The Internal Revenue Service and Department of Labor have been going after employers who misclassify employees as independent subcontractors – and the construction industry is squarely in their crosshairs.

In late 2011, the DOL and IRS entered into a formal agreement of cooperation in sharing information and data in order to enforce employment laws. If you have been improperly failing to withhold income taxes and contribute the employer portion of the Social Security and Medicare taxes, and failing to pay unemployment insurance premiums and workers compensation premiums for people functioning as employees, and one of them complains to the Department of Labor, you can expect the IRS to get wind of it, too.

Additionally, if you are using an unlicensed contractor, and closely directing their work, the Department of Labor and IRS will consider this individual to be an employee, not a contractor. If that person is injured while functioning as an employee, the employer is liable… and you had better have workers compensation insurance in place.

The distinction is especially critical in the construction industry, because of the innately hazardous nature of the workplace. Independent contractors are generally expected to provide their own insurance. Employees are not, but are covered under their employers’ plan. Failure to comply with employee classification laws risks employees falling through the cracks – and severe consequences for employers.

A Pervasive Form of Fraud

The deliberate misclassification of employees as independent contractors is an epidemic form of payroll fraud in the construction industry – and law enforcement at both the federal and state level nationwide are focusing resources on eradicating it.

Some studies indicate that as many as one worker in twenty is misclassified as a contractor when he should be considered an employee – and that companies that do misclassify workers as independent contractors do so routinely. Among employers that have been caught conducting this kind of fraud, they do so for an average of 40 percent of their workers.

This creates a substantial pricing advantage for dishonest contractors – and makes it that much more difficult for legitimate construction contractors to compete on a level playing field.

The practice also severely undercuts the industry as a whole, according to some observers and market participants. Marek Brothers Construction CEO Stan Marek maintains that as long as dishonest contractors circumvent wage and hour laws, there is no viable career path for young people who might otherwise consider going into the construction industry. “We will never attract young men and women into the construction industry until there is a career path,” he told a panel of Texas legislators and regulators. “There’s a tremendous need for skilled workers. A lot of kids don’t want to go to college. But if the construction industry is dominated by businesses that exploit workers, Texas kids aren’t going to sign up… It is a cancer that is eating the industry. It is killing us.”

Penalties for Payroll Fraud

It’s not just federal officials cracking down on employee misclassification and payroll fraud – state governments are also going after employers practicing this form of fraud, and a number of states have actually increased penalties in recent years.

Companies caught committing payroll fraud are typically charged back taxes and interest by both the IRS and state revenue officials. Companies are also fined up to hundreds of dollars per day per worker not covered by workers compensation insurance. Construction firms have also been hit with on-the-spot ‘stop work’ orders when state inspectors discover workers on site who aren’t covered by workers compensation. This can lead to cost overruns, time delays and uncomfortable conversations with customers and prime contractors upstream.

In egregious cases, people have been sentenced to prison time.  For example:

On September 6, 2012, in Richmond, Va., Mark S. Holpe, of Midlothian, Va., was sentenced to 18 months in prison and fined $40,000 for evading the payment of employment taxes on unreported cash wages he paid employees of Nature’s Way Landscaping, Inc. Holpe pleaded guilty to evading the assessment of $326,196 of employment taxes. Holpe worked for Nature’s Way, a business that did residential and commercial landscaping in the Richmond metro area. He was originally the president, but became the treasurer in 2007 when he sold a portion of the business. In entering his plea, Holpe acknowledged that the company had two groups of employees during tax years 2006 through 2009. Holpe admitted that he paid one group of approximately 30 employees $2,132,000 in cash wages during that period, without withholding social security taxes.

Staying out of Trouble

It is true that there is substantial gray area in defining who is an employee vs. who is an independent contractor. The IRS has published a 20-point series of tests to help determine how a worker should be properly categorized. In the construction industry, a lot of it comes back to who is holding the license: If you hire an unlicensed contractor, and you are directing their work and telling them what to do on a daily basis, and they are operating under your license, this is clearly an employee.

If that worker is injured, the employer is liable, and if workers compensation insurance is not in place, the medical costs could potentially push an employer into bankruptcy – even before back taxes, penalties and possible criminal prosecution is taken into account.

By way of further examples, your independent contractor may legally be an employee if any of the following factors apply:

1. You provide tools, training and/or materials for the job.
2. You are closely directing what time the worker or workers must show up on the job.
3. You are ‘counseling’ workers in writing about tardiness or other disciplinary issues.
4. You are dictating methods. Contractors don’t tell subcontractors how a job is to be done – they just define the scope of work and leave it to the subcontractor how best to complete it. If you tell someone how to do a job, rather than just describing the end state, chances are you could be turning them into a legal employee.
5. You expect any kind of exclusivity.
6. Do you require any kind of company-provided training?
7. Do you pay transportation expenses or provide transportation for these workers?
8. Do you reserve the right to terminate the worker at will?

