New York Contractors – What’s The Difference Between Ongoing vs. Completed Operations Coverage? Know the Difference Before It Costs You!

Posted on August 13, 2025August 13, 2025 by BGESGroup

If you’re a New York contractor, you know your Commercial General Liability (CGL) policy is your first line of defense against the financial fallout of accidents, property damage, or injuries that happen on your jobs. But here’s something that catches many contractors by surprise: your coverage is split into two broad categories—Ongoing Operations and Completed Operations—and knowing which is which could mean the difference between a covered claim and a costly out-of-pocket nightmare.

Whether you’re building from the ground up, renovating, or doing smaller subcontracting work, understanding the difference is critical for risk management, contract compliance, and avoiding uninsured exposure. Let’s break it down.

Ongoing Operations Coverage

This is protection for work you are currently performing. If property damage or bodily injury occurs while the work is still in progress, ongoing operations coverage applies. Importantly, this does not apply once you’ve completed your work or left the job site—that’s where completed operations kicks in.

Here are five examples of Ongoing Operations claims:

Falling Debris During Construction While framing the second floor of a townhouse, a piece of lumber falls and damages a parked vehicle below. The damage occurs while the crew is actively working, so it’s covered under ongoing operations.
Injury to a Pedestrian Passing the Job Site A pedestrian trips over an extension cord running from the sidewalk into your work area. The work isn’t done yet, so the injury falls under ongoing operations.
Property Damage from Active Work A contractor’s crew is cutting pipe inside a building and accidentally floods an office suite below. Since the work was still in progress, ongoing operations applies.
Subcontractor Causing Damage Mid-Project An electrician hired by you drills into a water line during installation, damaging drywall and flooring. The project is still underway, so it’s considered an ongoing operations claim.
Scaffolding Collapse During Work Hours While a masonry team is actively laying bricks, their scaffolding collapses, damaging a neighboring building. Because the work wasn’t completed, the claim is covered under ongoing operations.

Completed Operations Coverage

Once you’ve finished the work, packed up your tools, and left the job site, any damage or injury related to your work shifts to completed operations. This coverage is sometimes referred to as the “products-completed operations hazard” in your CGL policy.

Here are five examples of Completed Operations claims:

Roof Leak Months After Completion Six months after finishing a roofing project, heavy rain causes leaks that damage a client’s interior. The damage is due to defective installation and falls under completed operations.
Faulty Electrical Wiring Causing Fire A year after finishing electrical work on a home, faulty wiring installed by your crew sparks a fire. Completed operations covers resulting damage (but not redoing the defective work itself).
Tile Installation Leading to Slip Hazard You install tile in a lobby. Months later, water seeps beneath, causing tiles to lift and a tenant to slip and get injured. This is a completed operations claim.
Cabinet Installation Failure Three months after installing kitchen cabinets, they detach from the wall, damaging countertops and injuring the homeowner. This damage occurs after you’ve finished the work, so it’s completed operations.
HVAC System Malfunction After completing HVAC installation in an office building, the system fails in the middle of winter, causing water pipes to freeze and burst. Completed operations would respond to the resulting damage.

Why the Distinction Matters for New York Contractors

In New York—especially in construction—contract requirements often specify both ongoing operations and completed operations coverage for Additional Insureds. General contractors, property owners, and even municipalities want to ensure they’re protected during the job and after the work is complete.

If your policy only covers ongoing operations for Additional Insureds, you could be in breach of contract. Worse, you could be stuck defending a lawsuit out of your own pocket years after the job is done.

Remember: New York has a six-year statute of limitations on construction defect claims. Without completed operations coverage, you could be unprotected for a long time after the work wraps up.

Best Practices for Contractors

Review Contracts Carefully – Look for language requiring both ongoing and completed operations for Additional Insureds.
Coordinate with Your Insurance Broker – Make sure your CGL policy and endorsements match what your contracts require.
Document Work Completion – Keep records of when your job was finished; it can help determine if a claim is ongoing or completed operations.
Keep Certificates Updated – If you’re the GC, ensure your subs carry both coverages and keep their certs current.

