You Can Be Sued if a Customer Harasses Your Staff

New:

1. Have high value property located along the shore line or on islands like Fire Island, Block Island, Long Beach Island, etc?  We have a property/liability/flood program that can give you the coverage needed.  Call 914-806-5853 for help today!

2. Check out our new Construction News website which will tell you what’s going on in the construction industry throughout the country.  Click here.

Article:

With confrontations between angry customers and employees just trying to do their jobs increasing during the COVID-19 pandemic, employers need to make sure they have policies in place to protect workers who are confronted.

As well, many customer-facing companies — mainly retailers, restaurants, retail printers and entertainment venues — have seen an uptick in customers sexually harassing employees or racially attacking them, as civility in society seems to have taken a turn for the worse.

If you are not doing all you can to protect them against violence and harassment by customers or vendors through training and policies, you could be sued for those failures.

The typical employment practices liability insurance (EPLI) policy only covers costs related to claims of harassment, discrimination and other workplace ills perpetrated by company insiders, and not to claims costs related to harassment of your staff or violence against them by customers or outsiders if an employee decides to sue you for not protecting them.

However, there is a rider that can be purchased: third party EPL coverage.

To protect your company from an employee lawsuit, you must first safeguard your workers.

Protecting your employees and company

To protect your organization from third party claims, you need to go beyond just purchasing coverage.

If your organization has a lot of interaction with the public, it is especially vulnerable to EPL claims spurred by the behavior and actions of third parties against one or more of your staff. Also, because you care about them, you should do all you can to protect them.

You should implement policies and procedures that address discrimination and harassment issues, both from the standpoint of an employee’s actions and the actions of third parties. EPLI carriers are increasingly requiring employers to implement these practices before they will issue a policy.

Training

Policies are not enough if employees aren’t adequately trained. New employee orientations should include a presentation on your harassment/discrimination policies.

The training must also include how to report and handle the situation when a customer is harassing or threatening one of your employees (team). Topics include:

  • Ways to de-escalate a situation.
  • Having employees experiencing harassment say a safety word to a nearby worker, so they can take a break and get away until the customer leaves and/or have a manager intervene.
  • Encouraging staff to report to their manager if a certain customer continues harassing them each time they come in.
  • Emphasizing the fact that you won’t retaliate against staff who complain about a threatening or harassing client or vendor.
  • Calling law enforcement if a customer’s anger and actions are escalating.
  • Training your employees to walk to their cars in groups after their shifts for safety reasons after a confrontation during their shift.

Employees must be periodically retrained through departmental meetings. To maintain the effectiveness of departmental training sessions, be sure that supervisors are provided with copies of all policy updates and procedural changes.

Insurance

An employer is liable for third party harassment or discrimination just as it would be for harassment by a co-worker — that is, the employer is liable if its behavior regarding the harassment is negligent.

Negligence means that the employer knew or should have known of the harassment and failed to take appropriate corrective action.

As mentioned, a typical EPLI policy won’t cover your legal expenses, settlements or court judgments if the harasser is a customer or vendor. For that you would have to purchase third party EPLI. These policies cover your firm if you’re sued by an employee over:

Harassment by an outsider. This can include unwanted sexual advances or requests for sexual favors. Both verbal and physical conduct, as well as other forms of harassment that create a hostile or offensive work environment, are covered. Some policies also cover accusations of mental anguish, emotional distress, humiliation and assault.

Discrimination by an outsider. This includes discriminatory practices against one of your staff based on their race, religion, age, sex, national origin, disability, pregnancy or sexual orientation (such as a customer refusing to be served by someone because of their race).

In some cases, EPLI carriers may not provide third party coverage to firms with a high potential for claims. Instead, they might offer limited coverage, like accusations of discrimination, but not harassment claims.

If you have staff dealing with customers regularly, this kind of insurance can protect your firm in case you are sued by a staff member for not doing enough to prevent customer harassment or discrimination.

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

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

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

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

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

e-mail: bgesgroup@gmail.com

website: http://www.bgesgroup.com

© – Copyright – 2021 – BGES Group

Is Your Data Secure Enough for Employee Phones?

New:

1. Have high value property located along the shore line or on islands like Fire Island, Block Island, Long Beach Island, etc?  We have a property/liability/flood program that can give you the coverage needed.  Call 914-806-5853 for help today!

2. Check out our new Construction News website which will tell you what’s going on in the construction industry throughout the country.  Click here.

