Workers’ compensation insurance is one of the most important coverages for New York business owners. It protects employees by covering medical bills and lost wages when injuries occur on the job—and it protects employers by limiting lawsuits from workplace accidents.

Yet many business owners don’t fully understand how the rules work, especially when it comes to contractors, cash workers, and cross-state employment. Misunderstandings can lead to severe financial penalties, uncovered claims, and potential lawsuits.

Below are ten of the most common—and often misunderstood—questions about workers’ compensation insurance in New York, along with clear answers every business owner should know.

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1. Are independent contractors covered if they don’t have their own insurance?

Generally, independent contractors are not automatically covered under your policy. However, New York has very strict definitions of who qualifies as an “independent contractor.” If they are working under your direction, using your tools, and not operating an independent business of their own, the Workers’ Compensation Board may reclassify them as your employee. If they don’t carry their own valid workers’ comp insurance, you could be held liable.

Takeaway: Always obtain a certificate of insurance from independent contractors showing proof of coverage—or risk being responsible for their claims.

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2. Are day laborers covered if paid in cash?

Yes. The method of payment does not matter. If you hire someone to perform work—even for a single day—and they are injured, they are considered your employee under the law. Paying cash does not exempt you from workers’ compensation requirements. In fact, the Workers’ Compensation Board frequently targets cash payrolls for audits and penalties.

Takeaway: If you’re using day labor, make sure they are properly insured or run the risk of uncovered claims and significant fines.

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3. Are 1099 workers covered if they do not have insurance?

Much like independent contractors, 1099 status does not protect you if the worker is really functioning as an employee. The IRS and the New York Workers’ Compensation Board apply different tests, but if the worker is under your supervision and does not have their own workers’ comp, you will be treated as their employer.

Takeaway: If you issue 1099s, double-check that these workers truly qualify as independent. If not, you must provide coverage.

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4. If a company has their workers’ comp with the New York State Insurance Fund and the employee works in New Jersey for a couple of weeks, then is injured and files a claim in New Jersey because they live there, would they have coverage?

This is a tricky situation. Most New York workers’ comp policies—especially through the State Insurance Fund—only provide coverage for work in New York. If the employee was temporarily working in New Jersey and files their claim there, coverage may not apply. To avoid this problem, your policy should include Other States Coverage or a separate New Jersey policy.

Takeaway: If your employees ever work outside New York, talk to your broker about multi-state coverage.

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5. What happens if a worker gets injured, comes back to work the next day, then after 45 days disappears and 8 months later they file a workers’ comp claim directly with the Workers’ Comp Board?

New York law generally gives employees two years to file a claim. Even if they seemed fine after the injury, they can still file later. As long as they can demonstrate the injury was work-related and notify the Board, the claim may be valid.

Takeaway: Always document every workplace incident, no matter how minor. File a First Report of Injury with your carrier to protect your business in case of delayed claims.

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6. Are owners, partners, and members of an LLC automatically covered under workers’ comp?

No. In New York, sole proprietors, partners, and members of an LLC are not automatically covered. They must elect to cover themselves. This can be critical for businesses where the owner also performs physical work.

Takeaway: If you’re actively working in your business, strongly consider electing coverage for yourself.

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7. What are the penalties for not carrying workers’ compensation insurance in New York?

The penalties are severe. Businesses without coverage face fines of up to $2,000 for every 10 days of noncompliance. In addition, owners can be held personally liable for medical bills and lost wages of injured workers. Criminal charges are also possible.

Takeaway: Never let your workers’ comp lapse—even for a short period.

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8. If an employee is intoxicated or using drugs when injured, will workers’ comp still cover them?

In most cases, yes. Workers’ comp in New York is a no-fault system, which means benefits are generally paid regardless of who is to blame for the accident. The only exceptions are if the injury was intentional or caused by a deliberate attempt to harm oneself or others.

Takeaway: Do not assume intoxication disqualifies a claim. Carriers may reduce benefits in some cases, but coverage usually still applies.

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9. Can an employee sue their employer even if workers’ compensation benefits are provided?

Generally, no. Workers’ comp is designed to be the exclusive remedy for workplace injuries. However, employees may still sue if the employer failed to carry insurance or in rare cases involving gross negligence.

Takeaway: Having proper coverage protects you from lawsuits. Without it, you are exposed to both claims and lawsuits.

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10. Are volunteers covered under workers’ comp?

In most cases, volunteers are not covered, unless specifically included under the policy or required by law (for example, volunteer firefighters). However, if you “pay” volunteers in any way—cash, gift cards, stipends—they may be deemed employees.

Takeaway: Clarify with your carrier whether volunteers are included or excluded, and avoid offering payments that could trigger employee classification.

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Final Thoughts

Workers’ compensation is not just a legal requirement in New York—it’s a vital protection for your business. Misclassifying workers, ignoring cash labor, or failing to secure multi-state coverage can expose you to devastating claims and penalties.

By understanding how the system works and closing coverage gaps, you can protect both your employees and your company’s future.

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About BGES Group

At BGES Group, we are workers’ compensation insurance specialists covering New York businesses of all sizes and industries. Unlike large, factory-style agencies, we provide personal, boutique-level service that business owners love. We review your policies in detail, identify gaps, and make sure you’re fully protected while keeping costs manageable.

If you’re a contractor, small business owner, or company with workers in multiple states, you need an insurance partner who understands the complexities of New York workers’ comp. That’s us.

📞 Contact: Gary Wallach

📧 Email: bgesgroup@gmail.com

📱 Phone: 914-806-5853

🌐 Website: www.bgesgroup.com

When many contractors hear the term “auto liability,” they think it doesn’t apply if they don’t own company vehicles. Unfortunately, that’s not the case. Even if you don’t have trucks or vans titled in your company’s name, your business still faces serious auto-related exposures that can lead to costly claims. Contractors who overlook these risks can find themselves uninsured and exposed to lawsuits.

