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Agent Questions  |   Employer Questions

 What is the Special Fund Assessment?

The Special Fund Assessment is imposed by the Commonwealth of Kentucky to fund and pre-fund the liabilities of the Special Fund and help finance the state workers’ compensation program (including the Kentucky Department of Workers’ Claims and portions of the Kentucky Department of Labor).

Insurance carriers are required by Kentucky statute to add the Special Fund assessment to the total premium charged to an employer for workers’ compensation coverage. The full amount of the assessment is transferred by the carrier to the Kentucky Workers’ Compensation Funding Commission on a quarterly basis.

 How can coal companies obtain their "Drug-Free Workplace" Certification to be eligible for a 5% premium credit?

A company that is a licensee of the Office of Mine Safety and Licensing (OMSL) can submit a written copy of their drug free work place program to OMSL for certification. To learn more about the certification process, click here. If the program is certified by OMSL, then the company must submit proof of the certification to KEMI in order to receive a 5% credit on their workers' compensation insurance premium. The program and certification must remain in place the entire policy term to earn the premium credit.

 How can a business obtain their "Drug-Free Workplace" Certification from the state of Kentucky to be eligible for a premium credit through KEMI?

Applications for certification of the drug-free workplace are currently being accepted by the state of Kentucky. To learn more about this certification, click here. If the program is certified by the state of Kentucky, the business must submit proof of the certification to KEMI to receive a credit on its workers’ compensation premium. The program and certification must remain in place for the entire policy term to earn the premium credit.

 How is the class code determined?

Classification codes are established by the National Council of Compensation Insurance (NCCI). The classification system is designed to group employees with similar exposures (risk of injury) into the same classification. There are approximately 600 classifications describing various operations. Each business is assigned a governing class that best encompasses the primary exposures faced by a company. It is important to note that classification codes are assigned based upon the business operations of the insured, and not the duties of individual employees within the business. If you have questions concerning class codes, please contact KEMI’s Underwriting Department.

 What constitutes a complete submission?

  • Fully completed Acord 130 or Online Application via KEMI.com
  • Five years of currently valued loss runs from the previous carrier if prior coverage existed.
  • Last three completed payroll audits (if previously insured by a self-insured group fund)
  • Corporations and Limited Liability Companies must be active, and in good standing, with the Kentucky Secretary of State.
  • Federal identification (FEIN) numbers are required for businesses operating as Partnerships, Corporations and Limited Liability Companies.

For coal mine submissions, the following forms are also required (forms require Adobe Acrobat Reader and open in separate window, please have pop up blockers disabled):

In the event multiple submissions are received, the agency submitting the first complete submission will be recognized as the Agent of Record.

 On what date does the policy become effective?

Only KEMI can bind coverage. Agents do not have authority
to bind coverage on behalf of KEMI.

Coverage will be bound no sooner than 12:01 a.m. on the day specified below contingent upon receipt of the following prior to the earliest effective date indicated: properly completed applications, compliance with all underwriting requests/requirements and required premium.

1. If post office postmark -- the date following postmark.
2. If postage meter -- the date received by KEMI.
3. If carrier other than U.S. Mail -- the date received by KEMI.
4. If hand delivered by agent, applicant, or courier -- the date following date received by KEMI.
5. If submitting an online application -- the date after submission.

 What are KEMI's payment plan options?

Applicants may be eligible for a payment plan. If an applicant is interested in a payment plan, please contact KEMI's Underwriting staff.

Can an employer be charged for outside labor and subcontractors?

The Kentucky Workers' Compensation Act requires an employer to provide coverage to employees, including employees of any uninsured subcontractor. KEMI will collect premium from the employer for anyone considered to be an employee or an employee of an uninsured subcontractor.

We will not charge premium for an individual deemed to be an independent contractor. These individuals are not covered under the Act. A KEMI underwriter or auditor will gather information in an effort to determine if an individual meets the standards to be considered an independent contractor.

For more information on the audit process, contact KEMI’s Audit Department.

 What is a KEMI independent contractor questionnaire?

The independent contractor questionnaire (ICQ) is a tool utilized by KEMI to assist in the determination of an employment relationship.  Note: the KEMI Independent Contractor Questionnaire is merely a tool. It is not a waiver or substitute for coverage. Filling out and signing the form does not mean you are considered an independent contractor.

Click here for the Independent Contractor Questionnaire (requires Acrobat Reader to view).

 Are employees covered while working in another state?

The KEMI workers’ compensation policy provides coverage for Kentucky benefits as provided by the extraterritorial provisions of the Kentucky Workers’ Compensation Act, KRS 342.670.

 What payroll does an employer use for included sole proprietors, partners or corporate officers?

Effective January 1, 2018, the payroll amount for an included sole proprietor, partner, or member of an LLC is $43,400. For included officers of a corporation, the minimum payroll is $44,200; the maximum payroll is $171,600. These amounts are based on NCCI Basic Manual Rules and are subject to change.

 What is required to obtain a copy of the policyholder audit worksheets?

To request audit worksheets, submit one of the following:

  • Written request signed by an officer/owner of the business; or
  • A completed Audit Worksheet Release Form signed by an officer/owner of the policyholder

 What is needed to cancel a policy?

To request policy cancellation, submit one of the following:

  • Completed Acord Form 35 - Cancellation Request/Policy Release
  • Written notice which should include the effective date of cancellation and the reason for cancellation. The notice must be signed by an officer/owner of the policyholder; or
  • Click here and complete the KEMI Policy Cancellation Request Form 

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