Article:

With about 75% of employees in the U.S. using their own devices for work communications and productivity, businesses must implement safeguards to avoid company data from being compromised should a device be stolen, hacked or contract a virus.

The BYOD (bring your own device) trend has grown as many employees have eschewed company-issued mobile devices, preferring to use their own.

But, while a company can install certain software and make security settings on its own phones, the task is harder when your workers want to use their own devices for their jobs, according to a new study by mobile solutions provider CDW.

Fortunately, the market has responded with systems and software to help businesses secure the personal smartphones and tablets that their employees use to conduct their jobs.

There are a number of benefits to allowing your staff to BYOD, according to the CDW report, including:

  • More employee satisfaction — It allows them to choose the phone they prefer, and requires them to keep one device.
  • Increased productivity — When your employees have access to your company’s resources, they can do their work from anywhere that is convenient.
  • Cost savings — You won’t be shelling out for phones and cell phone plans, although you may need to pay for various security platforms.
  • Disaster recovery — If disaster strikes, your staff can work remotely with their smartphones.

Also, because employees are likely to have their phone plans through a variety of carriers, if one carrier goes down in a disaster others may still be operational.

But, increased mobility comes with more risk to your company’s data or the information you store on your customers. When employees co-mingle personal and business uses on the phone it poses dangers, particularly if the device is compromised and passwords discovered.

The biggest concern is hackers gaining access to an employee’s personal files and using them as a gateway to your company’s data. This is made particularly easy if an employee uses the same password for both work and personal accounts.

Locked and loaded

The best weapon currently available for BYOD devices is what is known as Enterprise Mobile Device Management software.

Once the software is installed on your employee’s phone, it gives you the ability to set the security configurations for the device remotely. There are a number of great features with this technology, according to the CDW report, including:

  • The ability to prevent data from being saved to removable media that are outside the organization’s control.
  • The ability to restrict access to software, such as preventing use of the organization’s data on a device with applications which the company has not approved for use.
  • Encrypting the business’s data stored on a device, to stop unauthorized applications and users from accessing it.
  • The ability to monitor each device’s security settings, in order to detect violations of the firm’s security policies.
  • The administrator can remotely lock a device if it has been stolen or lost. This will keep anybody without knowledge of the unlock password from using the device.
  • The administrator can remotely issue a command and all of the organization’s data and applications will be wiped from the phone.

Other measures you can implement include:

  • Host-based firewalls — These are on top of any firewalls you may have in your network, and are installed on the phone. But these are new solutions and there are not many on the market currently, so choose carefully.
  • Antivirus software — This too is a relatively new development for mobile devices, but as needs grow the market will too. For now, research any software you are considering.
  • Mobile web security — Many mobile phone browsers include security controls that can help thwart unwanted programs and viruses from getting a foothold as a result of an errant click on a bad link.

The takeaway

If your staff are using their phones for business and they have enterprise apps on them that can access your databases, you may be putting your systems and intellectual property at risk of cyber attack.

If you follow the above advice, you’ll be better able to thwart any attacks on your employees’ smartphones that could hamstring your business.

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

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

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

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

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

e-mail: bgesgroup@gmail.com

website: http://www.bgesgroup.com

© – Copyright – 2021 – BGES Group

Extended Power Outage Survival Guide

As weather becomes more erratic and natural disasters increase, more people are at risk of suffering a power outage.

Be that people in wildfire areas, or regions susceptible to flooding, hurricanes and tornadoes, power outages will often come with the territory during catastrophic events.

Power outages can:

  • Disrupt communications, water supply and transportation.
  • Close retail businesses, grocery stores, gas stations, ATMs, banks and other services.
  • Cause food spoilage and water contamination.
  • Prevent use of medical devices.

The best way to survive a power outage, particularly if you don’t know how long it will last, is to be prepared.

Fortunately, there are a number of steps you can take to prepare for an outage. Also, you will be able to weather it better if you know what to do when one happens. Here are some tips from the Federal Emergency Management Administration:

Steps to take now

  • Take an inventory now of the items you need that rely on electricity.
  • Talk to your medical provider about a power outage plan for medical devices powered by electricity and refrigerated medicines. Find out how long medication can be stored at higher temperatures and get specific guidance for any medications that are critical for life.
  • Plan for batteries and other alternatives to meet your needs when the power goes out.
  • Sign up for local alerts and warning systems. Monitor weather reports.
  • Install carbon monoxide detectors with battery backup in central locations on every level of your home.
  • Determine whether your home phone will work in a power outage and how long battery backup will last.
  • Review the supplies that are available in case of no power. Have flashlights with extra batteries for every household member. Have enough nonperishable food and water.
  • Use a thermometer in the refrigerator and freezer so that you can know the temperature when the power is restored.
  • Keep mobile phones and other electric equipment charged and gas tanks full.