The complete IRS 20-factor test can be viewed here.

Note that not all 20 factors need apply for the IRS, Department of Labor or state officials to determine that an employment relationship exists. Officials can and have determined that an employment relationship exists even when just a few of the 20 factors apply. Meanwhile, if there is any doubt or gray area, it’s important to address it immediately – and maintain legally required workers compensation, medical and other coverage until you are certain you are engaged in a bona fide contractor-to-contractor relationship, rather than an employer/employee relationship.

BGES Group, located in Larchmont, N.Y. are New York Construction Insurance Specialists that represent 50+ companies and all the BEST general & umbrella liability programs!  We offer every coverage you need including property, builders risk, inland marine, general liability, umbrella liability, auto, bid & performance bonds, workers’ compensation, N.Y.S. disability and group health.  We are extremely responsive, responsible, trustworthy, fast, minimize your insurance headaches, we don’t charge ridiculous policy or service fees and when you call, text or email, whatever time of day, even weekends, we are there to help YOU! 

BGES Group are Workers’ Compensation Insurance Specialists for Tri-State Business Owners: Unhappy with your rates, company, being cancelled, losses causing difficulty getting coverage, in the middle of an audit dispute, payrolls misclassified, whatever your issue, we can help!  We have special programs for: Auto Service, Contractors (especially New York), Limousine Services, Logistic Companies, Manufacturers, Recyclers, 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. Program takes the hassle out of doing annual audits too.

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 – 2024 – BGES Group

As more and more people are returning to work in offices after working remotely for a few years since the COVID-19 pandemic arrived, bullying and other workplace misconduct is increasing, according to a new study.

The study by Fama Technologies, a maker of applicant screening software, found increases in misconduct growing across industry sectors, putting employee morale, retention and productivity at risk for affected companies. If pervasive enough, it can turn into a legal liability for an employer as well as a blot on its corporate reputation.

It’s crucial for employers to understand the problem of employee misconduct and take steps to eliminate it.

Fama Technologies notes that one bad apple out of 20 in the workplace can have a significant effect on morale, productivity, engagement and retention. According to Fama: “This is known as the 5% rule — and is the foundational benchmark for this research.”

Employee misconduct is defined in the report as behavior that violates employer policies or breaks the law, and which negatively affects a company and its employees. Misconduct can be committed by rank-and-file workers, supervisors, managers and even in the C-suite.

There is a wide range of misconduct, including:

• Tardiness
• Drug use
• Bullying and abusiveness
• Harassment
• Sexual misconduct
• Intolerance
• Threats and violence.*

*Nearly 2 million U.S. workers are victims of workplace violence each year, according to OSHA.

Fama’s “State of Misconduct at Work” report found that:

• 10% of job candidates were found to have misconduct issues in 2023.
• Content with misconduct increased 40% year over year.
• Eight out of nine industries failed to successfully mitigate misconduct below the 5% threshold.
• Industries with the most misconduct were consumer services, media and entertainment, and education.
• The most common forms of misconduct were harassment, sexual misconduct and intolerance.

What employers can do

Putting in place a system for preventing misconduct requires input from a number of company individuals, including rank-and file employees, HR and IT. Focus on the following:

Create and implement unambiguous policies. Include a clear and concise worker code of conduct in your employee handbook. Specify exactly what types of behavior are considered inappropriate, as well consequences for non-compliance.

The policy should outline the consequences for various types of misconduct. Consider including a social media policy in the code as errant employees increasingly turn to those sources to vent and harass.

Set up a safe-reporting mechanism. Put in place a mechanism for employees to report misconduct with the promise of anonymity and without fear of reprisal. Identify who they should turn to and how to file a complaint.

After someone files a report, it’s incumbent on the employer to conduct an investigation to verify the complaint. That can include surveillance, interviewing other employees, and more.

Be vigilant. Employee theft and fraud is also misconduct. Be vigilant of employees that may be first to arrive and last to leave every day. Require that everyone take time off from work and use at least some of their vacation. It’s easier to detect fraud when the perpetrator is not at work for some time.

At the same time, requiring your staff to take time off can also help reduce their life stress and force them to unplug from work for a while.

Insurance

One final step is to ensure that you have in place an employment practices liability insurance policy, which can help cover the costs of employee lawsuits, jury awards or settlements.

It can protect you if your organization is sued for a covered event like harassment or discrimination.