Below are 8 auto exposures every contractor should know about:

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1. Employee Use of Personal Vehicles for Business

If an employee drives their own car to pick up materials, visit job sites, or run errands for the company, your business can be held liable for an accident. Personal auto insurance may not provide adequate protection for business-related use, leaving your company vulnerable.

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2. Rented or Leased Vehicles

Sometimes a contractor rents a truck for a day to haul materials or equipment. If there’s an accident, the rental company will pursue you for damages. Without the right “hired auto” coverage, your company could end up paying out of pocket.

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3. Loading and Unloading

Even if your employee never drives, they may still be at fault during loading or unloading a vehicle. Dropping heavy equipment on a third party’s car or injuring someone in the process can trigger liability.

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4. Subcontractor Driving on Your Behalf

If you send a subcontractor to pick up supplies or transport materials and they cause an accident, your business could be named in the lawsuit. Courts often go after the deepest pockets—and that may be your company.

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5. Mobile Equipment That Hits the Road

Contractors often use skid steers, forklifts, or other mobile equipment that may cross a public street. Even if it’s not a traditional “vehicle,” once it’s on the road, it can trigger auto liability exposure.

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6. Job Site Visitors and Parking Lots

If you control a job site, visitors, delivery trucks, or vendors may park or maneuver vehicles on the premises. Accidents involving third parties can create liability for your company if negligence is alleged in how the site was managed.

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7. Transporting Employees

If your foreman drives crew members to a job site in his own vehicle and gets into an accident, your business may be pulled into the claim. Injuries could lead to both auto liability and workers’ compensation issues.

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8. Borrowed Vehicles

Sometimes a contractor borrows a vehicle from a friend, relative, or another company for a quick task. If an accident occurs, the owner’s insurance may not fully cover the claim, and your company could be responsible for the balance.

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Why This Matters for Contractors

Auto liability doesn’t disappear just because your business doesn’t own vehicles. The exposures above are real, frequent, and costly—and too many contractors assume they are covered when they are not. The good news is that with the proper hired and non-owned auto liability coverage, you can protect your company against these risks.

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Why Contractors Choose BGES Group

At BGES Group, we specialize in construction insurance and understand the unique exposures contractors face—auto liability included. Unlike “factory-style” insurance agencies that rush through your coverage, we take the time to review policies carefully, identify hidden gaps, and make sure your business is fully protected.

More and more contractors are turning to BGES Group because we know construction inside and out. Our goal is to help you avoid surprise claims, save money, and have the peace of mind that your insurance program actually works when you need it most.

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Contact BGES Group

If you’re a contractor and want a free review of your auto liability and overall insurance program, call us today. We’ll walk you through your exposures and help you make sure your company is protected the right way.

📞 Gary Wallach, BGES Group

📱 914-806-5853

📧 bgesgroup@gmail.com

🌐www.bgesgroup.com

Environmental contractors in New York work on some of the most challenging and high-stakes projects: asbestos abatement, mold remediation, lead paint removal, soil excavation, tank removal, and hazardous waste handling. With those exposures comes serious risk—not just from accidents on the jobsite, but also from pollution-related claims that can cripple a business if the insurance coverage isn’t properly structured.

Most environmental contractors carry two key insurance policies: Commercial General Liability (CGL) and Contractors Pollution Liability (CPL). The first provides general liability protection for bodily injury, property damage, and completed operations. The second fills in the gaps by covering pollution-related claims that are excluded from most standard CGL policies.

But here’s the catch: not all policies are created equal. Many CGL and CPL policies for environmental contractors come with exclusions, warranties, or hidden conditions that can leave contractors exposed—sometimes without realizing it until it’s too late.

Below are 10 coverage issues every New York environmental contractor should be watching out for:

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1. Mold Exclusions

Some CGL policies carry a “total mold exclusion,” which means any claim involving mold remediation, mold damage, or mold bodily injury is completely uncovered. For environmental contractors, that’s catastrophic. Even pollution policies sometimes sublimit mold coverage, capping it at a low dollar amount. Always verify mold is affirmatively covered with adequate limits.

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2. Asbestos or Lead Exclusions

Despite being core services for many environmental contractors, some liability policies specifically exclude asbestos or lead abatement. Others may provide coverage only for “incidental” exposure. If your business handles these materials, you need to make sure both CGL and CPL policies expressly cover asbestos and lead-related work.

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3. Sudden and Accidental Pollution Only

Older pollution liability policies sometimes restrict coverage to “sudden and accidental” events, which excludes gradual pollution releases. That means long-term contamination from leaking storage tanks, improper disposal, or slow seepage into soil and groundwater might not be covered. A modern CPL should provide coverage for both sudden and gradual pollution events.

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4. Completed Operations Restrictions

Contractors are often surprised to learn that once their work is finished, their coverage drops off—or is heavily limited. For example, a contractor who removes an underground storage tank could face a lawsuit years later if residual contamination is discovered. If the policy excludes or limits completed operations, the contractor could be on the hook for massive costs.

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5. Insured vs. Insured Exclusions

Many CPL policies include provisions that exclude claims brought by one insured against another insured on the same policy. This can become an issue for contractors working under joint ventures or partnerships. Make sure the exclusion doesn’t leave you exposed to claims between project partners.

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6. Waste Disposal Site Exclusions

Environmental contractors often transport hazardous waste to approved disposal sites. However, if your policy excludes liability once the waste leaves your jobsite, you could face uncovered claims from contamination discovered at the disposal site—even if you followed all regulations. Look for a policy that extends coverage to off-site disposal.

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7. Professional Liability Carve-Outs

Environmental contractors often provide testing, consulting, or project design in addition to hands-on remediation work. Many general liability and pollution policies exclude professional services, leaving gaps. If your firm provides any consulting, design, or testing, you may need a combined CPL/Professional Liability policy to ensure those exposures are covered.

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8. Worker Exposure Exclusions

Some CPL policies exclude coverage for claims arising from employees being exposed to pollutants. While workers’ compensation covers much of this risk, contractors should be aware that lawsuits from third-party-over actions (where an injured employee sues another contractor or property owner, who then sues you) could fall into a gray area. Verify the CPL addresses these scenarios.