How to survive during an extended power outage

  • Keep freezers and refrigerators closed. The refrigerator will keep food cold for about four hours. A full freezer will keep the temperature for about 48 hours. Use coolers with ice if necessary. Monitor temperatures with a thermometer.
  • Use food supplies that do not require refrigeration.
  • In homes that have lost power but suffered little other damage, you can safely cook on a gas stove. Cook food that is at risk of spoiling first, so it doesn’t go to waste.
  • Avoid carbon monoxide poisoning. Generators, camp stoves or charcoal grills should always be used outdoors and at least 20 feet away from windows. Never use a gas stovetop or oven to heat your home.
  • Check on your neighbors. Older adults and young children are especially vulnerable to extreme temperatures.
  • Go to a community location with power if heat or cold is extreme.
  • Turn off or disconnect appliances, equipment or electronics. Power may return with momentary surges or spikes that can cause damage.

How to stay safe after an outage

  • Throw away any food that has been exposed to temperatures 40 degrees or higher for two hours or more, or that has an unusual odor, color or texture.
  • If the power is out for more than a day, discard any medication that should be refrigerated, unless the drug’s label says otherwise. If a life depends on the refrigerated drugs, consult a doctor or pharmacist and use the medicine only until a new supply is available.

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

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

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

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

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

e-mail: bgesgroup@gmail.com

website: http://www.bgesgroup.com

© – Copyright – 2021 – BGES Group

We are Workers’ Compensation Specialists Looking to Partner with Accounting Firms to Help Their Client’s With Their Worker’s Compensation Needs!

Here’s are Issues We Can Help With:

1. Rates too high?   We have programs whose rates can be up to 40% less. Specifically, we have programs for contractors, limousine operators, local-truckers, manufacturers, distributors, offices, real estate companies and wholesalers.  We can get any business owner Workers’ Comp.   

2. In the middle of an audit dispute?   Client being told pay or be cancelled?  Company charging for uninsured subs that have insurance?  We can help YOU with your client’s audit disputes as well as give them a back-up plan just in case one is needed.

3. Now without coverage? We can help client’s get worker’s compensation even if they’ve been without coverage for months.

4. Classified Incorrectly? – Client in a wrong class code and company won’t budge? There are some companies that if your i’s are not dotted and t’s crossed will take all your payroll and throw it into the highest rated codes. They have no interest in helping. They want your client to pay as much as possible. We know the rules and will help your client’s get properly classified.

5. Working in multiple states If you have a client whose home office is in state A but has employees working in state B, depending on their plan, they can be without coverage.  For example, you have a contractor who has their main office in State A, has their Worker’s Comp in a state or assigned risk plan, gets a 2 month job in state B and while working in state B one of his employees gets injured.  Employee lives in state B so he files claim in state B.  Most likely claim will be denied.  We have solutions.

6. Poor loss experience? – Client had bad luck? We’ve helped two with claims totaling $500,000 and $1.2 million get coverage. Over the past few years there have been more questionable claims.  Depending on what client does, we have a company who can insure them even id they’ve had a streak of bad luck.

7. Is client’s agency’s service poor? Can they get someone on the phone when needed? Do they speak to a different person every time they call?  When they send an email does it take days before they hear back? Is their agency charging a 10% service fee yet doing nothing?  With us they’ll speak to one person who will immediately answer their call.

8. Client Have their Worker’s Compensation with a payroll service who is NOT transparent?  This should not be the case.  Some companies charge for everything so if you’re not scrutinizing their bills client can end up paying more than they think.  Let us help figure what they are paying so they’re not overpaying.

9. High Experience Modification Factor? – Let us do an analysis and try to lower it.   Won’t cost anything.  Maybe we can get client back money!

10. Whatever client’s issue we can helpEven though we have not mentioned the issue of concern know we can help.   For 38 years we’ve specialized in Workers” Comp. Helping client’s is our #1 priority.  We are frugal when it comes to their money. We do not charge service fees (unless the insurance company we use does not pay us a commission).  We want to understand their needs, their issues, and work together WITH YOU to help!

