[For the first part of this discussion, see “Workers’ Compensation Insurance
Arrangements: Does the model make a
difference? Part 1” at http://workerscompperspectives.blogspot.com/2019/07/workers-compensation-insurance.html or https://workerscompperspectives.wordpress.com/2019/07/11/workers-compensation-insurance-arrangements-does-the-model-make-a-difference-part-1/
]
In my previous post, I described the range of public
policy insurance arrangements governments use in the workers’ compensation insurance
market. As noted, the market for
workers’ compensation is not a free market but one that is altered by
government interventions and oversight.
The most common active intervention in the market (after mandating
compulsory workers’ compensation insurance coverage for most employers) is the
legislative creation of a “state” fund for workers compensation.
Analysis of the state, provincial and federal jurisdictions in the US, Canada, and Australia shows that the majority of jurisdictions use competitive or exclusive state funds to provide some or all of the workers’ compensation insurance needs within their respective jurisdictions. Provision of workers’ compensation insurance solely by private or mutual insurance is common in many jurisdictions either as the only option or in a market competing with state funds.
I concluded the last post by grouping jurisdictions into
three categories:
- Private and mutual insurers only jurisdictions
- State Fund and Private Insurance competitive jurisdictions
- Exclusive “State” Fund Jurisdictions
The purpose of this examination is to determine if the categories
of workers’ compensation insurance arrangement are associated with different worker
benefits, employer costs, or the ratio between these important measures.
For this analysis, “worker benefits” refers to benefits paid
per $100 of payroll (payments to injured workers and to providers of medical
care in the calendar year, regardless of year of injury); “employer costs” are
represented as costs paid by employers per $100 of payroll referring to calendar-year
insurance premiums paid plus any annual deductible or self-insurance costs including
administration.
Note: Although the
ratio between worker benefits paid and employer costs is often expressed in
dollar terms [e.g., “Total Benefits per $1 Employer Cost”], mathematically the ratio between these two measures is a unitless
value, independent of currency or consideration of exchange rates. Whether derived directly from cash flow analysis
or indirectly from published rate per $100, the ratio is the same:
This ratio represents the proportion of employer costs (mainly premiums paid for workers' compensation insurance) in a year that are paid out in cash benefits (compensation and medical costs, regardless of year of injury) in that same year.
[(Worker Benefits Paid)/payroll*100]/ [(Employer Cost)/payroll*100]=
(Worker Benefits Paid)/ (Employer Cost)
This ratio represents the proportion of employer costs (mainly premiums paid for workers' compensation insurance) in a year that are paid out in cash benefits (compensation and medical costs, regardless of year of injury) in that same year.
If the workers’ compensation insurance
arrangement is irrelevant, the ratio of worker benefits paid to employer cost
should be similar regardless of the insurance arrangement category. Individual states within each category may
vary but collectively, the ratio of “worker benefits paid” to “employer costs”
over time should be similar for each of the three categories noted above. However, this analysis shows substantive
difference associated with these three models.
Main Findings
Main Findings
US jurisdictions in the exclusive state
funds category are associated with a higher worker benefits paid to employer
cost ratio [WBP/EC ratio] than categories of jurisdictions without a state
fund (relying on private workers’ compensation arrangements), or jurisdictions
with a competitive state fund and private insurance. The category of jurisdictions with competitive
state funds has a WBP/EC ratio greater than the private provision category but
lower than exclusive state fund category.
A similar calculation methodology was
applied to Canadian workers’ compensation boards, all of which are in the
exclusive category. Collectively, Canadian workers’ compensation boards have a WBP/EC
ratio similar to the US exclusive state category. A sample of Australian exclusive, publicly underwritten
workers’ compensation insurers collectively produce a similar ratio.
The category or US jurisdictions served
by private or mutual insurance with no competitive state fund had the lowest
WBP/EC ratio, i.e., the lowest proportion of current year employer costs going
to pay workers cash compensation, related medical bills and other benefits. The
WBP/EC ratio was also below the average for the three categories considered and
the ratio for the exclusive state fund category. The private category also had the lowest worker paid
benefit per $100 payroll and the lowest employer cost per $100 payroll.