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9. Known Condition Exclusions

Insurers often exclude coverage for pollution conditions you knew about prior to the policy’s effective date. The issue is how “knowledge” is defined. If an employee, supervisor, or even subcontractor was aware of contamination, the insurer may deny coverage. Review how your policy defines a “known condition” and consider retroactive coverage where available.

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10. Warranties and Conditions That Can Void Coverage

Policies for environmental contractors often include strict warranties. For example:

• You must use only approved disposal facilities.

• You must follow specific EPA, OSHA, or state-mandated procedures.

• You must maintain records for a specified period.

Failure to comply—even unintentionally—could give the insurer grounds to deny a claim. These conditions can be deal breakers if not reviewed carefully. Always confirm you can realistically meet every warranty before signing.

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Why This Matters More in New York

New York is one of the most litigious states in the country, and environmental contractors face heightened risks due to:

• Strict liability laws for environmental contamination.

• Aggressive regulatory enforcement by the DEC, EPA, and local authorities.

• Third-party lawsuits from property owners, municipalities, and neighbors affected by remediation work.

A single uncovered claim could wipe out years of profits—or worse, your business entirely. That’s why having the right CGL and CPL coverage in place is non-negotiable.

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Where BGES Group Comes In

At BGES Group, we specialize in construction and environmental contractor insurance across New York and the tri-state area. Unlike many agencies that have gone “factory style” and treat contractors like just another account number, we provide true boutique-level service.

Contractors love working with us because:

• We know the fine print in liability and pollution policies—and we explain it in plain English.

• We identify dangerous exclusions before you buy a policy.

• We shop the market to secure broad, affordable coverage tailored to your specific environmental exposures.

• We treat every client like family, not like paperwork.

Think of us as the “mom and pop” boutique alternative to the big-box agencies. You’ll always get a live, knowledgeable person who understands your business and fights to protect it.

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Contact BGES Group Today

Don’t leave your business exposed to costly environmental claims. Let us review your current policies and give you an honest assessment of where you’re protected—and where you’re not.

📞 Gary Wallach

BGES Group – Construction Insurance Specialists

Phone: 914-806-5853

Email: bgesgroup@gmail.com

🌐 Website: http://www.bgesgroup.com

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✅ Bottom Line: If you’re a New York environmental contractor, your livelihood depends on your CGL and CPL policies being rock solid. But the fine print can be full of landmines. Work with BGES Group to make sure you’re not caught off guard by an exclusion, condition, or warranty that could devastate your business.

If you’re a New York contractor, you already know how complicated—and risky—insurance can be. General liability, workers’ compensation, excess liability, subcontractor agreements, New York Labor Law exposure…the list never ends. That’s why your broker should be your first line of defense, helping you stay protected, compliant, and competitive.

Unfortunately, too many brokers in New York are letting contractors down. Over the years, we’ve spoken with hundreds of contractors who share the same frustrations with their insurance agencies. Below are the 10 most common complaints we hear—and how BGES Group stands apart by doing the exact opposite.

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1. Complaint: Brokers Don’t Shop Around

Many contractors feel their brokers automatically renew their policies with the same carriers year after year, without testing the market. That often leads to overpriced premiums.

BGES Group Difference: We shop aggressively every year. Our goal is to make sure you’re getting the best coverage for the best price. We compare multiple carriers, negotiate on your behalf, and present you with options—so you can make an informed decision.

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2. Complaint: Renewal Quotes Come in at the Last Minute

Contractors constantly complain that they receive renewal terms days (sometimes hours) before their policy expires. This leaves no time to review options or negotiate better terms.

BGES Group Difference: We deliver renewal terms well in advance—typically 15 to 30 days before renewal. That gives you breathing room to review, ask questions, and make changes without the stress of a looming deadline.

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3. Complaint: Brokers Don’t Understand Construction

Too many brokers treat contractors like any other business. But New York construction is unique—between Labor Law exposure, subcontractor requirements, and safety standards, you need a specialist who understands your world.

BGES Group Difference: Construction is our specialty. With decades of experience working with contractors of all sizes, we know the pitfalls, loopholes, and risk exposures specific to New York. When you work with BGES Group, you’re working with experts who “speak contractor.”

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4. Complaint: Poor Communication

One of the biggest complaints contractors share is that their brokers don’t pick up the phone, don’t return emails, and leave them chasing for answers.

BGES Group Difference: We pride ourselves on responsiveness. Contractors tell us we’re the easiest agency they’ve ever dealt with because we pick up the phone, respond to emails quickly, and keep communication clear and simple.

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5. Complaint: Brokers Are Slow with Certificates

Delays in receiving certificates of insurance can hold up jobs, frustrate GCs, and even cost contractors opportunities.

BGES Group Difference: At BGES Group, certificates are handled with urgency. Most are issued the same day—often within hours—because we know your projects can’t move forward without them.

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6. Complaint: Brokers Don’t Review Policies for Gaps

Many brokers simply place coverage without thoroughly reviewing exclusions, endorsements, or compliance with GC and owner requirements. Contractors often don’t realize they’re exposed until it’s too late.

BGES Group Difference: We do deep-dive reviews of your policies. We look for hidden exclusions, missing coverages, and compliance issues that could hurt you in a claim. Then we give you straight answers and recommendations to fix the gaps before they cause problems.

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7. Complaint: They Feel Like Just a Number

Contractors often feel like their broker treats them as “just another account.” No relationship, no real advice, just paperwork.

BGES Group Difference: We run BGES Group like a mom-and-pop shop. Our clients aren’t numbers—they’re relationships. Contractors tell us they feel valued, listened to, and cared for. When you call us, you know exactly who you’re speaking with—and that we care about your success.

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8. Complaint: No Guidance on Subcontractor Compliance

Too many brokers fail to help contractors manage subcontractor insurance. This leaves GCs and subs exposed when an accident happens and the wrong coverages are in place.