Why Work with BGES Group

At BGES Group, we’re not just insurance brokers—we’re New York Contractor Insurance Specialists. We understand the unique liability challenges contractors face in the NY metro area, and we know how to tailor policies that meet tough contractual requirements.

We work extensively with contractors in New York, New Jersey, and Connecticut, from small specialty trades to large general contractors. Our goal is simple: Make sure you’re covered, compliant, and confident—whether you’re in the middle of a job or years past completion.

We stay ahead of industry changes, New York Labor Law complexities, and the nuances of surplus lines markets so you can focus on running your projects without sleepless nights about insurance gaps.

Contact BGES Group – Gary Wallach

📞 Phone: (914) 806-5853

📧 Email: bgesgroup@gmail.com

🌐 Website: www.bgesgroup.com

Final Thought: If you’re a contractor working in New York, the difference between ongoing and completed operations coverage isn’t just an insurance technicality—it’s a survival skill. Don’t find out the hard way that your policy doesn’t cover a claim because it happened after the job was done. Let BGES Group make sure you’re protected from day one until long after the last nail is hammered.

If You’re a New York Contractor With a Surplus Lines CGL Policy — Will You Be Covered if a Subcontractor Causes an Accident?

Posted on August 12, 2025August 12, 2025 by BGESGroup

Let’s walk through a real-world example that could easily happen to a New York contractor.

You’re an HVAC contractor. Your Commercial General Liability (CGL) policy is written through a surplus lines carrier (meaning it’s not a standard admitted policy). On top of that, your policy includes a Contractors Limitation Endorsement — which means your liability coverage is restricted to specific types of work listed on your policy. In your case, the endorsement says you are covered for HVAC work only.

Now, you subcontract out some sheetrock work on a project. You hire a reputable sheetrock contractor, and per your contract, they add you as an additional insured on their liability policy.

But here’s the question… if your subcontractor causes an accident — let’s say they damage property or injure someone — and you get sued along with them, will your own CGL policy step in to defend you?

The Short Answer: Probably Not

Here’s why: The Contractors Limitation Endorsement in your surplus lines policy says you are only covered for the type of work listed — in this case, HVAC. If the claim involves sheetrock work (or any trade not listed), your insurer will likely deny coverage.

It doesn’t matter if you weren’t swinging the hammer yourself. If the accident arises from work outside your covered classification, the insurer can argue that it’s not part of your insured operations.

But You’re an Additional Insured on the Subcontractor’s Policy

This is where your contract with the sheetrock subcontractor becomes critical. If you were properly added as an additional insured on their liability policy, that policy should respond to claims arising out of their work — including defending you in the lawsuit.

However, there are some catches:

1. Policy Language – Some additional insured endorsements only cover you for “ongoing operations,” not completed work. If the claim happens after the sheetrock is done, you could be out of luck.

2. Exclusions – If their policy excludes certain work or has its own subcontractor restrictions, you could still face denial.

3. Carrier Solvency – A certificate of insurance is only as good as the actual policy behind it.

The Bottom Line for New York Contractors

If you’re operating with a surplus lines CGL policy and a Contractors Limitation Endorsement, you must be extremely careful about what work you subcontract. Always:

• Review the limitation endorsement to understand exactly what’s covered.

• Require subcontractors to add you as an additional insured and provide the actual endorsement, not just a certificate.

• Work with an insurance specialist who can identify dangerous gaps before a claim exposes them.

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About BGES Group

BGES Group is a specialist insurance agency focused on protecting contractors throughout New York, New Jersey, and Connecticut. We understand the complex, high-risk nature of the construction industry and how policy endorsements, exclusions, and subcontractor relationships can make or break your coverage.