If Acceptable To You:

We will pay you a monthly referral fee or however we need to structure it so long as it’s in compliance with the law for as long as we service account.

All you have to do is have your client fill out one of our questionnaires which takes less than ten (10) minutes.  We do the rest.  You will not have do anymore paperwork.

Depending on state (we only cover NY, NJ, CT) we can set up client   where every years there’s not an annual audit or a simplified audit.  Less headaches for you.

We will handle all problems, questions, paperwork, servicing.

This can further cement your relationship to your client.

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

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) – 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.

New Jersey and Connecticut Contractors:  We have a fiercely competitively priced (savings up to 50%)  General Liability, Umbrella Liability, Business Auto, Workers Compensation program.  Want to lower these costs?  Get a quote today!

Identity Theft – Over the past year hundreds of thousands of people have had to deal with identity theft.  This has become such a huge problem so we now offer Identity Theft Protection. We heard stories of kids going for car loans and learning they owe $200,000+ to companies they never heard of.  Under our program you can protect yourself, spouse and up to 10 children.  Anyone you know can purchase this protection though our plan!  Click here to learn more or sign up.

If you would like to speak with us call Gary Wallach at 914-806-5853 or email: bgesgroup@gmail.com or visit our website: www.bgesgroup.com.

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

e-mail: bgesgroup@gmail.com

website: http://www.bgesgroup.com

© – Copyright – 2021 – BGES Group

Reviews

2022 plan year information for Paid Family Leave coverage

New York State Department of Financial Services has released the . Please note changes in regard to maximum weekly benefit, maximum covered wages and maximum employee contribution: Benefit percentage and premium rate remain unchanged for 2022.

All changes are effective January 1, 2022.

You can view the full release here.

New Maximum PFL Weekly Benefit

The maximum PFL benefit percentage in 2022 has remained unchanged at 67% of the employee’s average weekly wage, not to exceed 67% of the statewide average weekly wage, which is $1,068.36 per week. The maximum allowable duration of a PFL claim has remained unchanged at 12 weeks. The 4-year tiered PFL benefit roll-out was reached last year and will remain the same going forward unless otherwise determined by the Superintendent.

Year Benefit % Maximum Weekly Benefit Payout Benefit Duration
2018 50% $652.96 8 weeks
2019 55% $746.41 10 weeks
2020 60% $840.70 10 weeks
2021 67% $971.61 12 weeks
2022 67% $1,068.36 12 weeks
New Maximum Covered Wages

The maximum covered employee wages used in calculating the PFL contributions for 2022 have increased to $82,918. All eligible employee wages, including commissions and bonuses, up to $82,918 annually will be subject to the premium charge.

Year Maximum Annual Covered Payroll
2018 $67,908
2019 $70,570
2020 $72,860
2021 $75,409
2022 $82,918
Premium Rate / Maximum Employee Contribution

The PFL premium rate for 2022 will remain unchanged at .511% (.00511).

Year Maximum Annual Covered Payroll Premium Rate Maximum Annual Employee Contribution
2018 $67,908 .00126 $85.56
2019 $70,570 .00153 $107.97
2020 $72,860 .00270 $196.72
2021 $75,409 .00511 $385.34
2022 $82,918 .00511 $423.71
Applicability

Keep in mind that PFL, like DBL, is a required statutory coverage.  All premiums are paid through employee contributions.  Failure to provide PFL coverage is subject to penalty by New York State.

Form Availability

We have begun the process of updating our systems to accommodate this new information. We feel confident that the transition into 2022 will be a smooth one. Policy documents (NYPFL-0122) will be available during the 4th quarter of 2021.

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

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

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

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

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

e-mail: bgesgroup@gmail.com

website: http://www.bgesgroup.com

© – Copyright – 2021 – BGES Group

COVID-19 Drives Surge in Employment Practices Claims

COVID-19 Drives Surge in Employment Practices Claims

New:

1. Have high value property located along the shore line or on islands like Fire Island, Block Island, Long Beach Island, etc?  We have a property/liability/flood program that can give you the coverage needed.  Call 914-806-5853 for help today!

2. Check out our new Construction News website which will tell you what’s going on in the construction industry throughout the country.  Click here.

Article:

Employers are being hit with a wave of COVID-19-related employment lawsuits, which is starting to have an effect on employment practices liability insurance (EPLI) rates and coverages.