Some background on workers’ compensation insurance
finance
Workers’ compensation insurance has both similarities and
differences with other insurance lines. Insurance
transfers much of the financial risk of rare but costly events from the insured
to the insurer in exchange for a premium.
Workers’ compensation insurance has the added feature of being an
exclusive remedy in most jurisdictions; employers are protected from legal
action for most work-related injuries—a feature not present in most other insurance
lines. Workers may lose the right of tort
or common law action but (in theory if not practice) gain assured access to
defined benefits for work-related injury, illness and death. Access to benefits is based on “work-relatedness”
[injury arising out of and/or in the course of employment] rather than fault.
As with most other lines of insurance, premiums are paid to
cover a specific period of time, typically a policy year (usually a calendar
year); claims against the policy must meet well-defined events. Workers’ compensation differs from many other
lines in that benefits are paid in accordance with levels set by legislation.
A major difference between workers’ compensation and other
lines of insurance relates to the time it takes for the full cost of a claim to
be paid out. The full cost of most property
and casualty insurance claims usually developed quickly. For example, you pay insurance for your home
or your car on an annual basis; if your home burns down or your car is stolen
in the coverage period, you can claim the loss to the agreed upon value of your
loss shortly thereafter. The insurer
makes the payment and the claim is closed. The full claim cost under these types of insurance
agreement develop quickly and definitively.
Not necessarily so for workers’ compensation insurance.
With workers’ compensation, work-related injury, illness or
disease may or may not occur quickly; disability may carry on for many months
or years beyond the policy year, the period covered by the insurance
agreement. The premium must be sufficient
to take into account both the immediate and long-term liabilities associate
with a claim. In workers’ compensation
insurance terms, every accepted claim “incurs” costs. The money is not paid out
immediately but the liability can be estimated (and notionally funds “reserved”
to cover these future costs). The true,
full cost of the claim will develop over time and known definitively once the
claim is concluded or "finalled". The conclusion of an
accepted clam may be days, weeks, or years after the date of injury (when the
workers’ compensation insurer’s financial liability for the claim was incurred).
From the workers’ compensation insurer’s perspective, cash
flow accounting is not really the most appropriate way to look at
accounts. Liabilities that are incurred
need to be projected well into the future; premiums collected in the policy
year must meet those projected costs.
Factors such as the rate of inflation, required rate of return on
investments, changes in claim or claimant life expectancy, and potential
increases in medical costs can have major impacts on future costs of claims
incurred. The current premium must cover
all current year and expected future costs associated with claims that arise
from the policy year.
I mentioned investment returns as a factor. The “long tail”
of costs associated with a work injury means the eventual value to be fully
paid out may be discounted to take into account anticipated gains. Notionally, the premium collected in a year
will be used to pay medical and indemnity costs arising from injuries in the current
year and in many years to come. Insurers
set aside or “reserve” funds from each policy year’s premiums to pay these
future costs. Those reserves may be
invested to generate income and growth in value that can be used to pay claims.
An expected rate of return is taken into
account in premium development but excess gains or losses often occur.
On an annual operating basis, considering all cash payments
made in the policy year to workers or their families, a portion of those
payments will relate to injuries that arose in that year while the rest of the
cash paid will relate to claims for injuries that occurred in the prior and
previous years. Notionally, these
payments are accounted for by drawing down reserves established each year for “unfinalled”
claims.
This disconnect between the benefits paid to workers in the
year and the employer costs including premiums paid in the year can lead to
divergent patterns of expenditures. For this
reason, the National Academy of Social Insurance (NASI.org) advises the
following in its reports on Workers’
Compensation: Benefits, Costs and Coverage (October 2018) [page 41]:
The reader is cautioned that the ratios
represent benefits and costs paid in a
given year, but not necessarily for the same claims. The
benefits measure includes payments for all injuries/illnesses that occurred in
the given year and for some injuries that occurred in
prior years. The costs measure (premiums paid to
insurers and state funds) includes projected future liabilities for injuries/illnesses
that occurred in the given year. In other words, the costs and benefits paid in
a given year are not tracking the full costs of a particular set of claims.
