The Orson Group
Orson Group
Field ReportJune 24, 2026 · 4 min read

Workers Comp Soft Market: Your Mod Is Still Moving

Ivans shows workers' comp renewals down 1.31% in May. That can make EMR creep look harmless, right when NCCI's reserve cushion is shrinking.

Traci at The Orson Group
By TraciThe Orson Group
Field Report
−1.31%
Workers' comp renewal rate change, May 2026
Ivans Index May 2026
At a glance

The workers comp soft market can hide EMR creep because renewal premiums are still falling. Ivans reported a −1.31% workers' comp renewal rate change in May 2026 (Ivans, June 2026), while NCCI put the 2025 accident-year ratio at 102% and reserve redundancy at $14B (NCCI, May 2026). The renewal looks calm; the bid number is not.

Workers comp soft market pricing is giving some contractors cover. That is the problem.

The May 2026 Ivans Index put workers' comp renewal rate change at −1.31%, up only slightly from −1.35% in April (Ivans, June 2026). A flat renewal feels like proof that the file is healthy. It may only prove the market is absorbing the damage.

For a Southeast construction CFO, that distinction matters. The Experience Modification Rate (EMR, also called the mod) is not just a premium factor. It is a prequalification number. DOL's February 26, 2026 independent-contractor proposal closed for comment April 28 (DOL, February 2026). A moderate comp renewal can look like one less problem. It isn't.

The Workers Comp Soft Market Is the Cover

Ivans said its index measures the premium difference year over year for a single consistent policy and analyzes more than 120 million data transactions (Ivans, June 2026). The May data came from a network described as more than 38,000 agencies and 700 carriers and managing general agents (Ivans, June 2026).

Michael Streit of Ivans called Q1 a market of "commercial rates continuing to soften" (Ivans, April 2026). Every other tracked line was positive in May, from 4.96% commercial auto to 8.01% umbrella (Ivans, June 2026). Workers' comp was the exception at −1.31%.

That exception lets weak files look better than they are. A contractor with a slipping mod can still see a tolerable renewal because base pricing, payroll mix, or carrier appetite is doing the smoothing. The bill stays calm. The bid number moves anyway.

In our reviews of Southeast contractor worksheets, the dangerous account is not always the one getting a hard renewal. It is the one getting a reasonable renewal while open claims, stale reserves, or payroll assignment noise keep feeding next year's mod. The soft market buys time. It doesn't erase the experience period.

Your Prequalification Number Moves on a Delay

NCCI (National Council on Compensation Insurance) explains that experience rating usually compares the latest available three years of payroll and loss data to similarly grouped employers (NCCI ABCs of Experience Rating, 2025). For a January 1, 2026 mod, NCCI's public example uses policy periods effective January 1, 2022 to January 1, 2025 (NCCI ABCs of Experience Rating, 2025).

Today's renewal is not today's clean slate. NCCI also says the current policy is generally not used because the mod is calculated 60 to 90 days before the rating effective date and carrier data is not required until 18 months after policy inception (NCCI ABCs of Experience Rating, 2025). The file follows you after the cash flow moment has passed.

This is where competitors split. One treats the −1.31% renewal as a win and moves on. Another uses the same soft market to clean the number that will be shown to owners, sureties, and general contractors after the market turns.

A renewal premium can be negotiated. A published mod has less room for explanation once it is on the worksheet. When a bid package asks for EMR history, the soft renewal is not the answer.

The Reserve Cushion Is Shrinking at the Margins

The soft market is thinning.

NCCI's 2026 State of the Line Guide reported a 91% calendar-year combined ratio for workers' comp in 2025, which still shows underwriting profitability (NCCI, May 2026). The same guide put the 2025 accident-year combined ratio at 102% (NCCI, May 2026). Current policies did not pay for current losses on their own.

The bridge between 91% and 102% is prior-year reserve development. NCCI estimated workers' comp reserve redundancy at $14B for 2025 (NCCI, May 2026). The 2025 State of the Line Guide put the prior year's redundancy at $16B (NCCI, May 2025). A $2B decline is 12.5% of the prior cushion. Not a collapse. A tell.

The loss drivers are also less forgiving. NCCI estimated lost-time claim frequency declined 2% in 2025, while medical severity and indemnity severity each rose 4% (NCCI, May 2026).

That is why a flat renewal can be a false signal. Carriers can still compete while reserve releases support the calendar-year result. As that support narrows, the underwriter has less reason to excuse an elevated mod into a tougher market.

The Dollar Difference Shows Up Quietly

On $500,000 of expiring workers' comp premium, a −1.31% market move is $6,550 of relief. It is also small enough to hide a worse number underneath.

A few EMR points can outrun that market relief on the same account. Three points against $500,000 of manual premium is $15,000. The contractor sees the renewal first. The owner sees the mod.

That is the competitor's cover. In a soft market, everyone with a passable story gets some benefit from the cycle. The advantage goes to the contractor who makes the worksheet defensible before pricing hardens, not the contractor who waits for the renewal to hurt.

What an audit would check

An audit checks whether the EMR being carried into prequalification reflects accurate payroll, classifications, claim values, recovery credits, and experience-period timing. It tests whether the number owners see is the number the file supports. In a soft market, that is preparation, not cleanup.

Before the next renewal makes the problem obvious, send us your NCCI worksheet and we'll review whether your prequalification number is quietly drifting.

Common Questions

Frequently asked

What does the workers comp soft market mean for contractors?

It means renewal pricing can stay mild even when the file is not improving. Ivans reported a −1.31% workers' comp renewal rate change in May 2026 (Ivans, June 2026). That market relief can mask EMR creep, especially when open claims or stale reserves are still inside the experience period.

Why can my EMR rise if my renewal premium is flat?

Premium and EMR move on different clocks. NCCI says the mod usually uses the latest available three years of payroll and loss data, and the current policy is generally not used in the calculation (NCCI ABCs of Experience Rating, 2025). A carrier can price a renewal softly while older losses still raise the next mod.

Why does reserve redundancy matter to my next workers' comp renewal?

Reserve redundancy has helped workers' comp calendar-year results look better than current-year underwriting. NCCI put redundancy at $14B for 2025, down from $16B the prior year (NCCI, May 2026). As that cushion shrinks, carriers have less support for forgiving weak mods or volatile loss histories.

What should a Southeast construction CFO watch before the market hardens?

Watch the EMR before the renewal bill. NCCI reported a 102% accident-year combined ratio for 2025 while the calendar-year result stayed at 91% (NCCI, May 2026). That gap says current underwriting pressure is already present. A mod audit checks whether your bid number reflects the actual file.

Find Out If Your Mod Is Wrong

Upload your NCCI experience rating worksheet. We'll review it at no cost. If we find errors, you only pay when we recover your money.

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