BGES Group, located in Larchmont, N.Y. are New York Construction Insurance Specialists that represent 50+ companies and all the BEST general & umbrella liability programs!  We offer every coverage you need including property, builders risk, inland marine, general liability, umbrella liability, auto, bid & performance bonds, workers’ compensation, N.Y.S. disability and group health.  We are extremely responsive, responsible, trustworthy, fast, minimize your insurance headaches, we don’t charge ridiculous policy or service fees and when you call, text or email, whatever time of day, even weekends, we are there to help YOU! 

BGES Group are Workers’ Compensation Insurance Specialists for Tri-State Business Owners: Unhappy with your rates, company, being cancelled, losses causing difficulty getting coverage, in the middle of an audit dispute, payrolls misclassified, whatever your issue, we can help!  We have special programs for: Auto Service, Contractors (especially New York), Limousine Services, Logistic Companies, Manufacturers, Recyclers, 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. Program takes the hassle out of doing annual audits too.

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 – 2024 – BGES Group

We Have Programs for:

• Auto Service Stations
• Contractors – From Electricians (Low Risk) To Demolition and Roofing (High Risk)
• Distributors
• Limousine Services
• Manufacturers
• Truckers
• Wholesalers

Plans Offer:

• Rates savings up to 40%
• Protection while working in multiple states.  Please note state and assigned risk plan policies cover you based on that state’s wc benefit laws.  If you work out of state, weeks at a time, an employee gets injured, files claim out of state, you could be out of pocket tens, hundreds of thousands of dollars.  Our plans offer “The Right Protection.”
• Low first year deposit, no renewal deposit
• Monthly premium based on previous month’s payroll.  This has been a life savor to many of our client’s during these times.
• We DO NOT charge $500-$2,500 policy fees, 10% service fees, $25-$100 for certificates.  You can issue your own certificates on-line or we will issue them for you.  You never have to wait.
• If you are a contractor from the start we allow you to split field payrolls by trade.  Payrolls are NOT thrown into the highest rated class codes.
• Do you have a high Experience Modification factor or poor loss experience?  We can help you lower your rates
• Are your company’s auditors difficult to deal with?  When there are issues do they give you the benefit of the doubt?  Ours are very fair, reasonable, usually take no more than 15-30 minutes, easy to work with and accommodating.
• Looking for a new payroll company that can do your Workers’ Comp, payroll, W-2’s, direct deposits, NYS-45s, 941s and more?   How about a company that owns their own workers comp carrier.  That provides long-term coverage stability and whose rates are fiercely competitive?  We have such a plan.
• Do you have to wait on hold for 5-25 minutes before someone answers your call?  Certificates, does it take hours to get one?  Filing a claim, does your broker assist you?  Reviewing your coverage, does anyone do so? Our company offers FIRST CLASS service.  You will NEVER have to wait for ANYTHING and We DO NOT charge ridiculous policy or 10% service fees!

Problems We are Seeing:

1. Various well known insurance companies are non renewing their New York construction workers compensation policies.

2. New York Contractors Experience Modification Factors are having big swings. One contractor we are working on has a 1.43 experience mod. Another 1.46. Another .62. This is affecting getting work.

3. New York contractors are being asked for a ton of paperwork when it comes to their audits. It is taking up a lot of time and a large portion of the audits are incorrect when processed.

4. We are seeing missing credit(s) which could contractors thousands if not tens of thousands of dollars.

We Can Help You Address all These Problems.

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.

Testimonials

Maria P

We have worked with them for years. BGES is a great company to work with. Gary is always a pleasure to deal with. They are thorough and detailed and very prompt! I would highly recommend them!

Zbigniew J

We have worked with BGES for many years. Extremely helpful and always on top of the game! Gary is the kind of a broker who provides ” 24/7 customer service” whenever needed. We could not recommend his services enough !

Al Mri

Very very satisfied, great customer service, great rates compare to other insurance companies. Mr. Wallach is a very reliable & knowledgeable broker.

James K

I have been purchasing our Workman’s Comp insurance from Garry Wallach at BGES Group since 2013. Gary has always given My company excellent service and rates that no competitor can come close to. …More

Frank R

Gary is a solution based agent and very knowledgeable in the world of commercial insurance. I am very impressed with his approach and attention to detail. I will recommend him to my colleagues.

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.

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) 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.

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 mechanisms.  If you’re a contractor we offer extensive information about insurance markets, coverages, risk transfer mechanisms, subcontractor screening, ways to lower your insurance costs that lower them.

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 – 2024 – BGES Group

Businesses are increasingly using smartphones and tablets to manage their risks and improve their workplace safety.

An increasing number of applications for these devices — matched with other technologies — can help companies prevent losses, reduce the chances of workplace accidents and manage risk.

There are also a number of innovative apps that allow businesses to identify, report and address safety issues, security risks and other problems remotely.

This technology can make life easier for a company’s risk manager or human resource officers, adding another layer of protection.