NASI cautions against
using individual state differences in their reported measures as a way of
identifying relative differences as favorable or unfavorable. The NASI report provides data on workers
benefits paid, employer costs and the ratio between them on a jurisdictional
level. It also provides and charts the
data at an aggregate level as an indicator of trends.
The following analysis acknowledges
the cautionary advice and does not examine individual jurisdictional data. Instead, it disaggregates the NASI data and
re-aggregates the same data in accordance with the three main categories of
workers’ compensation insurance arrangements described in detail in the
previous post. This allows a direct
comparison with additional jurisdictions outside the US. Canadian data from the Association of Workers’
Compensation Boards of Canada (AWCBC.org) and from a sample of Australian
jurisdictions reflect two additional sub-groupings in the exclusive state fund
category and can be compared with the US data.
Employer Costs and Worker Benefits Paid
Workers’ compensation insurance collects premiums from
employers and pays compensation and benefits (essentially the cost of medical
diagnostics, treatment, rehabilitation, and a portion of worker financial
losses) to workers (families or estates in the event of a work-related
fatality). There are other insurance
costs, of course, including the cost of administration, underwriting,
adjudication, adjusting, and loss prevention to name a few. The human and social costs associated with
work injuries are real and significant but are not consistently calculated, tracked
or reported; consequently, these important and real costs are not included in
this analysis.
Generally, workers’ compensation insurance premiums are the
main employer cost. As noted above, employers pay the premium to transfer to the
insurer a defined portion of their financial risk associated with work-related
injury, illness, disease and death for a specified period; each work-related
injury, illness and death occurring in that period (typically a policy year)
creates a liability-- an “incurred” claim expense that will be paid out as
worker compensation (amounts toward income loss or non-economic losses based on
temporary and permanent disability) and benefits(including medical treatment,
rehabilitation, vocational rehabilitation, prosthetics, medications, funeral
expenses, survivor benefits) in the year of injury and potentially for many
years beyond that. Also as noted above,
those benefits recorded as being paid out to workers on a cashflow basis in a
given year in the NASI report, AWCBC data and Australian annual reports (cashflow
statements in financial reports), relate to claims from many prior years as
well as the current year.
This actuarial “long tail” of payouts means insurers must
have sufficient funds set aside to cover the future costs of the worker
compensation, benefits and administration. These funds and reserves are invested with the
returns providing revenue and securing entitlements. Excess returns may allow for lower premiums
or rebates/dividends to employers (effectively reducing employer costs); less
than required income from premiums and investments may also require premium
rate increases (reflected in higher employer costs).
There are other employer costs. Some states allow for employer deductibles,
effectively a form of self-insurance.
These are included in employer cost estimates in the US. Some Australian jurisdictions require
employers pay the initial time-loss compensation and medical costs before
workers’ compensation takes over, although the amounts and durations vary by
jurisdiction. [Note: there are no similar
employer deductibles in Canada].
Employers also have many costs associated with investigation of
injuries, disability management, and return to work. These are not included in the estimates of
employer costs.
Workers also have costs that are not directly accounted for in this analysis. Workers and their families pay the human cost in pain, suffering, and quality of life; they also pay in terms of differential between earnings above the compensation rate and “worker deductibles” such as the non-reimbursed waiting period common in the US and two Canadian provinces (New Brunswick and Nova Scotia). [Australian jurisdictions have no worker waiting periods].
Drivers of worker benefits and employer costs
Legislatures set the parameters of compensation and benefits—the
main drivers of overall worker benefit expenses and, consequentially, workers’
compensation premiums. The parameters include
maximum insurable earnings (or maximum benefit that may be paid), compensation rate,
duration of waiting periods, provisions for retroactive periods, cost of living
adjustment provisions, entitlements to vocational rehabilitation, funeral
expenses, and many other elements of workers’ compensation coverage. These provisions vary widely in the US (see
NASI data Table C; IAIABC/WCRI, Workers’ Compensation Laws as of January 1,
2019, April 2019. WC-19-22; U.S.
Chamber of Commerce, Analysis of Workers' Compensation Laws
(2018 Edition)). Analogous provisions in
Canada also vary but less widely (see AWCBC
Summary Tables). Theoretically, jurisdictions with identical industrial
mix, wage distribution and injury rates could have vastly different employer
costs and worker benefits paid as a result of differences in legislative
provisions.