BGES Group Difference: We actively help contractors manage subcontractor insurance compliance. We’ll review subcontractor certificates, explain what’s missing, and guide you so your business is protected if a subcontractor causes an accident.

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9. Complaint: They Don’t Care About Safety

Some brokers simply sell policies but never help contractors reduce risks, avoid claims, or implement safety programs that protect workers and save money.

BGES Group Difference: We believe safety is part of insurance. We provide guidance on risk management, safety manuals, accident reporting systems, and compliance strategies that help reduce claims and premiums over time.

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10. Complaint: They Don’t Have Reviews or Reputation

Many contractors don’t trust their brokers because they don’t see proof of reliability—no reviews, no testimonials, no reputation to back up their promises.

BGES Group Difference: We have 125+ five-star Google reviews from contractors just like you. Our reputation is built on trust, responsiveness, and results. When you work with BGES Group, you’re working with a team that’s proven itself over and over again.

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Why Contractors Choose BGES Group

At BGES Group, we specialize in New York construction insurance and workers’ compensation. Unlike big agencies that shuffle you between different account managers, we give you personal service from start to finish. We’re fast, responsive, and deeply knowledgeable about the risks you face.

Contractors love working with us because:

• We fight to get you the best pricing.

• We get things done quickly (especially certificates).

• We review your policies for hidden gaps.

• We help you with subcontractor compliance.

• We truly care about protecting your business.

That’s why so many contractors are leaving their current brokers and coming to BGES Group. We make insurance simple, reliable, and stress-free.

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Contact BGES Group Today

Don’t settle for a broker who doesn’t deliver. Let us show you how different insurance can feel when you’re working with a team that cares.

📞 Call Gary Wallach: 914-806-5853

📧 Email: bgesgroup@gmail.com

🌐 Website: http://www.bgesgroup.com

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👉 If you’re a New York contractor who’s unhappy with your current broker, now’s the time to make the switch. Contact BGES Group today—you’ll see the difference from the very first call.

Managing expenses can be a challenging part of running a contracting business. One key area where you might find room for savings is in your contractor liability insurance. This FAQ blog will guide you through practical steps to reduce your insurance costs without compromising on essential coverage.

Understand Your Coverage Needs

Before making any changes, it’s crucial to assess what your specific business liabilities are. Determine what coverage you truly require; this will help you avoid paying for unnecessary extras.

A thorough risk assessment helps identify the potential hazards and liabilities unique to your business. Consider the nature of your contracts and client expectations. As you reflect on these elements, it becomes clearer what level and type of coverage are essential for your operations.

By consulting experts or leveraging resources from industry associations, you can better understand the standard insurance coverage needed in your field. This knowledge aids in fine-tuning your policy to match your precise business needs without overextending financially.

Shop Around for Better Rates

Insurance rates can vary significantly between providers. Take the time to compare quotes from several different insurers to find the best deal that meets your coverage needs.

When comparing rates, remember to evaluate the reputation of insurers. Choosing a reliable company often reaps benefits in terms of customer service and claims processing. Online comparison tools can facilitate this process by providing an efficient way to view options side-by-side.

Additionally, tapping into community reviews and insurance feedback forums can provide real-world insights into how insurers stack up in terms of both cost and service.

Consider Bundling Insurance Policies

Many insurance companies offer discounts if you get multiple types of insurance through them. Check if bundling your liability insurance with other policies like property insurance could save you money.

Bundling not only offers reduced premiums but can also simplify your administrative tasks by consolidating your coverage under one provider. This approach brings both time and financial savings, streamlining how you handle insurance matters.

Look for package deals that include business vehicle or workers’ compensation insurance. It’s often these comprehensive bundles that deliver the most considerable savings over a long-term commitment.

Maintain a Good Claims History

Insurance providers often offer better rates to businesses with fewer claims. Implementing strict safety protocols can reduce incidents and help you maintain a favorable claims history.

Establishing a safety culture within your business is essential. Regular training sessions and clear safety procedures not only protect your workforce but also contribute to minimizing potential claims.

Keep detailed records of all safety training and incidents, no matter how minor. Presenting these documents during insurance renewals acts as evidence of your ongoing commitment to risk management, potentially rewarding you with lower premiums.

Raise Your Deductibles

Increasing your deductibles can lead to lower premium costs. Ensure that this is a financially viable option for your business to cover potential out-of-pocket expenses.

Carefully weigh the immediate savings against the possibilities of future claims. By dedicating a reserve fund to cover higher deductibles, you can maintain financial stability while enjoying reduced regular costs.

Bringing Down Your Insurance Costs: Final Thoughts

Lowering your contractor liability insurance cost is achievable with the right strategies and a bit of industry knowledge. By reviewing your coverage needs, shopping around for quotes, and maintaining good business practices, you can reduce your premiums and keep your business financially healthy.

BGES Group is one of New York, New Jersey, and Connecticut’s Construction Insurance Specialists representing 50+ companies, including all the BEST general & umbrella liability programs. We offer all the coverage needed, including property, builders’ risk, inland marine, general liability, umbrella liability, auto, bid & performance bonds, workers’ compensation, N.Y.S. disability, and group health.  Our commitment to you goes beyond the policies we provide. We are always just a call, text, or email away, ready to assist you, even on weekends. We understand the importance of your business and are here to help you navigate any insurance challenges.
 
BGES Group are Workers’ Compensation Insurance Specialists for Tri-State Business Owners: Unhappy with your rates, company, being canceled, losses causing difficulty getting coverage, in the middle of an audit dispute, misclassified payrolls, or whatever your issue. We can help!  We have special programs for Auto Services, Contractors (especially in New York), Limousine Services, Logistics Companies, Manufacturers, Recyclers, and Truckers; we can help ANY tri-state business owner. We are considered “Preferred Agents” for this one program that, if we can get you into, their pricing is excellent, offers long-term coverage stability, and can cover multi-state operations. The program takes the hassle out of doing annual audits, too. 
 
If you want to speak with us, call Gary Wallach at 914-806-5853, click here to email, or visit our website.
 