A tally by the law firm of Fisher Phillips found that as of August 2021 there had been 2,950 COVID-19-related employment lawsuits filed in the U.S. Most of the complaints concern remote work arrangements, workplace safety and discrimination.

Lawyers predict a new wave building as employers get pushback from some employees about their vaccine policies and continuing safety measures.

The most common COVID-19-related complaints are:

  • Remote work and leave issues (28% of total)
  • Employment discrimination (26%)
  • Retaliation/whistleblower (24%)
  • Wage and hour (7%)
  • Unsafe workplace (3%)
  • Wrongful discharge (3%)
  • Negligence/wrongful death (3%)

Fisher Phillips in a recent blog post warned that a few signs point to a continued surge in litigation:

No summer case slowdown — Usually there is a slowdown in new employment litigation during the summer months, according to Jay Glunt, a Fisher Phillips partner. “But the fact that we didn’t see much of a lull in employment-related COVID litigation – and in fact saw an uptick — sends a clear signal that we could be in for a rough couple of months ahead.”

In fact, the number of COVID-19 workplace lawsuits jumped 61% during June through August 2021 to 715 cases, compared to 444 such lawsuits filed in the same period of 2020, according to the law firm.

During the first eight months of 2021, there was an average of 253 new COVID-19-related employment claims filed per month, up 59% from the average 159 new lawsuits filed in the final eight months of 2020.

Furthermore, according to Fisher Phillips COVID-19 Tracker, the busiest litigation months follow periods when coronavirus cases have been surging, such as in January to March 2021, when 826 cases were filed (an average of 275 a month).

Vaccine mandates — Employment lawyers also predict that as more employers devise ways to get their staff vaccinated, many will get pushback from workers. Some employees may just quit and find work with a company with a more relaxed approach, but others may seek out legal counsel and sue their employers.

This is the biggest concern for businesses who are requiring that all their staff be vaccinated at risk of losing their jobs. While there seems to be cover for such employers from the Equal Opportunity Employment Commission, that is unlikely to deter some people from mounting claims anyway.

Even if an employer manages to win the case or settle, that usually won’t happen until tens of thousands of dollars have been spent on legal fees and discovery.

To date, vaccination-related employment practices claims account for less than 5% of COVID-19 suits, but that is expected to rise as mandates and other “sticks” become more commonplace.

The backstop

In light of this growing exposure, employers would be wise to consider purchasing an EPLI policy. These policies are triggered for employment-related claims, which include COVID-19-related claims and cover legal defense costs, settlements and compensation awards.

However, many insurers have increased their rates as well as the deductibles that policyholders have to bear. Some are also capping policy limits. Rate hikes have been averaging more than 10% on EPLI policies as litigation has skyrocketed during the pandemic.

If you have an EPLI policy, it can be tapped if you are sued, but policies won’t cover all types of claims, including the following:

  • A returning employee alleges he or she contracted COVID-19 at the office as a result of the employer’s inadequate safety policies and practices. Many EPLI policies exclude losses resulting from OSHA violations and for workers’ compensation claims.
  • An employee alleges that an employer had failed to provide legally required protective equipment, resulting in enhanced risk of exposure to COVID-19. Many EPLI policy forms exclude coverage for costs incurred to comply with injunctions and equitable relief, such as claims demanding accommodations for disabled persons under the Americans with Disabilities Act or to repair unsafe workplace conditions.

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

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

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

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

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

e-mail: bgesgroup@gmail.com

website: http://www.bgesgroup.com

© – Copyright – 2021 – BGES Group

Coronavirus Tax

FEMA Recovery Centers Open in Westchester

FEMA Recovery Centers Open in Westchester

We are sharing some more news received from Westchester Legislators … On Thursday, FEMA announced the opening of two disaster recovery centers in Westchester. They are located at:
  • The Grinton I. Will Library, 500 Central Park Ave., Yonkers, NY 10710 and
  • The Mamaroneck Village Court, 169 Mt Pleasant Ave., Mamaroneck, NY 10543
They will be open from 8:00 a.m. – 7:00 p.m. daily, until further notice. People may also register with FEMA online at www.disasterassistance.gov, or by phone by calling 800-621-3362. Individuals who have a speech disability or hearing loss and use TTY should call 800-462-7585 directly. These toll-free telephone numbers are operate from 7 a.m. to 11 p.m. seven days a week with multilingual operators.
Start Your Recovery Process:
  1. Take photos of your damaged home and belongings.
  2. Make a list of damaged or lost items.
  3. Save yourself time. If you have insurance, you must file a claim with your insurance company (If you do not have insurance, skip to step 4).
  4. 3 ways to apply:
Documents You need to Provide to FEMA:
  • Proof of identification
  • Insurance determination letter
  • Proof of occupancy or ownership
*Special Note: FEMA cannot provide assistance for losses that are covered by insurance.