Workers’ compensation jurisdictions in Canada tend to have
higher maximum insured earnings, benefits
payable, and compensation rates than their
US counterparts. Compensation rates in
the US are typically 66 2/3rds of gross earnings while Canadian compensation
rates are typically 85-90% of net (spendable) earnings—the latter often
providing a greater level of income replacement across all income classes,
particularly where progressive tax regimes are in place. Most US workers’ compensation jurisdictions
have a waiting period of three to seven days while most Canadian provinces have
no waiting period. These differences in legislative
design of worker compensation and other benefits are reflected in both employer
costs and worker benefits per $100 of payroll.
Industry mix is a big driver of differences in workers’
compensation cost differences among states.
States vary in their concentration of covered employment in sectors such
as agriculture, manufacturing, construction, transportation, medical services, and
advanced technologies. Each industry has
its own risk of injury and loss potential.
States with higher concentrations of work-related injuries in skilled
employment with higher earnings within a high legislated insurable earnings or
benefits payable cap may have higher individual claim costs compared to a state
with a higher proportion of work-injured in lesser skilled and compensated categories.
Many other factors may also influence these costs including the
severity and frequency of injuries, demographics such as workforce age,
distribution of wage earner incomes, medical fee costs, etc. Given this background, it is not surprising
that the value of worker benefits paid and employer costs vary from state to
state and even from year to year in the same state.
Comparing employer costs across jurisdictions
Few studies have examined the how employer costs vary with
the category of workers’ compensation insurance arrangement across
jurisdictions. Challenges to analysis
include the difficulty of controlling for industry mix, demographic
differences, and the many variables related to legislated worker benefits. In theory, for jurisdictions where all external
conditions (industry mix, demographics, medical cost structure, etc.) and
experiential conditions (injury rate, duration, severity, earnings
distribution, access to medical care, etc. ) are similar, the jurisdiction with the legislation that
defines greater worker benefits will likely have both greater worker benefit
and employer cost per $100 payroll. Employer costs per $100 payroll will likely
be higher for jurisdictions with unfunded liabilities and lower for
jurisdictions using excess market returns to moderate or discount premium costs
for policy holders.
Complex analysis that controls for most of these factors is
limited but exists. Work by the late
Terry Thomason and John F. Burton Jr. in particular stand out. For more information on their approach and
findings, see Terry Thomason, Timothy P. Schmidle, and
John F. Burton, Jr., Worker’ Compensation: Benefits, Costs, and Safety
under Alternative Insurance Arrangements, WE Upjohn Institute, January 2001
and Terry Thomason and John F. Burton, Jr, The Employers’ Costs of Workers’
Compensation Insurance in Ontario and Selected Other Canadian and U.S.
Jurisdictions, Workers’ Disability Income Systems, Inc., December 2001 [Revised
June 2002].
NASI and AWCBC Data
The National Academy
of Social Insurance (NASI.org) publishes
an annual report that covers most of the US jurisdictions noted in the above table
(Puerto Rico is not currently in the NASI dataset). The Association
of Workers’ Compensation Boards of Canada (AWCBC.org) publishes data on all the
Canadian jurisdictions. In the most
recent NASI report, several tables provide a standardized measure for both
costs and benefits.
In the NASI report, Table 12 Workers' Compensation Total Benefits Paid Per $100 of Covered Wages, by
State provides a standard
comparator for 2012 through 2016. Each
year’s figure for each state is an “observation”. Any one observation is subject to a lot of
variability so multiyear data for each state tends to smooth out some of these
issues. For example, a court ruling or
legislative change could result in large cash payouts one year. Across many observations, these anomalies
tend to “average out”.
Table 14 Employer
Costs for Workers' Compensation Per $100 of Covered Wages, by State provides
a similar set of observations. The
figures in this table represent a cost for each state for each year based on a
standard $100 payroll basis. Note, the
values in Tables 12 and 14 are actual dollar amounts calculated against a
standardized $100 payroll base (essentially, a percentage expressed in dollar
terms). The values are standardized to the but not normalized,
that is, the values for each jurisdiction do not control for differences in
legislation, wages, industry, risk, demographic, or any other factors.