Company: BGES Group, 216A Larchmont Acres West, Larchmont, NY 10538

email: bgesgroup@gmail.com

website: http://www.bgesgroup.com

© – Copyright – 2025 – BGES Group
 

When a New York homeowner decides to gut-renovate their property, the first thought is usually about design, finishes, and budgets. But in New York, one of the most overlooked issues is liability under Labor Law Sections 240 and 241—often called the Scaffold Law and its companion. These laws create unique exposures for homeowners, general contractors, and subcontractors.

If a contractor is subcontracting 100% of the work out to trades, who’s legally on the hook when an accident happens? Let’s break it down:

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The Homeowner’s Position

New York law recognizes the one- and two-family homeowner exemption. This means that if a homeowner is renovating a property used exclusively for residential purposes and does not direct or control the work, they are exempt from liability under Labor Law 240/241.

In simple terms: If the homeowner is hands-off and leaves supervision to the professionals, they are protected. But if they start managing the job—telling workers where to place scaffolding or how to perform tasks—they could lose this exemption and be pulled into a lawsuit.

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The General Contractor’s Responsibility

The general contractor (GC) carries the heaviest legal burden. Even if they subcontract 100% of the work, New York law places a non-delegable duty on them to ensure the job site is safe.

If a worker falls from a ladder, scaffold, or gets injured because of a safety violation, the GC can be held strictly liable—even if they had no direct involvement in the unsafe condition. Their only shield is strong contractual agreements with subs and the right insurance program.

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The Subcontractors’ Exposure

Subcontractors are responsible for maintaining safety while performing their trades. If their unsafe practices cause an accident, they can be sued directly. But in practice, most injured workers file claims against the owner and GC first. From there, liability trickles down via indemnification clauses and insurance requirements.

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The Liability Chain

Here’s how it usually plays out:

1. Worker falls → sues homeowner and GC.

2. Homeowner uses the one- and two-family exemption → usually gets dismissed.

3. GC remains strictly liable.

4. GC looks to subcontractors’ insurance and indemnity to push responsibility back downstream.

The lesson? The GC must have airtight risk transfer strategies—otherwise, they’re left holding the bag.

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Why More Contractors Are Turning to BGES Group

This is exactly where BGES Group steps in.

Contractors across New York are realizing that most insurance agencies operate like factories—pushing policies out the door with little thought to the real risks involved. The result? Contractors are left exposed when a Labor Law claim comes in, and by then it’s too late.

BGES Group is different. We don’t just sell policies—we dig into the details, review contracts, and structure coverage so that when a Labor Law 240/241 claim hits, our clients aren’t blindsided. More and more New York contractors are coming to us because they see the difference in service, responsiveness, and knowledge.

We know the fine print that protects you, the endorsements that matter, and the pitfalls other agencies overlook.

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Contact BGES Group Today

If you’re a contractor working in New York—especially on residential jobs—don’t leave yourself exposed under Labor Law 240/241. Let BGES Group review your program and show you the difference a specialist makes.

📞 Gary Wallach

BGES Group

Phone: 914-806-5853

Email: bgesgroup@gmail.com

🌐 www.bgesgroup.com 

If you’re a contractor in New York, New Jersey, or Connecticut, chances are you’ve experienced the frustrations of dealing with workers’ compensation insurance. Whether it’s sky-high premiums, endless audit battles, or waiting days just to get a certificate of insurance issued, workers’ comp often feels like more of a burden than a benefit.

At BGES Group, we’ve spent more than 44 years helping contractors just like you navigate the confusing world of workers’ compensation. We specialize in solving problems that most insurance brokers either ignore or don’t have the expertise to handle. If you’re unhappy with your pricing, your insurance company, or the service you’re receiving, here are some of the major issues we can help you with—and how we solve them.

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Common Workers’ Comp Problems Contractors Face

1. Your rates are too high.

Many contractors are simply paying more than they should. Between misclassifications, inflated audits, and companies tacking on extra fees, costs can spiral.

2. Your policy is being canceled or non-renewed.

If you’ve had losses, your current company may not want to renew your policy. That doesn’t mean you don’t have options—we specialize in finding replacement coverage quickly.

3. Poor service from your insurance agency.

Too many contractors are stuck working with “robot-like” representatives who don’t think creatively or offer solutions. You call for help, and all you get are generic answers—or worse, no answers at all.

4. Confusing composite rates.

If you’re with a company that bundles taxes, fees, and payroll costs into a single rate, you may have no idea what you’re really paying. That’s never a good place to be.

5. High Experience Modification Factor (X-Mod).

A high mod not only increases your premiums but can also hurt your chances of winning new jobs. We help contractors lower their mods so they can stay competitive.

6. Frustrating Professional Employer Organizations (PEOs).

If you’re in a PEO, you may not be getting the reports you need, payrolls may not arrive on time, and every phone call can mean 10–30 minutes on hold. Plus, you never deal with the same person twice.

7. Audits that feel like interrogations.

For many contractors, audits are a nightmare. Some companies demand excessive paperwork and treat business owners like criminals. We work with programs that eliminate annual audits or only request minimal documentation.

8. Assigned risk program issues.

If you’re in a state or assigned risk pool but work in multiple states, you could be exposed to massive uncovered losses without realizing it.

9. Delays in certificates of insurance.

Nothing is more frustrating than losing a job or delaying a project because you can’t get a certificate on time. Some agencies take hours or even days to issue them.

10. An unavailable broker.

If your broker is never at their desk, constantly “out to lunch,” or takes days to return calls, you’re not getting the service you deserve.

11. Limited options.

Some agencies only represent one or two markets, leaving you stuck with limited and expensive choices.

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What BGES Group Offers Contractors

When you work with BGES Group, you won’t be handed off to an inexperienced account rep or left waiting days for answers. Instead, you’ll deal directly with Gary Wallach, who brings 44 years of experience to every client relationship.

