How Does a Workers’​ Comp Waiver of Subrogation Affect Your Business?

It is very common for the insurance requirements in a construction contract to include a provision requiring the subcontractor to waive all rights against the owner and general contractor for recovery of damages to the extent these damages are covered by the sub’s workers’ compensation and general liability or commercial umbrella liability insurance. Owners and general contractors insist on this provision because they want to protect themselves from being held liable for injuries to a subcontractor’s employee. Typically, the contractor giving the waiver asks its insurance company to attach a “waiver of subrogation endorsement” to its workers’ compensation policy.

The endorsement states that the insurance will company will not enforce its right to recover payments it makes to an injured worker from the person or organization listed on the endorsement. It applies only to the extent that the employer insured by the policy performs work under a written contract requiring the employer to obtain the insurance company’s waiver. It does not directly or indirectly benefit anyone not listed on the endorsement. With this endorsement on the policy, the company cannot attempt to recover payments it made to an injured worker from the company listed on the endorsement, even if that company was responsible for the injury. Consequently, the loss impacts the employer’s experience modification, probably increasing future premiums. In addition, the endorsement carries an additional premium for the employer, normally some percentage of the premium attributable to the job.

The endorsement and the waiver agreement in the contract do not bind the injured employee. He still has the ability to sue the owner and general contractor for his injuries. However, it is also common for construction contracts to require the subcontractor to defend and indemnify the owner and general contractor from any such suits. Therefore, it is probable that the employer will have to pay an additional premium for the endorsement, pay higher future workers’ compensation premiums for the loss, and pay higher future liability insurance premiums because its policy will cover the other parties’ liability.

For example, assume the sub’s employee suffers serious injuries when tools and materials fall off a scaffold and strike him. He collects workers’ compensation benefits for his medical costs and lost wages. The sub’s workers’ compensation policy includes the waiver of subrogation endorsement, so the insurance company cannot recover any of its payments. The worker sues the owner and general contractor for his pain and suffering. However, the contract requires the sub to cover the owner’s and general’s liability, so the sub’s liability insurance pays for the pain and suffering lawsuit. The sub’s insurance pays twice for the same injury to the same worker.

Owners and general contractors require waivers of subrogation for several reasons. Insurance consultants, brokers, and risk managers usually encourage them to require waivers. Waivers protect their liability insurance and reserve it for other claims. Because a waiver reduces potential liability losses, they become more attractive to liability insurance companies and probably pay lower premiums. Also, subcontractors often do not resist these requirements because they feel they lack negotiating leverage and their insurance companies are usually willing to provide the endorsement.

A few states have curbed the use of waivers of subrogation in their workers’ compensation systems. At least four states have passed laws making the requirements unenforceable, and other states allow the employer to recover from the injured employee some of the proceeds of pain and suffering lawsuits.

In the majority of states that allow waivers, contractors should work with professional insurance agents experienced in providing construction insurance. They can suggest insurance companies that will offer the needed coverages at a reasonable cost and assist with contractual issues such as waivers of subrogation. Above all, contractors must read and understand their contracts so that their agreements do not become an ugly surprise after a loss.

BGES Group’s office, located in Larchmont, NY is a full service insurance agency offering, Property, Liability, Umbrella Liability, Business Auto, Bid & Performance Bonds, Inland Marine, Worker’s Compensation, New York State Disability, Group Health, Life insurance, Personal lines and Identity Theft.

Special Contractor Insurance Programs (NY, NJ, CT) – We we have 60+ insurance companies to market your general liability, umbrella liability, business auto, workers compensation, bid & performance bonds and group health coverages. We help contractors set up proper risk transfer. If you’re a contractor we offer extensive information about insurance markets, coverages, risk transfer, subcontractor screening, ways to lower your insurance costs.