These two tables are limited in what they reveal about the
jurisdictions they describe. Together,
these tables are more akin to statements of cash flows against a common
denominator of $100 of payroll. Table 12
figures represent outgoing dollars to workers toward covering lost wages and
medical costs. Table 14 represents
incoming dollar amounts paid by employers (cash expenditures in a typical
financial statement) relative to the same $100 of payroll base. [Note: Source data for each states in these tables are
contained in the Sources
and Methods document on the NASI.org website].
Individually, these figures tell us nothing directly about
administration costs, sufficiency of reserves, return rates on investments or
system performance. At best, on an
individual jurisdiction basis, the ratio between the worker benefits paid and
employer cost figure for each year create an “observation pair” that can be tracked
over time, grouped with other observations from other jurisdictions and used in
analysis like this. The observation pair
ratio reports the proportion of premium income (employer cost paid for workers’
compensation coverage) that equates to cash payments made to workers. The complement of this ratio represents the
proportion of employer costs that are expended on things other than worker
benefits. This ratio is a cash-flow
rather than an actuarial calculation.
Any one observation or even a set of observations from one jurisdiction
has limited value because it does not track the full costs of any set of
claims. Across all states, like the
results for employers’ costs and worker benefits, the ratio provides a
reference amount that helps visualized the long-term relationship between
benefits and costs for workers’ compensation in the US. Disaggregating the national averages into the
three categories of insurance arrangements provides an opportunity to determine
if any of the insurance arrangements are associated with a higher or lower WBP/EC
ratio.
If the arrangement is irrelevant
then this ratio should be similar across the three categories.
Figure 1 in the NASI report summarized the aggregate data
from these two tables into points on in a timeseries chart. The reported line includes federal workers’
compensation. Disaggregating the
combined data for the five-year period into the Private, Competitive and
Exclusive categories and adding a line that excludes the federal results
produces the following:
The Competitive state fund jurisdiction category mirrors the
overall NASI totals for both worker benefits and employer costs. Removing federal employees from the NASI
total shifts both employer costs and worker benefit lines marginally
lower. The Exclusive state fund
jurisdiction category is associated with markedly higher worker benefits and
accordingly higher employer costs. The Private
insurance jurisdiction category tracks well below the average NASI result with
or without federal employees.
It is important to note that the points on the chart tell
only part of the story. The range of
employer costs and worker benefits per $100 payroll is very wide. For 2016, the range in worker benefits per
$100 payroll was $0.26 to $1.57 and employer costs ranged from $0.48 to $2.32.
AWCBC provides a publicly available data reporting tool that
allows for the extraction of data necessary to create similar ratios from the
provincial workers’ compensation system.
Using Key Statistical Measures 5.1-Benefits Paid During the Year ($
millions)($), 10-Assessment Revenue for Assessable Employers ($ millions)($),
and 12-Assessable Payroll ($ billions)($)for Canada for 2012 to 2016, values
for worker benefits and employer costs per $100 payroll were calculated and
added to the NASI data for comparison. Note,
for this analysis, worker benefits and employer costs related to federal
employees are excluded.
The Canadian results track higher than the US results for
both employer costs and worker benefits and are most similar to the results
from the US Exclusive state fund jurisdictions.
SafeWork Australia (safeworkaustralia.gov.au)
advises that similar data are not directly available for comparison.
Ratio of Worker
Benefits to Employer Costs
The primary source of cash paid to a workers’ compensation
insurer is through the premiums (and/or assessments) paid by employers. The primary outflows of cash are for worker
compensation (indemnity, permanent disability payments) and medical expenses
(including payments to physicians, hospitals and for medical-related expenses
including pharmaceuticals, physiotherapy, etc.) paid to workers or to healthcare and rehabilitation providers for their treatment and care. The NASI data expresses the worker benefits
paid and employer costs relative to $100 payroll, mitigating many of the
effects of system and jurisdictional economic differences. The ratio between the two is analogous to
the claims loss ratio often used as an indicator of the financial health of an
insurer. More complex ratios such as the
combined ratio require additional data not included in the NASI data set.