Here’s what makes working with us different:

1. One point of contact. You’ll always deal with the same person who knows your account inside and out.
2. Creative problem solving. We think outside the box to find solutions other agencies overlook.
3. Deep expertise. With decades of experience, we know how to navigate the system—and win.
4. Industry connections. We have the right relationships to get things done quickly.
5. Reliability. When you call, you get answers. We don’t hide behind voicemail or endless hold music.
6. Honesty and trust. We do what we say we’ll do, every time.

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BGES Group Specializes in Solving These Problems

We’ve built specialty programs for contractors across New York, New Jersey, and Connecticut. Here’s how we help:

• Lowering Pricing: Our programs can save you up to 40% on workers’ comp.
• Finding New Companies: We replace policies that are canceled or non-renewed.
• Audit Disputes: We help resolve unfair audit findings.
• Fictitious Payroll Issues: If your insurer inflates payrolls at audit time, we fight back.
• Lowering High Mods: We work to bring down inflated experience modification factors.
• Correcting Misclassifications: Payroll often gets misclassified, costing you thousands—something we fix.
• Eliminating Renewal Deposits: We reduce or eliminate large upfront renewal deposits.
• Coverage Gaps: We help contractors get coverage even if they’ve gone months without insurance.
• Multi-State Coverage: We make sure all your work is covered under one policy—even across state lines.
• Eliminating Extra Fees: No more 10% service or policy fees.
• Fast Certificates: Certificates are issued promptly, not days later.
• Always Accessible: You’ll always reach someone when you need help.

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Why Contractors Choose BGES Group

Unlike many agencies, we don’t treat contractors like just another policy number. We know your business, your challenges, and the unique pressures you face bidding and winning jobs. Every day, we help contractors:

• Lower their insurance costs.
• Avoid coverage gaps that could devastate their business.
• Get certificates fast so they never lose a job.
• Fight unfair audits.
• Access better options than the assigned risk pool.

And most importantly, we give you peace of mind knowing your workers’ comp is being handled by a specialist who truly has your back.

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Ready to Put an End to Workers’ Comp Headaches?

If you’re tired of high premiums, unhelpful brokers, and endless audit battles, it’s time to work with a team that understands contractors and knows how to fix these problems.

At BGES Group, we’ve been helping contractors in New York, New Jersey, and Connecticut for decades. Whether your policy is being canceled, you’re stuck with a high mod, or you simply want better service, we’re here to make workers’ comp easier, more affordable, and less stressful.

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📞 Call: Gary Wallach at 914-806-5853
📧 Email: bgesgroup@gmail.com
🌐 Website: www.bgesgroup.com

BGES Group
216A Larchmont Acres West
Larchmont, NY 10538

© Copyright 2025 – BGES Group

Workplace safety is more than just compliance—it’s culture. While OSHA does not require employers to implement safety incentive programs, many forward-thinking companies have discovered that rewarding employees for safe behavior and proactive participation in workplace safety efforts is one of the best ways to reduce accidents, boost morale, and improve productivity.

When done right, a safety incentive program doesn’t just hand out prizes—it fosters accountability, teamwork, and hazard awareness. And when paired with a comprehensive insurance and risk management strategy, it becomes an invaluable tool to protect both your employees and your bottom line.

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What is a Safety Incentive Program?

At its core, a safety incentive program provides recognition or rewards to employees or teams for meeting specific safety goals. These goals may include:

• Maintaining zero injuries over a defined period
• Reporting near misses
• Completing safety training modules on time
• Consistently wearing personal protective equipment (PPE)
• Identifying and correcting safety hazards before they cause harm

The most effective programs encourage honesty and proactive participation, while avoiding the pitfall of “all-or-nothing” goals that can lead to under-reporting of accidents. The reward should reinforce safety, not replace it.

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Getting Started: Laying the Foundation

The best safety incentive programs start with a clear understanding of workplace risks. Before designing yours:

1. Analyze past accident reports. Look for recurring patterns in injuries or hazards.
2. Inspect and correct hazards. Address issues you already know exist. A program won’t work if preventable risks are left unresolved.
3. Focus on high-risk areas. Identify departments, tasks, or environments where accidents are more likely.
4. Collaborate with employees. Involve your safety committee or frontline workers in brainstorming realistic, achievable goals.

Once the groundwork is laid, outline the type of incentives you’ll offer. A successful program must be rewarding, entertaining, easy to follow, and consistently communicated.

Ask yourself:

• Is it rewarding? Do employees actually care about the incentives?
• Is it engaging? Will employees want to participate?
• Does it provide daily reminders? (Example: a sign showing “X Days Since Last Accident.”)
• Does it grow over time? Rewards should build as milestones are reached.
• Is it visual and clear? Simple charts, posters, or dashboards work wonders.
• Is it flexible? Can it be updated to keep things fresh?
• Does it recognize both teams and individuals?
• Is it easy to administer fairly?

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Examples of Effective Incentives

While safety experts often recommend against large cash rewards—as they can unintentionally encourage non-reporting—there are many appealing and effective options that motivate employees without undermining safety culture:

• Gift Cards: For popular retailers, restaurants, or Amazon.
• Extra Time Off: A Friday afternoon or half-day reward.
• Recognition Awards: Certificates, plaques, or shout-outs in company newsletters.
• Wellness Rewards: Gym memberships, spa vouchers, or wellness products.
• Team Celebrations: Catered lunches, barbecues, or outings.
• Experience-Based Rewards: Sports tickets, concert passes, or special events.
• Personalized Safety Gear: Branded PPE or tools with employees’ names.
• Company Swag: Hats, shirts, mugs, or jackets that foster team spirit.

The key is to balance individual recognition with team-based incentives so that workers feel both personally appreciated and collectively motivated.

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The Big Picture: Why It Matters

When employees feel recognized for their efforts to stay safe, they are more engaged and more willing to look out for one another. A strong safety incentive program doesn’t just reduce workplace accidents—it builds trust between management and staff, creates a culture of accountability, and can even lower insurance premiums over time.

But programs must be carefully designed. Poorly structured ones may discourage honesty or promote cutting corners. The best programs are transparent, fair, and always reinforce the message that reporting hazards and near misses is just as important as preventing accidents.