Onsite systems

Mobile devices can now connect to business security and utilities systems. Many security equipment vendors offer apps that give business owners instant information when they’re away from the premises.

For example, the system may send a text alert to a smartphone if a security camera picks up sudden movements. Other systems communicate via apps that will send alerts to you on your phone in similar situations.

Other products may stream videos from multiple security cameras to a smartphone app, enabling the owner or personnel to keep an eye on the premises during off hours. This real-time information can help business owners limit the size of losses.

For example, a system might send a text alert when it detects a leak in the building’s plumbing system. Once alerted, the building owner can shut off the water remotely or in person, thus limiting the extent of the damage.

Video from cameras that monitor the premises can also be saved and used in helping businesses and police recover stolen property. A coffee manufacturer in Portland, Oregon, implemented a system like this.

Weeks after installation, the company recorded video of a burglar stealing thousands of dollars in equipment. The owners downloaded the video, sent it to the local police and posted it on social media channels. The video produced a full criminal investigation, arrest and conviction.

Risk management apps

There are several noteworthy applications on the market that businesses can use to manage their risks and workplace safety. The apps make it easy for employees to communicate with management about possible hazards that could lead to injuries in the workplace, particularly for employers with multiple locations or far-flung operations.

All of the following are available for both the iPhone and Android operating systems.

RiskReporter — This app is designed to help risk managers keep track of their organization’s potential risks. Users can record risk-related events as they occur and e-mail them to supervisors, all the while noting suggested risk-control measures and action plans.

Origami Mobile — The app enables risk professionals, employees and contractors to conduct job site audits and inspections and report incidents from locations nationwide even in instances where Wi-Fi is unavailable.

Users are able to detect and report workplace operational hazards and behavior trends, monitor effectiveness of safety programs, gather and leverage real-time incident data and provide coaching and training services to workers.

Kizeo Forms —This app allows users to customize components of the app specifically to their workplace. Its main function is the ability to report incidents from remote locations. Features include geolocation and the ability to fill out data from remote customer locations without internet.

The app also includes features like:

• Remote near-miss reporting
• Remote security log
• Remote risk assessment
• Remote check of personal protective equipment
• Ergonomics inspection.

Risk Assessor —This app lets you create detailed safety reports from your phone or tablet. You can brand up the reports with your company details and create a bespoke hazard and control list to suit your business.

BGES Group, located in Larchmont, N.Y. are New York Construction Insurance Specialists that represent 50+ companies and all the BEST general & umbrella liability programs!  We offer every coverage you need including property, builders risk, inland marine, general liability, umbrella liability, auto, bid & performance bonds, workers’ compensation, N.Y.S. disability and group health.  We are extremely responsive, responsible, trustworthy, fast, minimize your insurance headaches, we don’t charge ridiculous policy or service fees and when you call, text or email, whatever time of day, even weekends, we are there to help YOU! 

BGES Group are Workers’ Compensation Insurance Specialists for Tri-State Business Owners: Unhappy with your rates, company, being cancelled, losses causing difficulty getting coverage, in the middle of an audit dispute, payrolls misclassified, whatever your issue, we can help!  We have special programs for: Auto Service, Contractors (especially New York), Limousine Services, Logistic Companies, Manufacturers, Recyclers, 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. Program takes the hassle out of doing annual audits too.

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 – 2024 – BGES Group

Many companies are leaving themselves exposed to lawsuits for errors and other issues that crop up in their work because they lack professional liability insurance.

Traditionally it’s been architects, accountants and lawyers who would purchase this coverage, but with more work like coding, programing and other ventures spawned by technology, the need for this type of protection has grown.

In fact, a recent report by Forbes Insights and The Hanover found that 40% of small business owners believe they face professional risks, yet they have not purchased professional liability coverage as part of their overall insurance package.  

Many more firms are in the business of consulting or providing hi-tech services. In addition, the rampant growth of social media has also fueled the need for this type of coverage.

Professional liability insurance, also called errors and omissions insurance (E & O insurance), protects your business if you are sued for negligently performing your services, even if you haven’t made a mistake.

Businesses that need professional services coverage include:

• Technology and software firms
• Health, beauty and well-being services
• Therapists
• Architects and engineers
• Real estate agencies
• Consultants
• Marketing and advertising firms
• Medical professionals
• Wedding and event planners.

Coverage gaps

If you are relying solely on a general liability policy, it may not cover you in the event of a lawsuit over an issue with the services that you have rendered. 

Professional liability coverage can be especially important if you have customers who sue you for non-performance of your products or services, or withhold payment due to a contract dispute.

This is especially true if you are:

• Performing consulting work, training or other services for customers.
• Involved in work requiring special licenses.
• Designing, recommending, installing or testing products.
• Designing software or apps to a client’s specifications.