The ratio between these worker benefits paid and employer
costs per $100 payroll will differ from jurisdiction to jurisdiction and fluctuate
from year to year. Premiums are
generally prospectively determined while expenditures resulting from work injuries
are retrospective, covering claims that occurred from many past years. Economic cycles can also play a role in the
relationship between the benefit paid out and the premiums received.
There is no established benchmark or threshold for the
workers’ compensation benefits paid to employer cost ratio. While paid benefit to cost ratios are
frequently used in financial analysis, their applicability to workers’
compensation insurance are subject to the cautions and context outlined in the
NASI report (2018, page 41-45). One
possible comparator reference could be the Medical Loss Ratio for
healthcare insurance in the US.
The US federal Affordable Care Act of 2010 (ACA) set first
the Medical Loss Ratio (MLR) standard. The ACA-MLR standard requires insurers spend
at least 80% (85% for larger insurers) of
premium income on medical care and health care quality improvement. The
remainder of premium income is not constrained and goes to cover 20% (or 15%)
for administration, promotion, and shareholder profits. As noted earlier, there is no comparable
standard in workers’ compensation insurance.
In the absence of any other benchmark, the MLR may provide a reasonable external reference value.
Although workers’ compensation insurance medical benefits
expenditures now exceed other cash
benefit payments in the US [see NASI 2018,
page 20], workers’ compensation insurance covers more than medical and
healthcare-related costs. The multi-year
timeframe of more serious work-injuries may mitigate against a similar 80/20
rule. That said, the relatively narrow
range of observed ratios in the following analysis suggests a 75/25 split is
typical for workers’ compensation insurance.
The ratio between these two measures at the aggregate level
across all workers’ compensation systems in the US has fluctuated in a
relatively narrow range over time. Looking
at the historical data in the NASI report, the ratio between Employer Costs and
Worker Benefits has averaged 0.71 within a range of 0.54 to 0.88. The higher the ratio, the greater the
proportion of collected employer premiums go to worker benefits as opposed to
other costs (including administration, underwriting costs, advertising,
etc.). The ratio may be an indicator of
overall system efficiency.
Each pair of observations (Worker Benefits Paid and Employer
Cost) from the five years of data for the three categories of insurance arrangements
in the US, the Canadian Boards and a sample of Australian publicly underwritten
workers’ compensation insurers provide the data for the table at the top of
this post.
Note: The observations
from Arizona 2012 were omitted from the observation data for the US as the
state fund was transitioned to a private insurer Jan 2013. Arizona data 2013-2016 are included in the
private jurisdiction analysis. Data points
from Ontario 2013 and Prince Edward Island 2012 are omitted from the Canadian
observations because of incomplete data for those particular years.
As noted above, SafeWork Australia advises that
similar data are not directly available for comparison. Annual reports from the all but one of the
jurisdictions that fall into the exclusive category (Queensland, Victoria,
Comcare and South Australia, omitting New South Wales) do contain enough
information in roughly parallel financial statements to calculate a similar
ratio. Using 2012-2016 published results
from financial statements of cash flows and averaging the ratio of the workers’
compensation payments made (less recoveries) over premium income for each fund
and year produces a ratio of 0.76.
Payroll data was not stated in these annual reports, therefore, no cost
per $100 could calculated.
The Australian data excluded the value of the “employer
excess” applied in most jurisdictions (all jurisdictions in this sample except
Comcare). Employers are responsible for the direct payment of the first 5 days
(or 10 in Victoria) of time-loss or the initial set amount of medical cost
($667 in Victoria in 2016) that varies by jurisdiction. This value is excluded from the denominator
(employer costs) and the numerator (worker benefits). This sort of individual claim employer
deductible may contribute to a slightly higher ratio of benefits paid to
employer costs as many claims within the excess level end up being paid
directly by the employer.
The ratio between worker benefits and employer costs for
workers’ compensation jurisdictions in the US is trending lower than the
historical average, a possible indication of increasing costs of workers’ compensation
insurance beyond the main cost of worker compensation and benefits.
Exclusive and competitive state funds are associated with
higher worker benefits and consequently higher employer costs but the ratio
between worker benefits and employer costs for exclusive and competitive state
fund jurisdictions tracks higher than for jurisdictions served by private
insurers only. Canadian workers’
compensation boards have both higher worker benefits and employer costs than US
jurisdictions but have a WBP/EC ratio similar to US exclusive state funds. Australian data for a sample of publicly underwritten
schemes produces a ratio similar to the exclusive category in the US and to the
Canadian workers’ compensation boards, also in the exclusive category.