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

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

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

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

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

e-mail: bgesgroup@gmail.com

website: http://www.bgesgroup.com

© – Copyright – 2021 – BGES Group

Reviews

Major Disaster Declared – Federal Aid Available for Residents & Small Businesses

Major Disaster Declared – Federal Aid Available for Residents & Small Businesses

Today, we are sharing news received from Westchester Legislators …

Westchester residents who suffered property damage from the remnants of Hurricane Ida may be eligible for assistance from the Federal Emergency Management Agency, following President Joe Biden’s Major Disaster Declaration for our area on Monday.

FEMA and New York State have been on the ground evaluating damages for about 3 days.

FEMA will be able to offer financial assistance to residents through ‘individual assistance’ programs.

Please make sure you are carefully documenting all damage in writing and with photographs, receipts and other documentation.

FEMA will set up Disaster Recovery Centers (DRCs) where people can file claims for assistance in communities which are particularly damaged. The County is working with FEMA to organize DRCs throughout the county as well as mobile DRCs where residents can file online or remotely.

Those eligible for assistance are impacted residents with eligible disaster related losses.

  • Damage must have occurred during the incident period of the declaration and be a direct result of the incident.
  • Eligible losses include non-insured damage/loss to primary residence, damage/loss to eligible personal property.

For more information, and to view the FEMA individual assistance application and required application information please visit https://www.disasterassistance.gov/.

If you need further information or assistance, you may also call the FEMA Helpline at 1-800-621-3362. This number is also for users of 711 or Video Relay Service (VRS). TTY users can call 1-800-462-7585. Helpline services are available 7 days a week from 7 a.m. to 1 a.m. ET.

Small businesses recovering from Ida damage may also qualify for disaster loan assistance from the Small Business Administration.  For information please visit https://disasterloanassistance.sba.gov/ela/s/ or call 1-800-659-2955 (TTY/TDD: 1-800-877-8339)

Residents who need housing assistance should reach out to the County Department of Social Services.  If you have a housing emergency you may call 914-995-2099.

More information about aid is also available from Governor Kathy Hochul’s office.  Please visit https://www.governor.ny.gov/programs/governors-relief-and-response-resources to learn more.

As we get additional information, we will let you know.

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

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

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

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

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

e-mail: bgesgroup@gmail.com

website: http://www.bgesgroup.com

© – Copyright – 2021 – BGES Group

Reviews

Businesses and Insurers Are Fighting Over Coverage for COVID-Caused Shutdowns

Businesses and Insurers Are Fighting Over Coverage for COVID-Caused Shutdowns

New:

1. Have high value property located along the shore line or on islands like Fire Island, Block Island, Long Beach Island, etc?  We have a property/liability/flood program that can give you the coverage needed.  Call 914-806-5853 for help today!

2. Check out our new Construction News website which will tell you what’s going on in the construction industry throughout the country.  Click here.

Article:

In courtrooms all over the country, battles are occurring between businesses who endured COVID-19-related shutdowns and insurance companies who believe they are not obligated to reimburse them for their losses.

According to the Covid Insurance Litigation Tracker from the University of Pennsylvania Carey Law School, more than 1,800 lawsuits have been filed in state and federal courts, over a third of them by restaurants and bars. They seek to make insurers pay for business interruption losses suffered by organizations forced to shut down by government order during the pandemic.

So far, the courts are mostly siding with the insurance companies, but not in all cases.

State courts have partially or fully dismissed 85 of 117 cases. Federal courts have dismissed nearly 400 out of 414 suits against insurers. An August 31 decision by a federal appellate court in Atlanta is representative: The court dismissed a dental practice’s suit against its insurer, saying, “We do not see how the presence of (viral) particles would cause physical damage or loss to the property.”

However, judges’ opinions are not uniform on this question.

Business interruption coverage

Business interruption insurance reimburses an organization for lost income and necessary continuing expenses when it must cease operations after its location is damaged or destroyed. Such coverage is typically included in commercial property policies.