BGES Group are Worker’s Compensation Specialists for the States of New York, New Jersey and Connecticut – Issues we address: 1) Lowering pricing – we have specialty programs that can save you up to 40%; 2) Finding a new company; 3) Replacing policies that are being cancelled or non renewed; 4) Audit disputes; 5) Company creating fictitious payroll at audit time; 6) Lowering high experience modifications factors; 7) Misclassification of payrolls; 8) Lowering or eliminating renewal deposits;  9) Getting coverage when you’ve been without for a few months; 10) Covering multiple states under one policy; 11) Eliminating 10% service or policy fees; 12) Timely issuance of certificates; 13) Always being able to get someone on the phone or by email when you need to.

If you would like to speak with us call Gary Wallach at 914-806-5853 or click here to email or click here to visit our website.

Company: BGES Group, 216A Larchmont Acres West, Larchmont, NY 10538

e-mail: bgesgroup@gmail.com

website: http://www.bgesgroup.com

© – Copyright – 2021 – BGES Group

While the OSHA Standard is on Hold, Follow Its Rules on Isolating COVID-Infected Staff

While the OSHA Standard is on Hold, Follow Its Rules on Isolating COVID-Infected Staff

Even though Fed-OSHA’s emergency temporary standard for COVID-19 has been put on hold by courts due to its mask mandate, sections governing actions employers must take if an employee tests positive should be heeded.
In fact, legal experts say that employers should go beyond the requirements of the standard to reduce their liability. With no exceptions, employers should remove any employee who tests positive for COVID-19 from the workplace until their condition has improved and they are no longer able to spread the virus.
There are a number of steps you should take to protect the rest of your staff.

Send them home
Immediately upon learning that an employee has contracted COVID-19, they should be sent home to quarantine unless they have serious symptoms.
You should require all employees to notify you if they test positive for COVID-19. Even people that do not show symptoms can spread the virus, and those who are vaccinated can contract and spread it.

Notify other personnel
When you learn that an employee has contracted COVID-19 and likely did so at work, within one business day you should retrace their activities and notify in writing any co-workers who may have come into contact with them in the days prior to their diagnosis.
The standard for that is anyone who came within 6 feet of the employee for 15 minutes or more two days prior to the positive test.
All of those you have identified as possibly exposed should be tested. Make testing available at no cost to employees and during working hours to all exposed employees, except:
• Asymptomatic workers who are fully vaccinated, and
• Employees who recently recovered from COVID-19 and have not developed symptoms since returning to work.

Exclude any new COVID-19 cases discovered during testing as well as exposed employees from the workplace until they are no longer an infection risk. Exposed employees who are fully vaccinated or who recently recovered from COVID-19 and have no symptoms do not need to be excluded.

Bring them back
The question of when to bring an employee who tested positive back is not set in stone, as times vary from person to person in terms of how long they can spread the disease.
You can bring a worker who had mild symptoms back if:
• The employee receives a negative result on a COVID-19 nucleic acid amplification test (NAAT) following a positive result on a COVID-19 antigen test.
• The licensed doctor recommends that the employee can return to work, or
• The employee meets the Centers for Disease Control and Prevention’s return-to-work criteria:
• At least 10 days have passed since symptoms first appeared.
• At least 24 hours have passed with no fever without fever-reducing medication, or
• Other symptoms of COVID-19, such as loss of taste and smell, are improving. Such symptoms may persist for weeks or months and need not delay the end of isolation.

For people with severe symptoms, 20 days may be required before they are no longer contagious.
People who tested positive with COVID-19 but were asymptomatic may return to work 10 days after their test, assuming they do not develop symptoms in the meantime.

The takeaway
As COVID-19 continues to spread in our communities, it’s imperative that employers isolate staff who test positive to reduce the spread at work and also limit their liability.
Employers that don’t take action, can be hit by significant penalties and even open themselves up to civil litigation if they were negligent in protecting their workers.

BGES Group’s office, located in Larchmont, NY is a full service insurance agency offering, Property, Liability, Umbrella Liability, Business Auto, Bid & Performance Bonds, Inland Marine, Worker’s Compensation, New York State Disability, Group Health, Life insurance, Personal lines and Identity Theft.

