This calculation is based on the 1972 average real hourly wage expressed in 2009 dollars, $17.88, plus $2.95 per hour in benefits, with total compensation [wages + benefits] equal to $20.83 per hour for non-supervisory workers (U.S. Department of Labor, 2010a, 2010b: 85-90; Economic Policy Institute, 2011). The growth of private productivity from 1972 to 2009 was 92.7%. Adjusting the productivity figure (downward) to account for lower economy-wide productivity, consistent deflation in both producer prices and consumer prices, and a rising rate of depreciation, the net growth of “usable” productivity was 55.5% (Baker 2007). If workers had been paid the value of their annual productivity increases (as they essentially were prior to the early 1970s) they would have received an average of $35.98 per hour in compensation in 2009 instead of the $23.14 they actually received. The differential was $12.84. Workers worked an average of 39.8 hours per week in 2009, so $511 of compensation that they would have received under conditions prior to the early 1970s instead was diverted. On an annual basis of 1,768 hours worked per year, according to the OECD, each worker lost to capital an average of $22,701. Adjusting the 88,239,000 production and non-supervisory workers employed in 2009 to the lower 1972 labor force participation rate equivalent of 84,180,000 workers, the total of purloined workers’ compensation for 2009 comes to $1.91 trillion (Council of Economic Advisors, 2010: Tables B-47, B-49; U.S. Department of Labor, Bureau of Labor Statistics, 2011 Table B-6).

As the figure below shows, both Clark’s idea of a “natural law” of distribution and Keynesian national wage policy have ceased to function since the onset of the neoliberal/supply-side era beginning in the early 1970s. From 1972 through 2009, “usable” productivity—that part of productivity growth that is available for raising wages and living standards—increased by 55.5%. Meanwhile, real average hourly pay fell by almost 10% (excluding benefits). As a group, workers responded by increasing their labor-force participation rate. To make the calculation consistent over time, employment is adjusted to a constant participation rate set at the 1972 level. Had compensation matched “usable” productivity growth, the (adjusted) 84 million non-supervisory and production workers in 2009 would have received roughly $1.91 trillion more in wages and benefits. That is, 13.5% of the nation’s Gross Domestic Product in 2009 was transferred from non-supervisory workers to capitalists (and managers) via the gap of 44.4% that had opened up between compensation and “usable” productivity since 1972.

As expected, neoclassical (or mainstream) economists offer tortured justifications for the new status quo. The erstwhile dauphin of neoclassical economics, Harvard economist Gregory Mankiw agrees with Clark’s formulation. But he says that even though “productivity has accelerated, workers have become accustomed to the slow rate of wage growth since the 1970s.” Why “accustomed”? Well, believe it or not, neoclassical economists claim that today’s workers suffer from “low wage aspirations.” Mankiw equates the wage that workers aspire to with the wage they consider fair. So, according to this very strange formulation, workers consider that they are getting a fair shake today, even though their compensation increases lag behind their productivity increases. Yet a few decades earlier, they considered it fair (as did Clark and Mankiw) for compensation growth to keep up with productivity increases.

Some economists simply deny that any change has occurred. Noted neoclassical conjurer Martin Feldstein believes that the “productivity-compensation gap” is merely a matter of bad measurement: by dropping the Consumer Price Index as the appropriate yardstick, Feldstein alchemically transforms the way wages are adjusted for inflation. His soothing Panglossian recalibration raises workers’ “real” income; et voilà!—the productivity-compensation gap all but disappears.

Leaving aside such statistical prestidigitation, a vast upward transfer of income is evident. That transfer is directly related to the rupture of the so-called “Treaty of Detroit”—an understanding between capital and labor, pounded out during the Truman administration, wherein employers accepted the idea that compensation could grow at the rate that productivity increased. In 1953 union strength was at its high point; 32.5% of the U.S. labor force was unionized. With the profit squeeze of the early 1970s and the onset of Reaganism, unionization rates began to fall—to 27% in 1979, then to 19% in 1984. By 2010 the rate was down to 11.9% (and only 6.9% in the private sector). Off-shoring, outsourcing, vigorous (and often illegal) corporate tactics to stop unionization drives, and an overall political climate of hostility to free and fair union elections have deprived workers of the countervailing power they once held. The result is that without unions struggling to divide the economic pie, non-supervisory and production workers (78% of the private-sector workforce) have been deprived of a minimal level of economic distributive justice.