Concluding comments
The five years of data across US demonstrate higher ratios of workers’ compensation benefits to employer in jurisdictions with state funds. As a group, US exclusive state funds had the highest WBP/EC ratio with Canadian workers’ compensation boards and the sample of Australian publicly underwritten schemes closely behind. US Jurisdictions with competitive state funds were more similar to jurisdictions with private markets for workers’ compensation insurance for this ratio.
The apparent similarity of competitive state fund to privately underwritten workers’ compensation jurisdictions is somewhat expected. As competitors in the same market, both competitive state funds and their private counterparts face similar environmental factors. The cost of land, labour, systems, transportation, medical services, prescriptions, etc. are part of the operating context; tax status and unique features of the state fund mandate are the only things separating state funds from private provision competitors in their respective marketplaces. The slightly lower ratio for the private provision jurisdictions may relate to taxation effects that are diluted in the competitive state fund category by the market share held by the state fund. To the extent that competitive state funds may be intended to widen the competitive field of private insurers, as a group, competitive state fund jurisdictions appear to be very similar to the private category.
This analysis does not examine the underlying reasons for the observed differential. The not-for-profit nature, exempt tax status, and the economies of scale of exclusive state funds may be significant factors contributing to this association. This analysis did not address industry mix or benefit levels. Given that exclusive state fund jurisdictions often provide higher benefits than many of the private jurisdictions, it is also possible that the higher WBP/EC ratio is at least partially related to the efficiency of making larger payments per unit of administrative effort. Further research would be necessary to examine these possible explanations.
It is not clear why the category of jurisdictions without a state fund have significantly lower worker benefits paid than the other two categories with state funds. It may be that the existence of a state fund in the market is a cause or consequence of higher public interest in workers' compensation in these jurisdictions. Further research into this association is necessary.
The methodology applied to the Australian and Canadian data is analogous to but not identical to the NASI approach. The Australian data does not have payroll denominators for comparative calculations of worker paid benefits or employer costs per $100. Canadian values for these parameters may be higher than the NASI methodology determines for US jurisdictions because of differences in the denominator. Canadian jurisdictions rely on "assessable payroll", which is analogous to "reportable payroll" defined in many jurisdictions. Assessable or reportable payroll typically includes wages and other forms of compensation and remuneration but may also be subject to a "payroll limitation" or individual "payroll cap". If the definition of payroll used in these calculations captures all wages and compensation without limitation, the lower the dollar value of worker benefits paid and employer costs per $100 payroll. Conversely, a definition of assessable payroll that takes into account maximum insurable earnings, limitations or caps generates a denominator that is smaller than full payroll (wages and compensation). As a result, the worker benefit paid and employer cost per $100 payroll noted in the table for Canada appear higher. This topic requires additional research and may result in revisions if a common payroll definition applicable to both Canada and US can be devised and a reliable data source determined.
The selection of an insurance arrangement to further the public policy objective is not simply a matter of one measure nor is it necessarily a decision that is set in stone. As noted in part one of this series, jurisdictions have changed arrangements from time to time. By disaggregating the NASI data into exclusive, competitive and private insurance categories, the data suggest exclusive and competitive state fund arrangements for workers’ compensation insurance provide higher ratios of worker benefits paid to employer cost than the private insurance provision category. Data from Canada’s exclusive workers’ compensation boards and a sample of Australian publicly underwritten schemes produce similar ratios to the US exclusive state fund category.
What this analysis suggests is that insurance arrangements are worth considering in comparative analysis. Jurisdictions may find benchmarking against other insurance arrangements in the same category provides additional insights and more accurate assessment of their performance. The insurance arrangement lens may be useful to policy makers and stakeholders in evaluating system performance and considering alternatives to their own public policy.
This analysis looked at worker benefits paid, employer costs, and the ratio between these two measures. Other parameters such as worker outcomes, denial rates, appeal or litigation rates, and stakeholder satisfaction may also be examined in a similar fashion in future research.
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