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How BGES Group Can Help

At BGES Group, we specialize in helping contractors and small to mid-sized businesses protect their people and their profits through smart insurance solutions and risk management strategies. With decades of experience, we understand the challenges employers face in keeping job sites safe, compliant, and productive.

Our team works closely with clients to not only secure the right Workers’ Compensation, General Liability, Excess Liability, Disability, and Commercial Auto insurance, but also to provide guidance on safety programs that keep claims low and employees protected.

We pride ourselves on being more than just an insurance broker—we’re your partner in safety and risk management. Whether you’re just starting a business or running large projects, BGES Group is here to help you build a strong foundation of protection and peace of mind.

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States We Serve

BGES Group proudly serves businesses in:

• New York
• New Jersey
• Connecticut

By focusing on the tri-state area, we deliver personalized service, deep local expertise, and fast response times for contractors and businesses that need reliable coverage and safety guidance.

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Contact BGES Group

If you’re ready to strengthen your workplace safety culture, reduce claims, and ensure your business is protected with the right insurance, contact BGES Group today:

BGES Group
📞 Phone: (914) 806-5853
📧 Email: bgesgroup@gmail.com
🌐 Website: www.bgesgroup.com

We’ll review your current insurance program, identify gaps, and show you how the right combination of coverage and safety strategies can save you money and keep your employees safe.

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Final Thoughts

A safety incentive program is not just about handing out rewards—it’s about creating a culture where employees are motivated to look out for one another and actively participate in keeping the workplace safe. When paired with strong insurance coverage and expert guidance, it becomes one of the most powerful tools a business can use to reduce accidents, cut costs, and improve morale.

At BGES Group, we believe safety pays—for your employees, your reputation, and your bottom line. Let us help you implement the right strategies to protect what matters most.

When you’re looking for contractor insurance, it’s important to navigate the options carefully to ensure you’re getting the right coverage. With so many factors to weigh, it’s easy to feel overwhelmed. But don’t worry—here’s a simple guide to help you focus on key aspects that can make a big difference in your decision-making process.

1. Understanding the Basics of Coverage

Before you delve into specifics, it’s important to understand what contractor insurance typically covers. From liability protection to property damage, knowing the basics will help guide your search. Liability protection can shield you from claims related to bodily injury or property damage caused by your work, while property insurance might cover damages to tools and equipment. By grasping these foundational elements, you’ll have a clearer picture of what policies suit your needs.

Additionally, your basic coverage might offer extensions or endorsements. These are optional add-ons that can enhance your policy. Whether it’s contractor’s pollution liability or inland marine coverage for transporting goods, these additions might be worth considering depending on the specifics of your business operations. A good starting point is to get a quote and review what each standard package includes.

2. Assessing the Type of Work You Do

Different types of work require different kinds of coverages. Analyze your specific field and contracts to determine what risks are most prevalent, ensuring you seek coverage that aligns with your needs. Are you in construction, where risks of injury and property damage are high? In such cases, comprehensive general liability insurance is essential. On the other hand, if you’re in a niche field like electrical work or plumbing, you might need more specialized protections to handle unique liabilities.

The scale of your projects is another decisive factor. Consider whether the work you do involves large-scale construction or small renovations. This can influence the amount of coverage you need. Take some time to learn about specific industry risks to better inform your insurance needs, which is crucial to avoid underinsurance or paying for unnecessary extras.

3. Evaluating Policy Limits

Policy limits dictate the maximum amount an insurer will pay. Make sure the limits are sufficient for your potential liabilities, keeping in mind the scale and scope of your projects. For instance, a policy with too low a limit may not cover large claims, leaving your business vulnerable. On the other hand, excessively high limits might result in unnecessary premium costs.

Evaluate the worst-case scenarios—such as incidents involving extensive property damage or multiple injuries—when considering your limits. It’s also helpful to compare limits in insurance offers available for your type of work. This ensures you’re getting adequate coverage while staying financially savvy.

4. Comparing Deductibles

A deductible is what you pay out of pocket before your coverage kicks in. Compare options to find a balance between affordable premiums and manageable deductibles. A higher deductible generally means lower premiums, which might be appealing if you’re confident in minimizing claims. However, ensure that you can realistically manage the deductible cost should an incident occur.

Moreover, understanding your deductible options becomes vital if your contract requires a specific deductible amount. Misjudging this could leave you paying more than anticipated or compromise your coverage need. It’s prudent to conduct a detailed deductible analysis to see how different levels affect your overall budget and risk management.

5. Researching Provider Reputation

The insurance provider’s reputation for customer service and claims processing is crucial. Look for reviews and ratings to gain insights into their reliability and responsiveness. An establishment with a strong track record will give you confidence in their ability to support your business during claims.

Furthermore, considering customer feedback in forums and comparison sites can be particularly enlightening. A provider that consistently receives praise for efficient claims resolution and attentive customer service is invaluable. This aspect of your research can help you differentiate between potentially beneficial providers and those who might complicate your insurance experience.

6. Considering Additional Coverages

There might be extra coverages beneficial for your business, such as vehicle insurance or workers’ compensation. Determine if these are necessary to fully protect your operations. If you transport tools or equipment, commercial auto coverage becomes crucial. Likewise, workers’ compensation shields your business from employee-related medical claims and legal representation fees.

In addition, think about other potential situations your primary policy doesn’t cover. For instance, installing cyber coverage can offer protection against the rising threat of cyber incidents. Evaluating all these factors ensures your insurance adequately reflects the multifaceted nature of your business operations.

7. Reviewing Costs and Premiums

Finally, assess the overall costs associated with the insurance policies. Compare premiums side by side and consider the value offered by each option to ensure you’re making a financially sound choice. While a lower premium might save money initially, it’s imperative to evaluate whether it compromises the breadth or quality of coverage.

It’s also beneficial to consult an insurance advisor who can provide insights into your premium’s breakdown. This can help highlight any unnecessary charges or areas where adjustments could lead to savings. By conducting a thorough cost analysis, you’ll ensure your investment in insurance supports your business efficiently and economically.