What it covers

Negligence – Professional liability insurance coverage can protect you and your business against actual or alleged errors and omissions that may occur while providing your professional services. 

These claims can include anything from giving incorrect advice or omitting a piece of information, to failing to deliver your service within a desired timeframe.

Legal costs – The policy includes covering your legal costs in defending against a claim. Some insurers will even appoint an attorney to represent you.

Examples

• A marketing consultant develops a drip e-mail campaign for a retailer that doesn’t generate the number of leads expected. 
• A management consultant develops an organizational strategy to improve communications in a company, but problems persist at the client and communications don’t improve. 
• A software developer fails to develop an app to the client’s specifications. 

In all of these examples, a client may sue for damages. And in every instance, a professional liability insurance policy should help protect you and your firm.

BGES Group, located in Larchmont, N.Y. are New York Construction Insurance Specialists that represent 50+ companies and all the BEST general & umbrella liability programs!  We offer every coverage you need including property, builders risk, inland marine, general liability, umbrella liability, auto, bid & performance bonds, workers’ compensation, N.Y.S. disability and group health.  We are extremely responsive, responsible, trustworthy, fast, minimize your insurance headaches, we don’t charge ridiculous policy or service fees and when you call, text or email, whatever time of day, even weekends, we are there to help YOU! 

BGES Group are Workers’ Compensation Insurance Specialists for Tri-State Business Owners: Unhappy with your rates, company, being cancelled, losses causing difficulty getting coverage, in the middle of an audit dispute, payrolls misclassified, whatever your issue, we can help!  We have special programs for: Auto Service, Contractors (especially New York), Limousine Services, Logistic Companies, Manufacturers, Recyclers, 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. Program takes the hassle out of doing annual audits too.

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 – 2024 – BGES Group

The average age of a construction worker is now in the 40s. Baby boomers — people born between 1946 and 1964 — represent 40% of the construction industry workforce, according to the Center for Construction Research and Training.

The nature of construction work presents many hazards for workers, many of which may not appear until late into a person’s career. Research suggests that long-term construction work impacts an individual’s musculoskeletal system. 

Also, any time an older worker suffers a workplace injury, they are more likely to be out of commission — and the road to recovery is longer. 

Because of the physical demands of the work, construction workers have to be healthier than the general population, but the same physical demands cause workers with injuries or illness to leave the industry.

Some 10% of construction workers do not return to work after an injury, and those with a musculoskeletal disorder (MSD), lung disease or other serious injury are more likely to retire on disability than workers with the same conditions in less physically demanding types of work.

Compared to office workers, construction workers are also less likely to have health insurance and they have an increased likelihood of developing a chronic disease as they age. Their odds also increase for developing lung disease, stroke, back problems and arthritis.

Risk factors for older workers

Lower-back injuries are a common injury experienced among construction workers. Also, as people age, they naturally lose strength and muscular endurance, which could have an effect on their ability to carry heavy loads. They may also lack the flexibility of younger workers and experience trouble working in awkward positions, making them more prone to a workplace injury.

Physical workload is an important determinant of work ability among construction workers, and in turn work ability is highly predictive of disability among such people. A construction worker between the ages of 45 and 54 with a low work ability index and severe low-back pain has a 40-fold increased probability of disability retirement compared to a construction worker without those risk factors.

And if they are injured, it can take someone older than 40 twice as long to recover from a typical injury.

A study of U.S. construction roofers found that workers over 55 had lower physical functioning, and were more likely to have both a chronic medical condition and an MSD.

The study found that older age, reduced physical function, and lack of job accommodation among these roofers were each predictive of early retirement.

What you can doThe study also found that construction roofers who had received job accommodation for an MSD or a medical condition were four times less likely to retire than workers with similar medical status but without accommodation.

Some form of job accommodation was offered to more than 30% of the workers in the study, and many of the accommodations were relatively simple, such as allowing more time to accomplish a task or changing the work schedule. But, few employers provided new tools or equipment.

Using the proper tools and work practices is important. Employers should also recognize the importance of job rotation among workers to help prevent repetitive-motion injuries.

Shifting focus from hazardous to safe work practices will help reduce injuries and keep older and more experienced employees safe and healthy on the job.

Common excuses Some of the common fallback excuses among baby boomer workers include:

• “I don’t need help!” — Some older workers won’t ask for help when lifting a heavy load that they think they could have easily hoisted when they were younger. This risks injury.
• “Deal with the pain!” — This old-school belief is that pain is part of the job, and that whining about it is for sissies. But if something hurts, the worker should stop and tell their supervisor.
• “I already know how!” — Many veterans are resistant to change in work processes or in using tools.
• “Get it done fast!” — A mentality of getting the job done quickly without following proper safety procedures, which can lead to injuries.

