Workers’ Compensation & Employers’ Liability Insurance

1. Workers’ Compensation & Employers’ Liability Insurance • Types of Injuries • Illinois WC Benefits • Workers Comp and Employers Liability Policy • WC Pricing Environments • Rating Plans for WC Policies • Industry Trends

2. Types of Injuries • Fatal • Permanent Total • Permanent Partial • Temporary Total • Medical Only

3. Illinois WC Benefits State Average Weekly Wage (SAWW) = $747.48 Survivors’ Benefits Burial Benefit: $4,200 66 2/3% of AWW w/ COLA Min Weekly Benefit: Lesser of $373.74 or AWW Max Weekly Benefit: $996.64 Max Lifetime: Greater of $250,000 or 20yrs Remarriage “Award”: 2yrs Lump Sum w/o children

4. Illinois WC Benefits (continued) Permanent Total Disability 66 2/3% of AWW w/ COLA Min Weekly Benefit: Lesser of $373.74 or AWW Max Weekly Benefit: $996.64 Max Lifetime: Unlimited Temporary Total Disability 66 2/3% of AWW 3 Workday waiting period/14 day retroactive period Min Weekly Benefit: Lesser of $113.40* or AWW Max Weekly Benefit: $996.64 *Assumes Married, 2 children

5. Illinois WC Benefits (continued) Permanent Partial Disability 60% of AWW Min Weekly Benefit: Lesser of $88.90* or AWW Max Weekly Benefit: $541.23 or $996.64** Duration: Non-Schedule: % of disability * 500 wks Schedule: Thumb 70 wks Hand 190 wks Foot 155 wks Leg 200 wks Hearing Both Ears 200 wks *Assumes Married, 2 children **$996.64 paid if amputation or enucleation occurs

6. Illinois WC Benefits: Example An employee is injured at work while performing his job duties. His medical bills are $400. His average weekly wage is $1,540. He is totally disabled for 13 calendar days (9 workdays). Assuming the injury is covered by workers’ compensation law, how much will paid in benefits?

7. Illinois WC Benefits: Example 66 2/3% of his AWW = $1,026.67 Max benefit for TTD = $996.64 He will receive benefits for 6 workdays (9 workdays minus 3 day waiting period. 1.2 weeks * $996.64/week = $1,195.68 $400 for medical expenses TOTAL: $1,595.68

8. Workers Compensation and Employers Liability Insurance Policy Information Page General Section Part One - Workers Compensation Insurance Part Two - Employers Liability Insurance Part Three - Other States Insurance Part Four - Your Duties if Injury Occurs Part Five - Premium Part Six - Conditions

9. Information Page 1 Describes insured 2 Shows coverage period 3 Summarizes coverages 4 Premium estimate Classification, estimated payroll, rate

10. General Section The Policy Who is Insured Workers Compensation Law State Locations

11. Part One - Workers Compensation A. How This Insurance Applies Bodily injury by accident must occur during the policy period Bodily injury by disease must be caused or aggravated by conditions of your employment. The employee’s last day of exposure to the conditions causing or aggravating such bodily injury must occur during the policy period. B. We Will Pay Benefits required by workers compensation law C. We Will Defend D. We Will Also Pay Insured’s expenses Bonds and interest on judgments

12. What is “Workers Compensation Law”? • What WC Law is: • WC Law in each state listed in Item 3A • Any amendments to the law during the policy period • What WC Law is not: • Federal WC Law • Federal occupational disease law • Any law that provides nonoccupational disability benefits

13. Part One - continued E. Other Insurance F. Payments You Must Make Payments in excess of regular benefits required because: Serious or willful misconduct Hiring an employee in violation of law Failure to comply with safety regulations Discharge, coerce or discriminate against employee G. Recovery From Others H. Statutory Provisions Your default or the bankruptcy or insolvency of you or your estate will not relieve us of our duties under this insurance after an injury occurs.

14. Part 2 -Employer Liability Insurance • Need for coverage • Third-party-over suits • Care and loss of services • Consequential bodily injury • Dual capacity • Exclusions • Outside the US or Canada • Liability assumed under contract • Punitive damages for illegally employed person • Bodily injury intentionally caused by insured • Damages from employment practices

15. Part 2 -Employer Liability Insurance • Exclusions (Continued) • USLH & Extensions • FELA • Injuries to members of the crew of any vessel • Limits of Liability • Basic Limits • $100,000 – BI by Accident, Each Accident • $100,000 – BI by Disease, Each Employee • $500,000 – BI by Disease, Policy Limit • Increased limits can be obtained for additional premium • NY – Unlimited EL Coverage

16. WC and Employers’ Liability Policy Part 3 - Other States Insurance Part 4 - Duties If Injury Occurs Part 5 - Premium Recordkeeping requirements Adjusted premiums Part 6 - Conditions Inspection Assignment Cancellation

17. Pricing Environments • Administrated Pricing • Rates are filed by Rating Bureau • Carriers may be permitted to deviate from rates • Competitive Pricing • Rating Bureau files “Loss Costs” • Carriers load in their own expenses & loss experience adjustments

18. Rating Plans for WC Policies • Guaranteed Cost • Loss Sensitive • Retrospectively Rated Policies • Large Deductible Policies

19. Components of a WC Premium Manual Premium (Exposure * Rate) Employers Liability Increased Limit Experience Credit/Debit Schedule Credit/Debit Contractors Classification Premium Adjustment Program (CCPAP) Balance to Minimum Premium Premium Discount Expense Constant

20. Retrospectively Rated Policies • Final Premium Determined by Insured’s Losses and insurer’s expenses • Losses are valued @ 18 months and every 12 months afterwards • Optional Min and Max Premium • Optional Per Loss Capping

21. Large Deductible Policies • Deductibles of $100,000 per claim or greater • Policy aggregates can be available • Insurer pays first then recovers from insured • Insurer or TPA handles claims • Cash Flow Advantages • Reduced Tax Liability

22. Industry Trends • Flat Loss Costs • Frequency Decrease • Hardening of Insurance Market • Terrorism Exposure • Assault on Exclusive Remedy • Future of California WC???

23. Industry Accident Year Results