The upward redistribution has remained as hidden as possible. The forms it has taken—as bonuses, bloated salaries, elephantine stock options, padded consulting fees, outsized compensation to boards of directors, sumptuous conferences, palatial offices complete with original artwork, retinues of superfluous “support” staff, hunting lodges, private corporate dining rooms, regal retirement agreements, and so on—defy exact categorization. Some would appear as profit, some as interest, some as dividends, realized capital gains, gigantic pension programs, retained earnings, or owners’ income, with the remainder deeply buried as “costs of doing business.”

In the final analysis, the $1.91 trillion figure is only an approximation, designed to make more concrete a concept that has lacked an important quantitative dimension. Of course, had compensation increases matched “usable” productivity increases, workers would have paid taxes on the wage portion of their compensation, leaving them with much less than the $1.91 trillion in their pockets. Meanwhile, as these funds are shifted over to capital (and management salaries), federal, state, and local taxes are paid on the portion which appears as declared income. This results in a considerable drop in the net after-tax transfer amount actually pocketed by capital through their appropriation of the productivity increases of non-supervisory workers. Even so, their haul remains a staggering—even astonishing—sum.

JAMES M. CYPHER is a professor of development studies, Universidad Autónoma de Zacatecas (México), and the co-author of Mexico’s Economic Dilemma (2010) and The Process of Economic Development (2009).

SOURCES: Dean Baker, “The Productivity to Paycheck Gap,” Center for Economic and Policy Research, 2007 (cepr.net); Lawrence Ball and Gregory Mankiw, “The NAIRU in Theory and Practice,” Journal of Economic Perspectives, V. 16, No. 14: 115-136 (2002); Council of Economic Advisors, Economic Report of the President, 2010, Washington, D.C.: USGPO; Economic Policy Institute, “Wages and Compensation Stagnating,” chart from The State of Working America, 2011 (stateofworkingamerica.org); Martin Feldstein, “Did Wages Reflect Growth in Productivity?” paper presented at the 2008 American Economics Association meetings (aeaweb.org); Steven Greenhouse, “Union Membership Fell to a 70-Year Low,” New York Times, January 22, 2011; E.K. Hunt, History of Economic Thought, Belmont, Calif.: Wadsworth (1979); David Cay Johnston, “Plane Perks,” Perfectly Legal, New York: Penguin (2005); T.C. Leonard, “A Certain Rude Honesty: John Bates Clark as a Pioneering Neoclassical Economist,” History of Political Economy vol. 35, no. 3: 521-558 (2003); U.S. Department of Labor, Bureau of Labor Statistics, Economic News Release: Table B-6, Employment of Production and Non-Supervisory Employees, January 7, 2011 (bls.gov); Bureau of Labor Statistics, Table A: Employer Cost for Employee Compensation, USDL-10-1687, December 8, 2010 (bls.gov); Bureau of Labor Statistics, “Current Labor Statistics,” Monthly Labor Review, Vol. 133, No. 7, July 2010 (bls.gov).

Teacher proves injuries from breaking up fight are compensable

In New York, a worker’s injuries sustained in an assault while fulfilling his job duties occurs in the course of employment even if the worker physically leaves the employer’s presence.

Case name: Buffalo Public Schools, 111 NYWCLR 86 (N.Y.W.C.B. 2011).

Ruling: The New York Workers’ Compensation Board held that a teacher’s injuries, sustained when he was punched by a boy while attempting to stop a fight off school premises and after school, arose out of and in the course of his employment.

What it means: In New York, a worker’s injuries sustained in an assault while fulfilling his job duties occurs in the course of employment even if the worker physically leaves the employer’s presence.Summary: A music teacher was leaving school premises when he observed several boys, some of whom were students at his school, chasing and assaulting a student. After driving off the school premises, he again observed the student being knocked to the ground and kicked by six others. The teacher then began beeping his horn and threatening to call 911 on the assailants. The teacher was injured when one of the youths punched him on the side of his head. A New York Workers’ Compensation Board panel held that his injuries arose out of and in the course of his employment. The panel found that although the teacher physically left the employer’s premises, he was acting in the course of his employment and was fulfilling his responsibility to look out for the safety of a student who had just fled off the school property in an effort to escape an attack when he also was assaulted by one of the assailants. The panel noted that there was no evidence that the teacher was assaulted for any reason other than as a response to his attempt to stop an assault upon a student.