BGES Group, located in Larchmont, N.Y. are New York Construction Insurance Specialists that represent 50+ companies and all the BEST general & umbrella liability programs!  We offer every coverage you need including property, builders risk, inland marine, general liability, umbrella liability, auto, bid & performance bonds, workers’ compensation, N.Y.S. disability and group health.  We are extremely responsive, responsible, trustworthy, fast, minimize your insurance headaches, we don’t charge ridiculous policy or service fees and when you call, text or email, whatever time of day, even weekends, we are there to help YOU! 

BGES Group are Workers’ Compensation Insurance Specialists for Tri-State Business Owners: Unhappy with your rates, company, being cancelled, losses causing difficulty getting coverage, in the middle of an audit dispute, payrolls misclassified, whatever your issue, we can help!  We have special programs for: Auto Service, Contractors (especially New York), Limousine Services, Logistic Companies, Manufacturers, Recyclers, 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. Program takes the hassle out of doing annual audits too.

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 – 2024 – BGES Group

One of the proven ways to reduce the cost of a workers’ comp claim is to get the injured worker back on the job whenever it is safe to do so.

Preferably, employers should offer some type of modified work duty if they are still recovering from their injury and if that injury impedes them from performing the work they did before the accident.

If workers wait until they are completely healed before returning to work, the cost of a claim with $9,000 in medical expenses, for example, can quickly balloon to tens of thousands of dollars as they draw indemnity benefits to replace their lost wages from not working.

Not only that, but an extended absence can lead to employees becoming disaffected from the workplace and increasingly unmotivated to return.

Fortunately, a strong return-to-work program offers a path back into the workforce through light duty and transitional work. To keep costs in check, no workers’ comp program should be without such a program.

If you have an RTW program or are considering starting one, here are the top 12 things you should consider, courtesy of the Institute of WorkComp Professionals:

• Understand your state laws about returning an injured worker back to the job and the benefits they are entitled to after taking on transitional or light duty.
• Create an RTW program that outlines the steps the company will take to help a worker get back on the job as soon as it’s feasible after a workplace injury. Discuss transitional duty and light duty in the program documentation and distribute copies of it to your staff.
• Be creative in identifying temporary alternative jobs. Appoint an employee-management committee to create temporary alternative jobs. Injured employee jobs should be meaningful, not demeaning or demoralizing — and for sure should not be punitive.
• If you have an injured worker, visit various worksites or departments of your company to identify tasks that are similar to the employee’s existing job.
• Provide the treating physician with job descriptions for any temporary transitional duty and the employee’s regular work.
• Obtain medical restrictions from the medical provider and a release, so that you can put them in a job that will not strain or risk reinjuring them. Be proactive and prepared for the release. Don’t wait to have it in hand before you begin your process — a delay of even a few days costs you money.
• Encourage treating medical providers to approve temporary alternative duty for injured employees.
• Communicate regularly (at least once a week) with injured employees returning to work for a temporary alternative duty position. During this time, therapy and treatment may still continue.
• Inform the worker’s supervisors about the injured individual’s physical limitations from the injury and make sure they don’t push them too hard. Closely follow the restrictions outlined by the doctor, or you risk upsetting the worker, or worse, reinjuring them.
• Continue to pay the injured employee at their regular rate of pay. Consider doing so even if the employee is working partial hours. This will help you avoid paying lost-wage benefits and, in many states, reduce future settlements. It also builds employee morale.
• Keep the employee engaged by asking them on a weekly basis about the transitional duty, to identify obstacles or ascertain if they feel they can do more.
• Provide feedback to the physician regarding the progress the injured employee is making at the temporary alternative duty position, to make sure the physician is getting both sides of the story. It also conveys the concern you have for your injured employees.

The takeaway

If done correctly, an RTW program can help your worker get back on the job faster, help them feel like they are still part of the team, improve morale — and reduce your workers’ comp premiums.

BGES Group, located in Larchmont, N.Y. are New York Construction Insurance Specialists that represent 50+ companies and all the BEST general & umbrella liability programs!  We offer every coverage you need including property, builders risk, inland marine, general liability, umbrella liability, auto, bid & performance bonds, workers’ compensation, N.Y.S. disability and group health.  We are extremely responsive, responsible, trustworthy, fast, minimize your insurance headaches, we don’t charge ridiculous policy or service fees and when you call, text or email, whatever time of day, even weekends, we are there to help YOU! 

BGES Group are Workers’ Compensation Insurance Specialists for Tri-State Business Owners: Unhappy with your rates, company, being cancelled, losses causing difficulty getting coverage, in the middle of an audit dispute, payrolls misclassified, whatever your issue, we can help!  We have special programs for: Auto Service, Contractors (especially New York), Limousine Services, Logistic Companies, Manufacturers, Recyclers, 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. Program takes the hassle out of doing annual audits too.