Special Contractor Insurance Programs (NY, NJ, CT) – We we have 50+ insurance companies to market your general liability, umbrella liability, business auto, workers compensation, bid & performance bonds and group health coverages. We help contractors set up proper risk transfer. If you’re a contractor we offer extensive information about insurance markets, coverages, risk transfer, subcontractor screening, ways to lower your insurance costs.

BGES Group are Worker’s Compensation Specialists for the States of New York, New Jersey and Connecticut – Issues we address: 1) Lowering pricing – we have specialty programs that can save you up to 40%; 2) Finding a new company; 3) Replacing policies that are being cancelled or non renewed; 4) Audit disputes; 5) Company creating fictitious payroll at audit time; 6) Lowering high experience modifications factors; 7) Misclassification of payrolls; 8) Lowering or eliminating renewal deposits; 9) Getting coverage when you’ve been without for a few months; 10) Covering multiple states under one policy; 11) Eliminating 10% service or policy fees; 12) Timely issuance of certificates; 13) Always being able to get someone on the phone or by email when you need to.

If you would like to speak with us call Gary Wallach at 914-806-5853 or click here to email or click here to visit our website.

Company: BGES Group, 216A Larchmont Acres West, Larchmont, NY 10538
e-mail: bgesgroup@gmail.com
website: http://www.bgesgroup.com
© – Copyright – 2021 – BGES Group

How to Handle a Premium Audit

How to Handle a Premium Audit

It might be hard to fathom any type of audit being beneficial, but when your insurer conducts a premium audit for your account, it can just as important to you as it is to your carrier.

When you were first issued your policy, the carrier looked at the estimated sales figures or payroll data that you provided to them. It calculated your premiums based on this information. Now that you have real numbers under your belt and actual experience, the information can be reassessed to determine the correct premium amount.

Depending on how your business operates and the size of your policy, there are several methods your insurance carrier can use to conduct your premium audit, including:

Mail вЂ” Your insurer will mail you an audit form and the instructions to complete it. Once completed, you will return the form by mail to your carrier.

Phone вЂ” Your carrier will hire an independent audit company to conduct your audit over the phone.

Physical вЂ” Your insurance company will usually conduct the audit at your business, but it could be conducted at an alternative location, such as your certified public accountant’s office.

Regardless of the method, the audit will typically include your disbursements and payroll journals, ledgers, tax and Social Security reports, state unemployment forms, and other accounting records being inspected. Depending on the audit, other documents could be involved.

The data is then used for determining and adjusting premium amounts (either higher or lower). If it’s higher, you may be asked to pay back premium for the months that you underpaid for coverage.

Be prepared

The best way to handle these audits is to be prepared, and that means keeping track of certain documents and records and having them conveniently accessible so you can produce them at a moment’s notice.

The most commonly audited policies are liability and all workers’ comp policies. The
audits collect exposure information estimated when the policy was written and compare it to the actual numbers.

Here are the main records you will need to produce:

Liability policies

  • Gross company sales
  • Independent contractor costs (insured and uninsured)
  • Payroll for certain types of exposures.

Workers’ compensation policies

  • Actual employee payroll
  • Cost of independent contractors if no certificate or proof of other coverage is provided.If you are notified that you will be audited, you can make the whole process easier and less stressful and hopefully end on a positive note if you follow these tips:


How to prepare

Once you’ve been notified that you’re up for an audit, there are a number of steps you can take before the auditor arrives:

  • Find out what the auditor will be reviewing by looking at their worksheets and past audit billing statements.
  • Determine which of your employees would be best suited to work with the auditor. Look for someone that’s both knowledgeable about the accounting records that will be used in the audit and about what work is done by various employees and departments.
  • Collect all the accounting records that will be used during the audit.
  • If you use subcontractors, make sure that you have their certificates of insurance on hand. Ensure that your documentation shows all the contractors have their own general liability insurance and workers’ compensation coverage.
  • Check that your payroll documents include a breakdown of wages according to class code, department and employee.