Read more at the WorkersComp Forum homepage.

July 11, 2011

Copyright 2011© LRP Publications

A New York state of signs

Atheists in the Big Apple threaten to sue over a street sign that mentions heaven

July 11, 2011

A fresh religious controversy is ripening in the Big Apple. Atheists there want to ban a word from the name of a street.

In the Red Hook neighborhood of New York City, residents got part of a street renamed to honor seven firefighters who died during the 9-11 terrorist attacks.

So far, so good. But not so God. The street name is “Seven in Heaven Way.” NYC Atheists are considering a lawsuit, and not over the trite, maudlin rhyme. They say the title causes “injury” and breaches separation of church and state.

“We are not against honoring anyone who died or served on 9/11,” Ken Bronstein, president of the atheist group, told the New York Daily News. “What we’re against is the use of the word ‘heaven,’ which is a religious concept . . . This is not a Christian nation. This is a republic.”

The idea isn’t getting a lot of sympathy.

“Oh God, the atheists are mad again,” says a guest column in the New York Press.

“Evangelical Atheists vs. Humanity,” trumpets the New York-based religious journal “First Things.”

“Jerky Atheists Object to 9/11 Commemorative Street Sign,” says the blog of the otherwise cheerfully secular “New York” magazine.

The fracas is just one round in the growing conflict between the religious and the anti-religious. A new film, “The Ledge,” pits Christianity against atheism. Director-writer Matthew Chapman, a great-great-grandson of Charles Darwin, says it’s the first film to cast atheists in a good light.

(Sidebar, Your Honor? It may be the first film to show atheists positively, but it’s hardly the first to show religion negatively. Exhibit A: the film “2012,” which shows the destruction of the Sistine Chapel, St. Peter’s Basilica and the Christ statue over Rio de Janeiro. Why? “Because I’m against organized religion,” executive director Roland Emmerich has said.)

Jerkiness or non-jerkiness aside, why start with a street sign? What about all the other religious place names in America?

Think of all the cities named after holy men: St. Louis, St. Petersburg, St. Augustine, San Francisco, San Antonio. How about Los Angeles (The Angels) and Corpus Christi (Body of Christ)? And the name of Florida — originally Pascua de Florida, or “Flowery Easter”?

And we haven’t even gotten to non-Christian references, like Phoenix, named for a bird in Egyptian mythology. In New York itself, the Apollo Theater is named for a Greek deity. Try changing that name.

Or we could try growing up. We could live our faith, or non-faith, and stop trying to twist others’ arms to speak up or shut up. And for “heaven’s” sake, leave court dockets free for matters that really matter.

James D. Davis

Where Would We Be Without Workers Compensation?

Consider for a moment where we would be—as a society, an economy and an insurance industry—without workers’ compensation.

With workers’ compensation celebrating its centennial this year, it is worthwhile to examine just how big an impact this critical line of coverage has had on our lives.

First, a quick history lesson.

We’re just a few weeks away from the system’s 100th birthday—Sept. 1, 1911, when the first workers’ compensation law took effect in Wisconsin. For many workers, it was a grim time. Workplace deaths were far more frequent compared with today’s relatively few fatalities. Families were often left destitute if the breadwinner suffered a catastrophic injury or became ill because of his job.

We now take workers’ compensation for granted, but a century ago the notion of government imposing financial obligations on employers and limiting legal rights for employees was pretty radical and controversial. Many employers (as well as legislators and state judges) considered the very concept of mandatory workers’ compensation unconstitutional. Unions often opposed initial efforts to establish the workers’ compensation system as an “exclusive remedy,” concerned that business lobbyists would convince government to set unacceptably low benefit levels and leave them without recourse to the courts.

Unions argued that workers had more to gain by suing their employers. Some even suggested that workers’ compensation would discourage companies from making their workplace safer by transferring the risk and cost of injuries to third-party insurers.