Whether you’re an HVAC contractor, general contractor, or specialty trade, we’ll review your current policies, identify dangerous gaps, and recommend programs that actually respond when you have a claim — not just when you pay your premiums.

We represent top carriers, including those with broad coverage for subcontracted work, strong additional insured provisions, and fewer “gotcha” endorsements that can leave you exposed.

⸻

📞 Contact BGES Group Today

• Gary Wallach – Workers’ Compensation & Contractor Liability Specialist

• Phone: 914-806-5853

• Email: bgesgroup@gmail.com

• Website: http://www.bgesgroup.com

BGES Group — Protecting Contractors, Closing Coverage Gaps, and Fighting for You When It Matters Most.

Day Laborers, Leased Employees, and 1099 Workers: Are You Really Covered Under Your General Liability Policy?

Posted on August 11, 2025August 11, 2025 by BGESGroup

In New York’s construction industry, it’s common for contractors to use a mix of workers—day laborers, leased employees, or independent contractors paid on a 1099. This approach offers flexibility and speed when deadlines are tight and skilled help is hard to find. But there’s a critical question too many contractors overlook until it’s too late:

Are these workers actually covered under your Commercial General Liability (CGL) policy?

The answer depends on how your policy is written—and in many cases, the coverage contractors think they have simply isn’t there.

1. Day Laborers: The Hidden Exposure

Day laborers are often brought on for short-term needs—unloading materials, site cleanup, or helping with small tasks. Because they’re usually not on your formal payroll, your insurance company may question their employment status if there’s a claim.

If a day laborer is injured on the job, they would most likely be covered under workers’ compensation (either yours or the employer of record). However, that’s not where the risk ends. In New York, injured workers often bring an “action over” claim—a lawsuit against the general contractor or property owner under Labor Law §§ 240/241.

If that GC or owner tenders the claim back to you because of a contract you signed, your CGL policy may not respond. Many policies have injury to employee or worker exclusions that apply to anyone performing work on your behalf—regardless of payroll status. If your policy’s definition of “employee” or “worker” includes day laborers, your insurer can deny coverage.

The result? You could be stuck paying your own defense costs and any settlement or judgment—an uninsured claim that can easily reach six or seven figures.

2. Leased Employees: Who’s Responsible?

Leased employees—provided by a staffing agency or Professional Employer Organization (PEO)—may seem like a safer option. You might assume the staffing company’s insurance will handle any claim. But the reality is more complicated.

Some CGL policies have an employee leasing exclusion, pushing coverage responsibility onto the leasing company’s insurance. If their coverage is inadequate or excludes certain claims, you could still be on the hook.

It gets even trickier if a leased worker causes property damage or injures a third party. Which policy responds first—yours or theirs? Without clear contractual agreements and properly coordinated insurance, finger-pointing between carriers can delay payments and increase your legal costs.

3. Independent Contractors (1099 Workers): The Soft and Hard Hammer Problem

Insurance carriers often treat 1099 workers as independent contractors, not employees. That might sound like a positive for workers’ comp purposes, but in CGL coverage, it’s a potential landmine.

Many contractor policies include independent contractor conditions or soft/hard hammer warranties requiring you to:

Collect proof of insurance from every subcontractor before work starts.
Ensure you’re named as an additional insured on their policy.
Verify their coverage meets required limits (often $1M per occurrence or more).
Obtain signed hold harmless or indemnification agreements.

Failing to meet these requirements can have costly consequences:

Soft hammer: The claim is covered, but you pay a significantly higher deductible—sometimes $10,000 to $100,000 per occurrence.
Hard hammer: The claim is denied outright unless the subcontractor had the proper coverage in place.

Example: You hire a 1099 roofer who fails to tarp a roof before a storm, causing $250,000 in water damage. If you didn’t collect the proper certificates and endorsements before work began, your policy could deny the claim—or force you to cover a massive deductible.

