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Workers Compensation Wrong classification!


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I don’t know how other state workers compensation insurance works, but NY stinks. It has become a battle every year to get my service advisors and manager properly classified. NY lumps them into the technician classification, which is vastly more costly and raises my workers comp insurance.

 

I am curious, how do other states classify service advisors and managers?

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  • 2 years later...

Boy I am steaming about our "so called" workman's comp in Washington. It is a government run monopoly. We have 2 Techs and a service writer and we paid $15,000 last year. We had a guy have rotator cuff surgery 2 years ago and one bogus claim 5 years ago and we are getting hammered. They treat us the same as NY if the service writer walks through the shop we have to pay the big premiums.

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I pushed the local trade organization to have a meeting with New York Compensation Board. It was held this past November. It was in NYC. We met with the board. I as among a few shop owners and also insurance carriers. We presented our case, and the board just sat there as if we were speaking a different language. They could not or did not want to understand our position. I have three service advisors that are being charged as mechanics. Is that fair? I took photos of my shop, showed them where the service area is and how it is separated from the shop and handed them job descriptions, which they refused to take!

 

The said that to reclassify would cost more money. More money? How? I said! They said that if they take the people off that are now service advisors, there would be less money in the fund? They have no clue to the fact that shops ADD service advisors as they grow. The number of mechanics stay the same and service advisors are not subjected to the same hazards as mechanics.

 

This is a hot topic and I can feel my blood pressure once again rising!

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I did not know anything about how these insurance companies worked, they kept telling me about the law this, the law that. They always told me to talk to a lawyer, the lawyers charged me but I did not get answers that would satisfy my questions.

 

My mentor told me that I should learn about the law, and here, check this place out.

 

http://www.HowToWinInCourt.com?refercode=CH0002

 

I took the course with the purpose of what the law was about, and came away with a complete understanding of how the law is manipulated to benefit those that know how to use the law against those that do not know the law.

 

Very good course that may answer many questions on how the insurance companies do business.

Edited by HarrytheCarGeek
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I wanted to add to the above comments how I had my service writer and bookkeeper reclassified as office personnel.

 

I wrote an affidavit of support stating the fact those individuals are not mechanics and do not work on vehicles.

 

I serve notice on my worker's comp provider of that fact and attached my affidavit of support.

 

Those workers were reclassified, and the premiums adjusted accordingly.

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Three years ago the BWC did an audit of my classifications and I was able to keep my two service advisors classified as office personel. Although they didn't give me reason, looking back on my audit exit notes I believe the following influenced their decision.

 

1] My service advisors share an enclosed office behind the counter where they both have their own desks.

 

2] My service advisors wear different unforms than my techs.

 

3] My techs are all ASE certified where my advisors are not.

 

4] My techs are not at all involved in selling the customer.

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Update: This past November I was part of a committee which included a few shop owners and the Service Station's Dealers of Greater New York (an Auto trade organization). We met with the NY Compensation Board to explain to them why we are asking for a separate Service Advisor classification. Well, we just heard that we got denied.

 

Their reasoning, (and please keep control of your temper): The board said the business defines the position and therefor the classification, it's not the position that defines the classification. In other words, just because we hire someone as manager or service advisor, it still involves (according the board) repairing and servicing cars, and they must all be lumped into the same classification.

 

Are these people even on the same planet as we are??? If I hire someone to answer the phones and speak to customers that are having their cars repaired, do billing and help write up work orders, this person is subjected to the same potential hazards as a mechanic? This is insanity on the highest level.

 

We have another meeting scheduled in May, but I am not too optimistic. I will keep everyone update. In the meantime, shops like mine are paying a lot more money on workers comp than it should!

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I understand what you are going through. I am in the same boat; Three service writers being charges as mechanics. The workers comp board and the government have no clue the difference between and service writer and a mechanic.

 

Tomorrow is the appeals hearing with the workers comp board in New York. I will testify and do my best. But we all need to contact our elected officials and explain to them the difference between a mechanic and a service writer. It's hard enough today to run a business, without the added cost of unnecessary workers comp insurance.

 

What are you going to do, raise prices to offset the increase in workers comp?????

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