Related: Read More Sam Friedman Blog Posts

In truth, the legal deck was stacked against injured workers without a workers’ compensation system in place, and workplace safety was already a low priority for too many companies. Employers that were sued were able to escape blame and liability with a number of legal defenses, including if the employee knew about a potential hazard beforehand, or if a fellow employee was even partly to blame for an accident.

Indeed, with no uniform system in place to care for those who were hurt or became ill on the job, it was pretty much every man and woman for themselves if an accident occurred.

Wisconsin Led the Way

Events such as the infamous Triangle Shirtwaist factory fire that killed 146 garment workers in New York in March of 1911 shined a harsh spotlight on the unsafe working conditions under which many were routinely toiling. It also exposed the lack of a reliable safety net to rehabilitate and compensate those hurt on the job and unable to work for a time (or ever again), as well as take care of the families of those who lost their lives.

(The New York Court of Appeals rejected New York’s first workers’ compensation law as unconstitutional the day before the tragic Triangle fire, citing a violation of employer’s due process rights. The state went on to change its constitution after the Triangle fire and activated its own workers’ compensation system in 1914.)

Once Wisconsin took the plunge and put workers’ compensation on the map, however, the system expanded nationwide fairly quickly. By 1920, only eight states lacked workers’ compensation laws; by 1949, each state had a system in place.

Related: Workers’ Compensation Educational Conference

What if opponents had succeeded in heading off the creation of workers’ compensation? Consider for a moment that we inhabit an alternative universe. Imagine what life would be like without this insurance. We would likely see:

  • Far more litigation, resulting in much higher legal costs for employers;
  • More injured workers going without proper treatment and having to wait months or years for replacement income and compensation, if they received any benefits at all;
  • Longer absences from work and far fewer injured parties returning to their jobs even in a part-time or “light-duty” capacity, resulting in lower productivity overall; and
  • A far more combative workplace, and perhaps even a more belligerent union movement, as employees would have been more likely to organize to secure fair treatment for members hurt or killed on the job.

Would we have also seen many more injured workers without a system in place to keep employers focused on loss control? The threat of litigation and increased union activity might have eventually driven employers to improve workplace safety regardless of whether workers’ compensation came into being, but that would have been a much tougher road to travel to produce the relatively safe working environments we typically enjoy today.

In any case, the impact of workers’ compensation has indeed been immense and overwhelmingly positive. Consider that it:

  • Created a humane risk-transfer system that has spread the burden of paying and treating injured employees.
  • Largely removed the need for injured workers to sue their employers (although some would say there is still far too much litigation in the system).
  • Freed injured and sick workers from having to pay doctors out of their own pockets if their job was responsible for their medical condition.
  • Integrated a loss control mentality into the social compact that greatly reduced the frequency of workplace injuries and fatalities. (Fears of workers’ compensation creating a “moral hazard” because third parties—insurers—were paying claims instead of employers were eased by the experience-based rating system, which offered a powerful financial incentive to provide a safe workplace.)

The insurance industry is certainly grateful for the business. Workers’ compensation ranks fourth in premiums generated among property & casualty lines, trailing only private passenger auto, homeowners’ multi-peril, and “other liability,” according to the Insurance Information Institute. Even with a recession-dampened $32 billion in net written premiums in 2009 (the total was nearly $42 billion in 2006), the line accounted for about 7.5 percent of total P&C premium volume that year.

Workers’ compensation is not perfect. Litigation is still far too prevalent in a supposedly “exclusive-remedy” system. The private insurance market has failed to thrive in too many states, thanks in large part to excessive regulation. Medical care costs, particularly for prescription drugs, are still soaring.

Yet whether you are considering the health of the economy, the society at large, or of the insurance industry in particular, as well as your own personal well-being and peace of mind, it would be difficult to argue that we’d be better off without workers’ compensation.

Sam J. Friedman, Insurance Leader at Deloitte Research, will further discuss the impact of worker’s compensation and the challenges the industry faces over the next century during the Workers’ Compensation Educational Conference in Orlando on Aug. 23. He may be reached at samfriedman@deloitte.com.

Hi, How Can We Help You?