 

The day of the audit

  • Make sure you have all the applicable records easily available to the auditor. You might request the audit be conducted at your place of business.
  • Ask the auditor to explain any points that aren’t clear to you.
  • Request a hard copy of the auditor’s findings.

After the audit

Carefully assess the audit billing statement, comparing it to your original policy. Discuss the findings with us for assistance and advice.

Don’t agree to pay any additional premium dollars until after you have talked to us, you’ve made a list of all changes and discussed any problematic areas with the auditor.

Knowing what to expect and how to prepare is the key to a successful audit. Even if you end up being charged back-premium, it could be worse if you don’t keep accurate records. By regularly updating records that your insurer would ask for, you’ll be ahead of the game and you may identify changes that may affect your premium.

Want better rates, better coverage, better service, call Gary Wallach TODAY by dialing 914-806-5853 or emailing bgesgroup@gmail.com.

BGES Group’s office, located in Larchmont, NY is a full service insurance agency offering, Property, Liability, Umbrella Liability, Business Auto, Bid & Performance Bonds, Inland Marine, Worker’s Compensation, New York State Disability, Group Health, Life insurance, Personal lines and Identity Theft.

Special Contractor Insurance Programs (NY, NJ, CT) – We we have 50+ insurance companies to market your general liability, umbrella liability, business auto, workers compensation, bid & performance bonds and group health coverages.  We help contractors set up proper risk transfer.  If you’re a contractor we offer extensive information about insurance markets, coverages, risk transfer, subcontractor screening, ways to lower your insurance costs.

BGES Group are Worker’s Compensation Specialists for the States of New York, New Jersey and Connecticut – Issues we address: 1) Lowering pricing – we have specialty programs that can save you up to 40%; 2) Finding a new company; 3) Replacing policies that are being cancelled or non renewed; 4) Audit disputes; 5) Company creating fictitious payroll at audit time; 6) Lowering high experience modifications factors; 7) Misclassification of payrolls; 8) Lowering or eliminating renewal deposits;   9) Getting coverage when you’ve been without for a few months; 10) Covering multiple states under one policy; 11) Eliminating 10% service or policy fees; 12) Timely issuance of certificates; 13) Always being able to get someone on the phone or by email when you need to.

If you would like to speak with us call Gary Wallach at 914-806-5853 or click here to email or click here to visit our website.

Company: BGES Group, 216A Larchmont Acres West, Larchmont, NY 10538

e-mail: bgesgroup@gmail.com

website: http://www.bgesgroup.com

© – Copyright – 2021 – BGES Group

Commercial Insurance Rate Hikes to Continue in 2022

Commercial Insurance Rate Hikes to Continue in 2022

Rates for most commercial lines of insurance are likely to continue rising going into 2022, as claims costs mount across the board.

A new report from Marketscout notes that rate increases have accelerated across all major lines, but have been most pronounced in liability coverages.

The composite rate for commercial insurance pricing in the third quarter of 2021 was up 6.8% from the same period in 2020. The year-on-year rate of increase is higher than the 5.9% logged in the second quarter.

The factors driving these rate increases show no signs of waning. There are a number of factors affecting rates and they vary depending on where a business is located as well as the industry in which it operates. Insurance experts are predicting average rate increases of about 5% to 10% across most lines of coverage.

The Marketscout report looking at the third quarter of 2021 shines a spotlight on what business owners can expect going into 2022.

Here’s what happened in the third quarter:

Commercial property

Commercial property insurance rates increased 9% on average in the third quarter, compared to the same period in 2021.

Rates will vary depending on the location of a business. Companies in areas at high risk of natural catastrophes, like tornadoes, hurricanes, hailstorms and wildfires, are seeing the highest rate hikes, as well as non-renewals and even difficulty in securing coverage. For example, in wildfire areas of California and wind zones of Florida, rates were up over 20%.

What’s driving rates: Increasing frequency of natural catastrophes, as well as the severity of those events. Also, higher rebuilding costs due to materials price inflation and labor shortages.