BGES Group is one of New York, New Jersey, and Connecticut’s Construction Insurance Specialists representing 50+ companies, including all the BEST general & umbrella liability programs. We offer all the coverage needed, including property, builders’ risk, inland marine, general liability, umbrella liability, auto, bid & performance bonds, workers’ compensation, N.Y.S. disability, and group health.  Our commitment to you goes beyond the policies we provide. We are always just a call, text, or email away, ready to assist you, even on weekends. We understand the importance of your business and are here to help you navigate any insurance challenges. 

BGES Group are Workers’ Compensation Insurance Specialists for Tri-State Business Owners: Unhappy with your rates, company, being canceled, losses causing difficulty getting coverage, in the middle of an audit dispute, misclassified payrolls, or whatever your issue. We can help!  We have special programs for Auto Services, Contractors (especially in New York), Limousine Services, Logistics Companies, Manufacturers, Recyclers, and Truckers; we can help ANY tri-state business owner. We are considered “Preferred Agents” for this one program that, if we can get you into, their pricing is excellent, offers long-term coverage stability, and can cover multi-state operations. The program takes the hassle out of doing annual audits, too. 
 
If you want to speak with us, call Gary Wallach at 914-806-5853, click here to email, or visit our website.
 
Company: BGES Group, 216A Larchmont Acres West, Larchmont, NY 10538

email: bgesgroup@gmail.com

website: http://www.bgesgroup.com

© – Copyright – 2025 – BGES Group
 

For New York contractors, protecting yourself against risk is already complicated. Labor Law 240/241 exposures, rising insurance costs, and tough compliance requirements can make running a construction business feel like navigating a minefield. But many contractors are unaware of one of the biggest hidden traps inside surplus line Commercial General Liability (CGL) policies: the hard hammer clause.

This clause directly affects how claims are handled when subcontractors fail to meet strict insurance requirements. If you’re not paying attention, your company could be left exposed—without coverage—right when you need it most.

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What Is a Hard Hammer Clause?

A “hard hammer clause” is a condition in surplus line CGL policies that says if you don’t enforce subcontractor insurance requirements exactly as written, your coverage may be denied.

Most contractors assume their policy will respond to claims no matter what. But in reality, the insurer can refuse coverage if a subcontractor you hired isn’t properly insured—even if the accident wasn’t your fault.

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Standard Subcontractor Insurance Requirements

Almost every surplus line CGL policy in New York requires general contractors to flow down strict insurance requirements to their subcontractors. At a minimum, subcontractors must provide:

• $2 million in liability coverage.

• General contractor listed as Additional Insured on both ongoing and completed operations.

• Primary & Non-Contributory wording – making the subcontractor’s policy respond first.

• Waiver of Subrogation – preventing the sub’s insurer from going after the GC’s policy.

• Labor Law Coverage – absolutely critical in New York due to strict liability statutes.

• Workers’ Compensation Insurance – required for every subcontractor with employees.

These requirements are not “suggestions”—they are mandatory conditions under most surplus line CGL policies.

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Where the Trap Springs

Here’s the danger: if a subcontractor causes an accident and is not in full compliance with the hold harmless agreement and insurance requirements, the GC’s insurer can refuse to defend or indemnify the GC.

That means the GC is on the hook—for legal defense, settlements, and judgments. With New York Labor Law claims regularly reaching into the millions, this is a risk that could destroy even a well-established contractor.

For example:

• A subcontractor’s employee falls from scaffolding.

• The subcontractor has insurance, but the GC was never listed as an Additional Insured.

• The GC’s CGL policy has a hard hammer clause.

• The claim comes in—and the GC’s insurer denies coverage.

The GC ends up facing a multi-million-dollar Labor Law claim alone.

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Why This Hits New York Contractors Hard

New York has some of the strictest construction liability laws in the country. Labor Law 240 (the Scaffold Law) makes GCs and owners absolutely liable for gravity-related injuries, regardless of fault.

That means if your subcontractor slips up—even on paperwork—you could be left without coverage. And surplus line carriers know it, which is why they write policies with these hard hammer conditions.

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How to Protect Yourself

1. Tighten Your Subcontract Agreements – Make sure every subcontractor signs a contract with proper hold harmless and insurance requirements.

2. Collect & Verify Certificates of Insurance – Don’t just collect them; verify Additional Insured, Primary & Non-Contributory, and Waiver of Subrogation endorsements.

3. Audit Subcontractors Regularly – Insurance can lapse. A certificate from six months ago is useless if coverage was canceled last week.

4. Work With a Specialist Broker – Most agencies don’t fully explain these policy traps. You need a broker who understands New York construction insurance and Labor Law exposures.

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Why Contractors Trust BGES Group

At BGES Group, we specialize in New York construction insurance and know the traps hidden inside surplus line policies. We’ve seen too many contractors blindsided by hard hammer clauses and uncovered claims.

Here’s what makes us different:

• We’re not a big-box agency—we’re a responsive, family-run team that actually answers calls and gets problems solved fast.

• We proactively shop your policies—making sure you’re not overpaying for limited coverage.

• We help enforce subcontractor compliance—so you’re not left exposed when a claim happens.

• We’re trusted by 125+ five-star Google reviews from contractors who rely on us to protect their businesses.

When you work with BGES Group, you don’t just get a policy—you get a partner who cares about your survival and success in New York’s toughest construction environment.

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Contact BGES Group Today

Don’t wait until a claim hits to find out your policy won’t respond. Protect yourself now.

BGES Group

📍 Specialists in New York Construction Insurance

📞 Gary Wallach – 914-806-5853

📧 bgesgroup@gmail.com

🌐 http://www.bgesgroup.com

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Final Word

Hard hammer clauses in surplus line CGL policies aren’t going away. They’re designed to shift risk back onto contractors who don’t enforce subcontractor compliance. But with the right guidance, you can protect your business, stay compliant, and avoid financial disaster.

BGES Group can help you do exactly that.