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 – 2024 – BGES Group

We would all love to pass on a decent-sized legacy to our heirs. But too many estates are all but entirely consumed by the high costs of medical care, especially as we get older.

Yes, we have Medicare to cover the major medical expenses of those Americans over age 65. But many people fail to realize that long-term and nursing home care is not covered under Medicare.

Meanwhile, Medicaid can help with basic expenses — but generally only after you have impoverished yourself by spending your assets down to less than $2,000, depending on your state.

Until then, you’re going to have to either fund long-term care costs out of your own savings and pension income, or have long-term care insurance in place.

Consider these sobering statistics:

• One in three individuals who buy a long-term care policy at age 60 with a 90-day elimination period (benefits kick in after 90 days of chronic disability) will need those benefits before they die.
• Half of everyone over 60 will have a need for nursing home/custodial care at some point.
• The average woman who needs long term care spends 2.6 years in a facility. The average man spends 2.3 years.
• Ten percent of those who enter a nursing home will stay there five years or more.

The cost of long-term care

The median rate for a semi-private room in a nursing home was $8,669 per month in 2023 — $104,000 per year — according to the latest “Cost of Care Study” by Genworth. The median price of an assisted living facility was $5,350 per month, or $64,200 per year.

That’s easily enough to consume most or all of a private pension, and/or your Social Security income — leaving you and your family little or nothing left over in retirement for living expenses and savings of your own.

If you don’t have a lot of income coming in, it’s also enough to quickly eat away at most peoples’ retirement savings nest eggs.

Medicaid requirements have teeth

If you have assets like a home, and you receive Medicaid benefits, the state may place a lien on your home. When you pass away, the state may seize your home out from under your heirs and sell it to recover any Medicaid benefits that were paid to you, under a state Medicaid Recovery Program.

What you can do

Get long-term care insurance in place, if you qualify. Even a small amount of coverage can make a big financial difference for you and your family, should you ever have a claim.

Consider the Long-Term Care Partnership Program. If your state participates in this program, purchasing a qualified long-term care insurance plan may help you shelter a certain amount of your estate from any Medicaid recovery program.

That is, if you purchase $250,000 of long-term care protection, you may be able to exempt that amount from Medicaid collectors, thereby ensuring that you will be able to pass your family home and/or other assets on to heirs.

BGES Group, located in Larchmont, N.Y. are New York Construction Insurance Specialists that represent 50+ companies and all the BEST general & umbrella liability programs!  We offer every coverage you need including property, builders risk, inland marine, general liability, umbrella liability, auto, bid & performance bonds, workers’ compensation, N.Y.S. disability and group health.  We are extremely responsive, responsible, trustworthy, fast, minimize your insurance headaches, we don’t charge ridiculous policy or service fees and when you call, text or email, whatever time of day, even weekends, we are there to help YOU! 

BGES Group are Workers’ Compensation Insurance Specialists for Tri-State Business Owners: Unhappy with your rates, company, being cancelled, losses causing difficulty getting coverage, in the middle of an audit dispute, payrolls misclassified, whatever your issue, we can help!  We have special programs for: Auto Service, Contractors (especially New York), Limousine Services, Logistic Companies, Manufacturers, Recyclers, 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. Program takes the hassle out of doing annual audits too.

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 – 2024 – BGES Group

Are you a New York business owner looking for new Workers’ Compensation insurance? 

BGES Group offers programs for:

• Auto services
• Contractors including asbestos, demolition and roofers
• Limousine services
• Manufactures
• Moving and storage agents
• Truckers
• We can help any company

BGES Group prides ourselves on our ability to obtain competitive rates for clients while providing coverage that is tailored to their specific needs.  For example, we have a program that’s been around for 24 years that can cover a lot of New York contractors from low risk such as an electrician and plumber to high risk such as interior demolition and roofer. Regardless of the industry you are in, we can find you a policy.

Tell us your concerns.  Whether they’re finding lower rates or replacing coverage, we have 40+ insurance companies to market your account too. 

By the way, when you call we answer the phone. No more dealing with answering systems, being placed on hold, with people who are nice but don’t know much about insurance.  Our service is fantastic…go read our “Google Reviews” to see what others think.  Call or text Gary Wallach at 914-806-5853 day or evening, whenever it’s most convenient for you!

We offer programs that:

1. Require just a $200 deposit to bind coverage.
2. Where you go on line every month and report payroll and pay based on past month’s payroll.  When payrolls are less you pay less, when they are more you pay more.
3. Offer policies where you pay in monthly installments.
4. Offer payroll/workers’ compensation programs that can insure contractors, limousine services, movers, truckers just about any type company.
5. Offer payroll, workers’ compensation and even group health coverage.
6. Offer coverage for business owners who have had a run of bad luck loss wise.  We’ve been able to obtain coverage for accounts that have had $1 million plus in losses at competitive rates.
7. Offer state and assigned risk plans that ensure no business is left without coverage.
8. Tell us what you are looking for and we can go and get it for you.

