Posted by David J. McMorris and Christian Uehlein on Aug 19, 2014 9:13:32 AM


justice2Thornton Law Firm has recently brought several class action cases against national insurance companies, charging that they have systematically cheated employers for many years by overcharging them for workers compensation premiums. It is normal for a workers compensation insurer to increase an employer’s premiums after an injured worker makes a claim, just as you would expect an increase on your automobile premiums following a car accident.

But our investigation has exposed a scheme whereby these insurers overcharge employers for workers compensation premiums even when the insurer has recovered some or all of the money they paid out on the claim from another source.  The insurer is legally obligated to report the recovery to a ratings bureau, and in many instances reduce or refund premiums. Instead, insurers are pocketing the recovery and continuing to overcharge the employer for premiums. The increased premiums occur when the employer’s experience modification rating, known as ex-mod, increases.  An increased ex-mod may also result in costly surcharges to the employer in addition to the higher premium.  In Massachusetts one such surcharge is called an ARAP (All Risk Adjustment Program).

Thornton Law Firm suspects this practice goes beyond the insurers we have sued. If you believe you have been overcharged by your workers compensation insurer, we offer free and confidential audits to employers who want to assure that it is not happening to your business.  You can contact our Boston experience modification lawyers David McMorris ( or Christian Uehlein ( or by calling us at our toll-free number 888-491-9726 to learn more about our workers compensation experience modification rating audits.