Why it matters:

Misclassifying workers incorrectly is one of the most common-and expensive-mistakes contractors make. Whether it’s assigning clerical codes to field workers or lumping all employees into a single category, misclassification can result in denied claims, audit penalties, backdated premium increases, or even regulatory fines. Insurance carriers determine your workers’ comp rates based on the risk level associated with each job duty, so accuracy matters.

Avoid it:

Conduct regular reviews of employee job duties with your insurance broker, especially when roles change or new services are added. Make sure you're using the correct class codes as defined by your state’s rating bureau or NCCI. When in doubt, ask your broker to help you confirm classifications before a policy is issued—or audited.

Why it matters:

If a subcontractor doesn’t have their own active workers’ comp policy, your business could be held liable for their injuries. This often results in surprise audit charges or even denied claims. Not collecting COIs can inflate your payroll exposure and raise red flags during audits.

Avoid it:

Always request and verify up-to-date COIs for every subcontractor before they step on site. Keep copies of COIs for your records and set calendar reminders to follow up on expirations. Your insurance broker can also help you implement a subcontractor tracking system.

Why it matters:

Lack of documented safety programs and training can increase the likelihood of injuries and inflate your experience modification rate (MOD). Worse, in the event of a claim, you may have no proof that the employee was trained or informed about safety protocols.

Avoid it:

Implement a written safety program and hold regular toolbox talks. Track all meetings with sign-in sheets, digital logs, or training certificates. Consistent documentation strengthens your defense in claims and can improve your risk profile over time. No documentation = no defense in the event of a claim.

Why it matters:

Audits can result in unexpected charges if your documentation is incomplete or payroll was underreported. Many contractors are caught off guard by audit bills when their paperwork doesn't match their policy projections. Surprise bills happen when records are missing.

Avoid it:

Organize payroll, timecards, and subcontractor info before the audit. Keep detailed payroll records, subcontractor agreements, timecards, and COIs. Meet with your insurance advisor before the audit to conduct a pre-audit review and address any potential issues before the auditor finds them.

Why it matters:

Your MOD rate directly affects your premium—it’s essentially your safety scorecard. A high MOD means your business is viewed as riskier, resulting in higher insurance costs. A poor MOD can also disqualify you from bidding on certain projects. A high MOD can cost thousands in higher premiums.

Avoid it:

Understand what impacts your MOD, including claim frequency, severity, and your company’s payroll. Ask your broker to walk you through your MOD worksheet and develop a plan to improve it with better safety practices, return-to-work programs, and prompt claims handling. Monitor your MOD, track claims, and improve your safety culture.

Why it matters:

Injured employees who remain off work longer increase claim costs, which affects your MOD. Without a formal return-to-work policy, claims can remain open longer than necessary, increasing the total payout and your future premiums. Long absences = costly claims and higher MODs.

Avoid it:

Create a simple return-to-work program with light-duty options. Communicate expectations to employees ahead of time so they understand how the process works. Partner with medical providers who support transitional work opportunities. Offer modified duties to get injured workers back to work sooner.

Why it matters:

Lack of clarity in job roles can make it harder to assign accurate class codes and defend claims. It also leads to miscommunication during hiring, onboarding, and training, increasing the risk of accidents. Unclear duties lead to incorrect classification.

Avoid it:

Keep written, detailed job descriptions and ensure they match the actual work being performed. Review and update them regularly. This helps with proper classification, audit defense, and onboarding consistency. Make sure you have clear, written job descriptions.

Why it matters:

Poor Timekeeping records can end up hurting you. Without accurate time records, you could face premium increases during audits or complications during claims. Carriers may default to higher-risk classifications if they can’t clearly separate duties. Without clean records, audits become costly.

Avoid it:

Use a reliable time tracking system that clearly separates work by classification. Digital timekeeping apps can provide timestamps, geo-tags, and job cost codes to support audit accuracy. Use a system that tracks hours by classification and task.

Why it matters:

Poor Claims Management, delayed or mismanaged claims can result in higher reserves, longer employee downtime, and more expensive MOD rates. Employers who take a hands-off approach often pay more overtime. Late reporting increases claim costs and red flags.

Avoid it:

Report all incidents promptly, no matter how minor. Maintain open communication with injured employees. Follow up with your insurance carrier or TPA and track claims to closure. Work with a broker who supports proactive claims advocacy.

Why it matters:

Most insurance agents don’t specialize in the Construction Industry. Workers' comp is complex—especially in construction. A generalist insurance agent may miss key exposures, costing you more in the long run. They may not know how to leverage safety programs, return-to-work strategies, or MOD improvement tactics.

Avoid it:

Partner with an agency that specializes in workers' comp for contractors and understands your industry inside and out. A knowledgeable insurance advisor can help you avoid costly mistakes and build a safer, more insurable business. Choose a broker who specializes in Workers’ Comp for contractors.