The Orson Group
Orson Group
Field ReportMay 22, 2026 · 4 min read

Construction Labor Shortage Is Quietly Inflating Your EMR

94% of contractors report unfilled craft positions. When the labor gap pushes inexperienced workers into high-hazard roles, claim severity rises, and those losses land directly on your mod worksheet.

Traci at The Orson Group
By TraciThe Orson Group
Field Report
94%
Contractors reporting hard-to-fill craft worker openings, 2025
AGC 2025 Workforce Survey
At a glance

The construction labor shortage pushes inexperienced workers into high-hazard roles faster than safety programs can compensate. First-year employees account for 44% of construction workers' comp injuries and 47% of claim costs (Travelers, 2026). Those losses sit on a contractor's mod worksheet for three years. With construction medical severity up 13% (NCCI, 2026), the labor gap feeds the mod formula from both sides: more frequent claims and costlier ones.

Ninety-four percent of contractors reported hard-to-fill craft worker openings in 2025 (AGC Workforce Survey, August 2025). ABC projects the industry needs 349,000 net new workers this year just to meet current demand (ABC, January 2026). Most of the construction labor shortage coverage focuses on project delays. Wage pressure. Scheduling headaches.

Almost nobody talks about the place it shows up in actual dollars every year: your workers' comp mod.

Your experience modification rate (EMR, also called "the mod") is a three-year rolling score. NCCI (National Council on Compensation Insurance) compares your actual claim losses to what it expects for employers of your size and trade. When losses run higher than expected, the mod rises. When the workforce filling your jobs changes, the loss profile changes with it.

The Scale of the Gap

The ABC figure isn't hypothetical. It represents the gap between projected construction spending and the available labor pool after accounting for retirements, departures, and training pipeline output (ABC, January 2026). The 2025 projection was 439,000. The lower 2026 figure reflects softening demand, not an improving supply of workers.

The people filling that gap are, by definition, newer to the industry or newer to their current employer. BLS data puts the construction fatality rate at 9.2 per 100,000 full-time equivalent workers, nearly three times the all-industry average of 3.3 (BLS Census of Fatal Occupational Injuries, February 2026). Construction is already the most hazardous major industry for workplace fatalities. The labor shortage doesn't change the hazard profile. It changes who's exposed to it.

The Construction Labor Shortage Is a Mod Problem

Travelers' 2026 Injury Impact Report, built from over a million indemnity claims, puts a number on this: 44% of construction workers' comp injuries involve first-year employees (Travelers, May 2026). Those workers account for 47% of construction claim costs and face the longest average recovery of any industry.

That recovery time generates the claim dollars sitting on your mod worksheet for three full years. A single lost-time claim on a new hire in a high-hazard class code can shift your mod five to 15 points, depending on your payroll base and the state split point. Multiply that by the structural reality that nearly half your construction claims come from first-year workers. This isn't an HR problem that occasionally touches workers' comp. It's a mod problem with HR symptoms.

What makes it harder to see: the new hires generating these claims aren't necessarily unskilled. Many bring years of trade experience from other employers. But site-specific knowledge gaps, unfamiliar crew dynamics, and incomplete orientation to a particular employer's protocols create exposure that technical skill alone doesn't cover.

Severity Is Eroding What Frequency Gained

NCCI's 2026 State of the Line data shows construction lost-time claim frequency declining roughly 40% since 2015 (NCCI 2026 SOL Guide). That's a real safety improvement. But construction medical claim severity rose 13% in Accident Year 2024, more than three times the all-industry average of 4% (NCCI 2026 SOL Guide).

The labor shortage is one force behind that severity gap. Workers unfamiliar with site conditions don't just get injured more often. They tend to get injured more seriously, and their claims are more likely to cross the split point into full primary-layer exposure on your worksheet. We typically see this pattern in Southeast contractor worksheets where headcount grew quickly in a single year: fewer total claims, but heavier ones, and a mod that drifts upward despite the frequency improvement.

Fewer claims. Each one more expensive. For individual contractors, the severity trend can undo years of frequency improvement in a single bad policy period.

What an Audit Would Check

An audit looks at whether the claims sitting in your experience window are correctly classified, correctly reserved, and correctly valued relative to actual outcomes. A new-hire claim coded to the wrong class code distorts the actual-to-expected ratio that drives the mod calculation. A reserve set at an initial estimate that wasn't revised after the worker returned sooner than projected inflates your mod for the remaining policy years in the window. Those errors are more common during periods of rapid hiring, when onboarding paperwork and claim-reporting workflows are under the most strain.

Send us your NCCI worksheet and we'll show you what the labor market is doing to your mod.

Common Questions

Frequently asked

How does the construction labor shortage affect workers' comp costs?

The shortage fills open positions with workers who are newer to the industry or newer to the employer. First-year employees account for 44% of construction WC injuries and 47% of claim costs (Travelers, 2026). Those claims sit on a contractor's experience modification worksheet for three years. Higher claim frequency and severity among inexperienced workers push mods up, which directly multiplies the premium a contractor pays.

What percentage of construction injuries involve first-year workers?

Forty-four percent, according to Travelers' 2026 Injury Impact Report analysis of over a million indemnity claims. Those first-year workers also account for 47% of construction compensation claim costs. The consistency of this finding across five years of data suggests a structural pattern tied to workforce turnover, not a one-time spike.

Does hiring more workers raise your experience modification rate?

Not automatically. Hiring increases your payroll, which adjusts the expected losses in the mod formula. What raises the mod is when actual losses outpace those adjusted expectations. Rapid hiring often brings workers unfamiliar with site-specific hazards, which increases both claim frequency and severity. The mod reflects that loss experience over three years, not the headcount itself.

Why is construction claim severity rising while frequency falls?

NCCI's 2026 State of the Line shows construction medical severity up 13% in Accident Year 2024, while lost-time frequency continued its long decline. Multiple factors drive the divergence: medical cost inflation, longer recovery times on more complex injuries, and a growing share of workers less familiar with site-specific hazards. Severity gains can offset or exceed frequency improvements in the experience rating formula.

Find Out If Your Mod Is Wrong

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