To learn more about how we can help you secure the right workers’ compensation policy for your business, contact Gary Wallach today. You can reach him by calling or texting 914-806-5853, or by emailing bgesgroup@gmail.com.

BGES Group, located in Larchmont, N.Y. are New York Construction Insurance Specialists that represent 50+ companies and all the BEST general & umbrella liability programs!  We offer every coverage you need including property, builders risk, inland marine, general liability, umbrella liability, auto, bid & performance bonds, workers’ compensation, N.Y.S. disability and group health.  We are extremely responsive, responsible, trustworthy, fast, minimize your insurance headaches, we don’t charge ridiculous policy or service fees and when you call, text or email, whatever time of day, even weekends, we are there to help YOU! 

BGES Group are Workers’ Compensation Insurance Specialists for Tri-State Business Owners: Unhappy with your rates, company, being cancelled, losses causing difficulty getting coverage, in the middle of an audit dispute, payrolls misclassified, whatever your issue, we can help!  We have special programs for: Auto Service, Contractors (especially New York), Limousine Services, Logistic Companies, Manufacturers, Recyclers, 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. Program takes the hassle out of doing annual audits too.

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 – 2024 – BGES Group

The president of an Orange County, California cleaning company was convicted and sentenced recently for under-reporting his payroll by more than $8 million, which brought a premium loss of almost $900,000. He plead guilty to all of the felony charges, which were aggravated white-collar sentencing enhancement, three counts of misrepresentation of facts to the Workers’ Compensation Insurance program and six counts of misrepresentation of facts to the State Compensation Insurance Fund. In addition to the restitution fee of almost $900,000 and a $250,000 fine, the business owner received a stayed five-year state prison sentence pending the successful completion of a 10-year probation period.

California’s state law requires all employers to pay workers’ compensation insurance for their employees. The EDD and the Workers’ Compensation Insurance program both require records to be submitted ever year to ensure payroll taxes are paid. A specific formula is used to calculate the workers’ compensation insurance rates. A company’s injury claims history, the type of employees hired and the number of people in the workforce determine an employer’s rate. Premium insurance fraud occurs when a company deliberately falsifies loss history, payroll numbers, employee numbers or the type of duties the workers perform to pay less for insurance. In many cases, employers try to hide their workers under other uninsured businesses. If a worker under that entity is injured, he or she will be transferred to the insured entity.

Insurance companies are then liable for the injured workers. Illegally misrepresenting workforce facts allows employers to pay lower premiums or avoid buying insurance coverage. This puts competitors at a major disadvantage by forcing them to work against a company with much lower but fraudulent operating costs. When this happens, the cost of insurance goes up for legitimate companies due to fraud. In addition to this, employees who are injured may not be able to collect the workers’ compensation funds they need to recover from work-related injuries.

The convicted company president referenced at the beginning of this article had been in business since 1998. His company distributed and manufactured commercial and household cleaning products to sell throughout the United States. The business owner received the SCIF policy in 2001, but he did not report the majority of his workforce, which he leased from one of the multiple leasing companies he owned. In 2008, the owner insured those leasing companies but did not disclose his policy to SCIF. From that time until 2010, he under-reported his payroll. After one of the employees working for one of the labor leasing companies filed a workers’ compensation claim, SCIF started investigating. While the injured worker was employed by a leasing company, the individual also worked at the cleaning product company. SCIF reported the incident to the Bureau of Investigation of the Orange County District Attorney. The DA then took over investigating the case and filing charges.

BGES Group, located in Larchmont, N.Y. are New York Construction Insurance Specialists that represent 50+ companies and all the BEST general & umbrella liability programs!  We offer every coverage you need including property, builders risk, inland marine, general liability, umbrella liability, auto, bid & performance bonds, workers’ compensation, N.Y.S. disability and group health.  We are extremely responsive, responsible, trustworthy, fast, minimize your insurance headaches, we don’t charge ridiculous policy or service fees and when you call, text or email, whatever time of day, even weekends, we are there to help YOU! 

BGES Group are Workers’ Compensation Insurance Specialists for Tri-State Business Owners: Unhappy with your rates, company, being cancelled, losses causing difficulty getting coverage, in the middle of an audit dispute, payrolls misclassified, whatever your issue, we can help!  We have special programs for: Auto Service, Contractors (especially New York), Limousine Services, Logistic Companies, Manufacturers, Recyclers, 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. Program takes the hassle out of doing annual audits too.

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 – 2024 – BGES Group