4. Common Exclusions That Can Leave You Exposed

Many New York contractor policies include one or more of these coverage killers:

Injury to Workers Exclusion – Broadly excludes bodily injury to any worker—employee, leased worker, day laborer, or volunteer—while performing duties.
Labor Law/Scaffold Law Exclusion – Denies coverage for claims under New York Labor Law §§ 240/241, which are common in construction injury cases.
Independent Contractor Warranty – Requires strict compliance with risk transfer procedures for all 1099 workers.
Employee Leasing Exclusion – Removes coverage for leased employees, expecting the staffing company to provide it.

These provisions are often buried deep in the policy, and many contractors don’t know they exist until after a claim is denied.

5. The Financial Impact of a Coverage Gap

Without proper coverage, the costs can be devastating:

Medical bills and lost wages for injured workers (if workers’ comp doesn’t apply).
Property damage repairs from accidents caused by non-covered workers.
Defense costs in a lawsuit, which can easily exceed $100,000 before trial.
Settlements or judgments that must be paid out of pocket.

Even one uninsured claim can threaten the survival of your business.

6. How to Protect Your Business

If you use day laborers, leased employees, or 1099 workers, you can reduce your risk by:

Reviewing your CGL policy carefully—pay attention to how “employee” and “worker” are defined, and identify exclusions.
Implementing strict subcontractor protocols—always collect certificates of insurance, additional insured endorsements, and signed hold harmless agreements.
Working with a broker who specializes in construction risks—generalist agents often miss critical policy details.
Requiring compliance before work starts—no insurance, no job.
Auditing insurance certificates regularly to ensure they’re still valid.

BGES Group: Protecting Contractors in NY, NJ, and CT

At BGES Group, we focus exclusively on helping contractors navigate the complex, high-risk insurance landscape in New York, New Jersey, and Connecticut. We know the traps hidden in many contractor policies—especially the ones that affect coverage for day laborers, leased employees, and independent contractors.

We make sure you’re not blindsided by exclusions, hammer clauses, or misclassified workers when a claim happens. We also help you put subcontractor compliance procedures in place so your policy conditions are met—and your coverage stays intact.

Our services include:

In-depth policy reviews to identify and fix coverage gaps.
Negotiating with carriers to secure better terms for independent contractor coverage.
Setting up subcontractor compliance programs to satisfy warranty requirements.
Providing fast, expert support when a claim or compliance issue arises.

We don’t just sell insurance—we work as your partner to keep your projects running and your business protected.

Contact BGES Group Today

Don’t wait for a denied claim to discover your coverage gaps. Let us review your policies and make sure your business is protected from the real-world risks of using non-traditional labor.

BGES Group
Workers’ Compensation & Contractor Insurance Specialists
Serving New York, New Jersey & Connecticut

📞 Gary Wallach – 914-806-5853
📧 bgesgroup@gmail.com
🌐 www.bgesgroup.com

Avoid the Coverage Gap: The Critical Step Every New York Subcontractor Must Take Before Signing That Contract

Posted on August 9, 2025August 9, 2025 by BGESGroup

If you’re a New York subcontractor carrying your liability insurance through a surplus lines carrier, you’ve probably run into a familiar situation: the general contractor (GC) sends over a subcontract agreement that requires you to name the GC, the project owner, and various upstream parties as Additional Insureds, along with Waiver of Subrogation and Primary and Non-Contributory endorsements.

On the surface, you might think your Commercial General Liability (CGL) policy already covers all of this. But here’s the trap—especially in the surplus lines world—your policy may not automatically extend Completed Operations coverage to all of those upstream parties. Without the right setup, you could be sitting on a hidden coverage gap that only reveals itself when a claim hits… and by then, it’s too late.

Where the Problem Starts

Most well-written CGL policies include CG 20 38 (“Additional Insured – Owners, Lessees or Contractors – Automatic Status for Other Parties When Required in Written Construction Agreement”) for ongoing operations. This form is a lifesaver because it automatically covers other parties as Additional Insureds while your work is in progress, as long as there’s a written agreement requiring it.