Affected businesses argue that their buildings were essentially lost to them because of an unpredictable event. State and local authorities restricted their operations due to COVID-19 or prohibited them from operating at all. The shutdowns cost them tens or hundreds of thousands of dollars in income. Many may have to close permanently without insurance recoveries.

Insurers point to the words in their policies. Almost universally, the policies say that the carriers will pay for loss of business income resulting from “direct physical loss of or damage to covered property.”

The coronavirus, they argue, did not cause direct physical loss or damage. The buildings where the businesses operated are still there. The interior and exterior surfaces, furnishings and equipment all look the same.

To the insurers, property is damaged if it has been physically changed. The virus, they say, did not change the property, and in fact died out in a matter of hours if it was on the property at all.

In addition, many insurers added “virus exclusions” to their property insurance policies following the SARS epidemic of 2002 to 2004. These policy provisions state that the insurer will not pay for losses “caused by or resulting from any virus, bacterium or other microorganism that induces or is capable of inducing physical distress, illness or disease.”

In insurers’ opinions, this wording reinforces that they never intended to cover losses from a pandemic. Most courts have agreed with them.

But not all…

Some state courts have allowed cases to proceed, finding that the phrase “direct physical loss of or damage to covered property” is open to multiple reasonable interpretations. An Oklahoma judge faulted insurers for not clearly defining the phrase’s meaning.

More than 100 cases are on appeal. It will likely be some time before courts resolve the argument over whether a microscopic virus inside of a building causes damage.

The takeaway

If your business suffered any adverse effects from the pandemic, particularly if ordered to close, it’s important that you keep an eye on these cases, but you must have filed a claim with your insurer.

These cases will continue to play out in the courts.

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

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

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

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

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

e-mail: bgesgroup@gmail.com

website: http://www.bgesgroup.com

© – Copyright – 2021 – BGES Group

Practice Safe Driving When Operating a Forklift

Understanding Waivers of Subrogation

New:

1. Have high value property located along the shore line or on islands like Fire Island, Block Island, Long Beach Island, etc?  We have a property/liability/flood program that can give you the coverage needed.  Call 914-806-5853 for help today!

2. Check out our new Construction News website which will tell you what’s going on in the construction industry throughout the country.  Click here.

Tens of thousands of forklift-related injuries occur every year in U.S. workplaces, most of them preventable.

Employees may be injured when a lift falls between loading docks and an unsecured trailer, and others are injured or even killed when forklifts are accidentally driven off loading docks.

According to Fed Osha, some of the most common types of forklift accidents are:

  • Forklift rollovers
  • Human impacts
  • Falling loads
  • Truck falling off a dock or trailer
  • Crushed by a forklift

Training

Common mistakes that cause forklift accidents include improper backing techniques, turning and failure to warn others about a forklift usage nearby.

Proper training and monitoring are crucial to avoiding forklift accidents and injuries. Employees need adequate training under close supervision in proper operational procedures and safety regulations.

Such training should include written operating procedures and safety regs, as well as the inspection guidelines and maintenance schedule for the machinery.

Forklift operating procedures should be clearly written and monitored. They should be posted where everyone can see them and include the obvious; everything from not giving rides to the need for good communication between those in the work area when the equipment is in use.

Inspection and maintenance

Furthermore, equipment requires continuous inspection and maintenance.

An operator should inspect the equipment every day before using the forklift, ensuring that the brakes and steering are in good working order. They should also check fluid levels and visually inspect for leaks beneath the equipment.

The final step in ensuring safe forklift operations is to make sure all machinery is kept in good maintenance.

If a forklift begins to show its age, it should be replaced. No employee should be forced to use equipment that is clearly unsafe or has not properly been maintained.

You may not think that a forklift that hasn’t undergone regular maintenance is dangerous: think again:

  • Brake failure can lead to an out-of-control forklift.
  • Broken tines can drop heavy loads.
  • Bald tires are more likely to skid, and
  • Dirty machines are more likely to contribute to fires.

The takeaway

Forklift safety is serious business. They are unwieldy, heavy machines with lots of blind spots. In a busy workplace, dangers abound.

So do the right thing if you have forklifts on your premises. Train your workers and keep the machines in good working order to avoid deadly consequences.

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

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

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

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

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

e-mail: bgesgroup@gmail.com

website: http://www.bgesgroup.com

© – Copyright – 2021 – BGES Group