Employment practices liability insurance

EPLI insurance rate increases averaged 9% in the third quarter.

What’s driving rates: According to industry experts, retaliation and sexual harassment claims, gig worker classification, the gender pay gap and medical marijuana usage were among the top trending employment practices litigation types.

Moreover, the average cost of employment-related claims is rising, along with the length of time it takes to resolve a claim.

Commercial auto

The premium renewal rate averaged 9% in the third quarter of 2021, continuing a trend of rising rates.

What’s driving rates: An increasing amount of accidents and deaths caused by distracted driving, higher medical costs for accident victims, and rapidly climbing repair costs for vehicles.

General liability

The premium renewal rate rose on average 6% in the third quarter.

What’s driving rates: Higher jury and settlement awards. Increased litigation and higher medical costs for bodily injury claims, as well.

Business owner’s policies

The BOP premium renewal rate increased in the third quarter at an average of 4.7% from the same period in 2021.

What’s driving rates: Since BOPs include property and liability coverage, the reasons rates are increasing are due to why property and general liability rates are rising, as above.

Umbrella and excess liability

Umbrella and excess liability insurance saw rates go up 11.7% in the third quarter from the same period the year prior.

What’s driving rates: Rates for these coverages continue climbing due to a number of factors, including large judgments, the cost of litigation and a rising tide of lawsuits against businesses. Gallagher notes that the median verdict for the top 50 cases has doubled in the past four years.

Workers’ compensation

This is the bright spot as rates have remained flat or falling for many years. The third quarter was no exception.

The takeaway

As your policies come up for renewal, it’s good to get a head start on shopping around. If you are concerned about your rates, give us a call.

Want better rates, better coverage, better service, call Gary Wallach TODAY by dialing 914-806-5853 or emailing bgesgroup@gmail.com.

BGES Group’s office, located in Larchmont, NY is a full service insurance agency offering, Property, Liability, Umbrella Liability, Business Auto, Bid & Performance Bonds, Inland Marine, Worker’s Compensation, New York State Disability, Group Health, Life insurance, Personal lines and Identity Theft.

Special Contractor Insurance Programs (NY, NJ, CT) – We we have 50+ insurance companies to market your general liability, umbrella liability, business auto, workers compensation, bid & performance bonds and group health coverages.  We help contractors set up proper risk transfer.  If you’re a contractor we offer extensive information about insurance markets, coverages, risk transfer, subcontractor screening, ways to lower your insurance costs.

BGES Group are Worker’s Compensation Specialists for the States of New York, New Jersey and Connecticut – Issues we address: 1) Lowering pricing – we have specialty programs that can save you up to 40%; 2) Finding a new company; 3) Replacing policies that are being cancelled or non renewed; 4) Audit disputes; 5) Company creating fictitious payroll at audit time; 6) Lowering high experience modifications factors; 7) Misclassification of payrolls; 8) Lowering or eliminating renewal deposits;   9) Getting coverage when you’ve been without for a few months; 10) Covering multiple states under one policy; 11) Eliminating 10% service or policy fees; 12) Timely issuance of certificates; 13) Always being able to get someone on the phone or by email when you need to.

If you would like to speak with us call Gary Wallach at 914-806-5853 or click here to email or click here to visit our website.

Company: BGES Group, 216A Larchmont Acres West, Larchmont, NY 10538

e-mail: bgesgroup@gmail.com

website: http://www.bgesgroup.com

© – Copyright – 2021 – BGES Group

Pandemic Spurs Supplemental Benefits Uptake Among Workers

A new study has found that in response to the COVID-19 pandemic nearly half of U.S. workers added one new supplemental health-related benefit on top of their group health coverage.

The 2021 “Aflac WorkForces Report” found that 44% of employees bought one additional benefit, with life insurance policies seeing the biggest uptake. The fact that so many workers decided to boost their supplemental health benefits reflects the profound effect the pandemic has had on people and how it has opened their eyes to the fragility of life.