However, many contracts also demand that these same parties be covered for Completed Operations—meaning after your work is finished. That’s where CG 20 37 comes in.

Here’s the catch:

CG 20 38 = ongoing operations
CG 20 37 = completed operations

When you look closely, CG 20 37 usually only grants completed operations coverage to the direct party you have a contract with—which is almost always the general contractor. That means the owner, developer, lender, or other upstream parties are left out, even though your subcontract agreement says they must be included.

If a claim arises after your work is done (for example, a slip-and-fall months after project completion), and the owner is sued, your policy might deny coverage because the owner wasn’t specifically included in the completed operations endorsement.

Why This is a Real Problem

Without coverage, those upstream parties can turn around and demand indemnification directly from you. That could mean:

Paying defense costs out of your own pocket
Losing the protection you thought you had
Putting your business at risk of a financially crippling judgment

This isn’t an abstract “insurance nerd” problem—it’s a real-world, high-stakes issue that plays out on construction projects every day.

The Simple, No-Cost Fix

The solution is straightforward and costs you nothing:

Have a separate written agreement signed by all parties—GC, owner, developer, and any other upstream entities—stating that they are to be included as Additional Insureds, with Waiver of Subrogation and Primary & Non-Contributory status, for both Ongoing and Completed Operations.

The magic here is that insurance endorsements like CG 20 37 trigger coverage only if there is a direct written contract between you and the party seeking coverage. By creating a short, standalone agreement that includes everyone, you create that direct contractual link—and your endorsement now applies to all of them.

Why Brokers Don’t Always Catch This

Even seasoned brokers sometimes miss this, especially when working with surplus lines carriers whose forms can differ from standard ISO versions. You need a broker who understands construction risk inside-out and proactively checks that all contractually required parties will truly be covered under both CG 20 38 and CG 20 37.

If your broker doesn’t bring this up before you sign the subcontract, you could be walking into a dangerous gap.

What a Simple Agreement Could Look Like

Below is a sample template you can adapt. It’s intentionally short to keep it easy for all parties to sign without getting bogged down in legal review (though you should always have your attorney approve it).

Additional Insured & Waiver Agreement

Date: ___________________

Project Name & Address: __________________________________________

Subcontractor: __________________________________________

General Contractor: __________________________________________

Owner/Developer/Other Upstream Parties:
(List all parties to be covered)

Agreement:
The Subcontractor agrees to provide and maintain Commercial General Liability insurance coverage naming the General Contractor and all listed upstream parties above as Additional Insureds on a primary and non-contributory basis, with waiver of subrogation, for both Ongoing Operations and Completed Operations.

This agreement shall satisfy the “direct written contract” requirement of Additional Insured endorsements CG 20 38 (Ongoing Operations) and CG 20 37 (Completed Operations) or equivalent forms, and applies to all work performed on the above project.

Signed:

Subcontractor: ______________________ Date: __________

General Contractor: __________________ Date: __________

Owner/Other Party: __________________ Date: __________

This one-page document, when signed by all parties, closes the gap and ensures your endorsements can actually work as intended.

Why You Can’t Afford to Skip This

Here’s a real-world scenario:
A subcontractor installs railings at a commercial building. A year after completion, a tenant leans on the railing, which gives way, causing injury. The lawsuit names the owner, GC, and subcontractor. The GC is covered under the subcontractor’s CG 20 37 endorsement because they had a direct contract. The owner? Not covered—no direct contract. The owner demands defense and indemnity from the subcontractor, and the subcontractor’s carrier denies it.

End result? The subcontractor’s out tens of thousands in defense costs, not to mention the distraction and reputational damage.

One signature on a pre-project Additional Insured & Waiver Agreement could have avoided the whole mess.

