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workers comp

How do I dispute a workers comp premium audit?

A workers compensation premium audit determines your final premium based on actual payroll, subcontractor costs, and class code assignments from the policy period. When the audit results in a bill significantly higher than your deposit premium, you have the right to dispute it — and for roofing contractors, audit disputes are common because of the complexity of sub payroll, class code splits, and seasonal workforce fluctuations.

Understanding What Triggered the Adjustment

Before you dispute, you need to understand why the audit came in higher than expected. The three most common reasons for roofing contractors are: uninsured subcontractor payroll being added to your policy (the auditor treats their labor costs as your payroll if they lack certificates of insurance), misclassification of clerical or sales employees into the roofing class code 5551, and actual payroll exceeding the estimates you provided at policy inception. Request the audit worksheet from your carrier — this document breaks down exactly how they calculated the additional premium. You cannot effectively dispute what you do not understand.

Grounds for Dispute

Legitimate grounds for disputing an audit include:

The Dispute Process

Start by contacting your insurance broker and requesting a formal audit revision. Your broker submits a written dispute to the carrier's audit department with supporting documentation: corrected payroll records, subcontractor certificates, time records for dual-wage employees, and officer exclusion elections. The carrier has 30 to 60 days to respond in most states.

If the carrier denies your revision request, you can escalate to your state's workers compensation rating bureau (NCCI in most states, or your state's independent bureau in monopolistic states like Ohio, Washington, Wyoming, and North Dakota). File a formal audit dispute with the bureau, which will review the classification assignments and payroll calculations independently. NCCI charges a nominal filing fee, typically $100 to $250.

Preventing Future Audit Surprises

The best audit dispute is the one you never have to file. Maintain a subcontractor certificate tracking system and collect updated certificates before they expire. Keep payroll records separated by class code with supporting documentation. Report payroll accurately at policy inception — underestimating to reduce your deposit premium guarantees a large audit bill. Consider pay-as-you-go workers comp programs that adjust premiums monthly based on actual payroll, eliminating the year-end audit shock.

If your audit adjustment exceeds $10,000, engage your broker immediately. The statute of limitations for disputing audits varies by state but is typically 30 to 90 days from the audit billing date. Missing that window forfeits your right to challenge the charges.

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