“Anxieties over the past year brought questions about health coverage ― especially about whether current coverage is enough for workers and their families,” Aflac wrote in its report. “The survey found that employees sought ways to help offset the financial burdens they experienced, including through supplemental insurance.”

Interestingly, the largest uptake of these benefits was among millennial workers.

With the pandemic still not over and more people having seen the effects on friends, family and acquaintances, the report predicts that the trend will continue.

The most popular additional benefits

The percentages of workers who have purchased a voluntary benefit since the pandemic started:

  • Life insurance: 22% overall and 34% of millennial workers.
  • Critical illness insurance: 16% overall and 23% of millennial workers.
  • Mental health resources: 14% overall and 21% of millennial workers.
  • Hospital insurance: 14% overall and 21% of millennial workers.
  • Accident insurance: 12% overall and 19% of millennial workers.
  • Disability insurance: 10% overall and 16% of millennial workers.
  • Cancer insurance: 4% overall and 6% of millennial workers.

Overall views of supplemental benefits have also improved since the pandemic started. The survey found that:

  • One-third of employees say supplemental insurance is more important now due to the pandemic.
  • 51% of all American workers view supplemental benefits as a core component of a comprehensive benefits program.
  • 90% of employees believe the need for supplemental insurance is increasing.
  • 48% employees (and 63% of millennials) are highly interested in purchasing supplemental insurance to help cover the financial costs related to COVID-19 or other pandemics.

The takeaway

In light of these findings, it’s more important than ever that employers offer more than group health coverage and provide their workers with a slate of voluntary benefit offerings, many of which do not cost the employer much extra.

In fact, the study found that 70% of employers believe supplemental insurance helps them recruit employees and 75% say it helps with retention.

But keep in mind that may employees believe they already have enough coverage to meet their needs. Open enrollment is a prime time to educate them about the health-related expenses that group health insurance doesn’t cover, such as death benefits and long-term care.

One way you can put together a slate of offerings that your workforce needs and is interested in, is to conduct a study of your staff to see which options they would most prefer.

And finally: Introduce your benefits consultant (in person or virtually) prior to or at the start of open enrollment. That way, employees become familiar with them and can be more comfortable asking questions about the various coverages they can choose from.

If you would like to speak with us call Gary Wallach at 914-806-5853 or click here to email or click here to visit our website.

BGES Group’s office, located in Larchmont, NY is a full service insurance agency offering, Property, Liability, Umbrella Liability, Business Auto, Bid & Performance Bonds, Inland Marine, Worker’s Compensation, New York State Disability, Group Health, Life insurance, Personal lines and Identity Theft.

Special Contractor Insurance Programs (NY, NJ, CT) – We we have 60+ insurance companies to market your general liability, umbrella liability, business auto, workers compensation, bid & performance bonds and group health coverages. We help contractors set up proper risk transfer. If you’re a contractor we offer extensive information about insurance markets, coverages, risk transfer, subcontractor screening, ways to lower your insurance costs.

BGES Group are Worker’s Compensation Specialists for the States of New York, New Jersey and Connecticut – Issues we address: 1) Lowering pricing – we have specialty programs that can save you up to 40%; 2) Finding a new company; 3) Replacing policies that are being cancelled or non renewed; 4) Audit disputes; 5) Company creating fictitious payroll at audit time; 6) Lowering high experience modifications factors; 7) Misclassification of payrolls; 8) Lowering or eliminating renewal deposits;  9) Getting coverage when you’ve been without for a few months; 10) Covering multiple states under one policy; 11) Eliminating 10% service or policy fees; 12) Timely issuance of certificates; 13) Always being able to get someone on the phone or by email when you need to.

If you would like to speak with us call Gary Wallach at 914-806-5853 or click here to email or click here to visit our website.

Company: BGES Group, 216A Larchmont Acres West, Larchmont, NY 10538

e-mail: bgesgroup@gmail.com

website: http://www.bgesgroup.com

© – Copyright – 2021 – BGES Group