Final Word: Protect Yourself Now

Surplus lines CGL policies can be powerful tools, but you need to know exactly how their endorsements operate in the real world. A one-page agreement is a simple, no-cost way to extend protection to all required parties and meet your subcontract obligations without risking a nasty surprise later.

The bottom line: Don’t rely on assumptions. Create the direct contractual link. Close the gap before the job starts.

About BGES Group

BGES Group is one of the leading construction insurance specialists serving New York, New Jersey, and Connecticut. We understand the unique challenges subcontractors face—especially when dealing with surplus lines carriers, complex contract requirements, and high-stakes liability exposures.

Our team knows how to structure policies and endorsements to truly match your contractual obligations, and we’ll walk you through the critical details—like closing the CG 20 37 completed operations gap—before you sign a subcontract.

We’ve built our reputation on protecting contractors from the hidden pitfalls that can turn a profitable job into a financial disaster.

Contact BGES Group today:
📞 (914) 806-5853 – Gary Wallach
📧 bgesgroup@gmail.com
🌐 www.bgesgroup.com

New York Contractors: Are Your Workers’ Compensation Costs Skyrocketing or Your Coverage Being Canceled? Here’s How to Turn Things Around

Posted on August 8, 2025August 8, 2025 by BGESGroup

If you’re a New York contractor, you already know workers’ compensation insurance is a necessary but often frustrating cost of doing business. But what happens when your premiums suddenly spike, your coverage gets canceled, or you’re stuck battling audit disputes and misclassifications?

For many contractors, these issues can threaten profitability, delay jobs, and even put their business at risk. The good news? You’re not alone — and there are real solutions.

BGES Group specializes in helping New York, New Jersey, and Connecticut contractors fix their workers’ compensation problems and find affordable, long-term solutions — even in the toughest cases.

The Most Common Workers’ Compensation Problems Facing Contractors — and How We Solve Them

1. Skyrocketing Premiums

If your workers’ compensation premiums have jumped without warning, it can wreak havoc on your budget. At BGES Group, we work with more than 10 insurance companies — including the very best construction programs — to find policies that bring your costs back down to earth without sacrificing coverage.

2. Coverage Cancellations Due to Losses

Insurance companies can and do cancel policies when claims pile up. When that happens, it’s easy to feel like your options are gone. We specialize in finding markets that will still cover you — even with a challenging loss history — so you can get back on track and keep working.

3. Audit Nightmares

Annual audits are a headache for most contractors. They can result in surprise bills, disputes, and endless back-and-forth with your carrier. We work with programs that simplify or even remove many of the pain points from the audit process, making it predictable and fair.

4. Payroll Misclassification

One of the biggest and most expensive mistakes in workers’ compensation is payroll misclassification. If your workers are classified incorrectly — often into higher-risk, higher-cost categories — you’re paying more than you should. We review your classifications, fix errors, and get your payroll categories right, saving you money and avoiding future disputes.

5. High Experience Modification Factor (EMR)

Your EMR affects both your premiums and your ability to win jobs. A high EMR signals higher risk to insurers and project owners. We help contractors implement strategies to bring EMRs down, improve safety records, and make your company more competitive.

6. Multi-State Coverage

If you work across state lines, you know each state has its own workers’ compensation rules — and not all insurance companies handle multi-state policies well. We place contractors with carriers that can insure your entire operation seamlessly across all states you work in.

7. Large Renewal Deposits

A big renewal deposit can strain cash flow at exactly the wrong time. We find options with more manageable deposit requirements, making renewals less stressful and freeing up working capital for your business.

8. Delayed Certificates of Insurance

Waiting days for a certificate can delay jobs, frustrate clients, and cost you money. Our turnaround time is usually minutes, not days, so you can keep your projects on schedule.

9. Poor Agency Service

Too many contractors are stuck with agencies where the staff doesn’t understand their business or return calls promptly. With BGES Group, you deal directly with Gary Wallach, who has 44 years of experience in construction insurance and answers his phone when you call — even on weekends.

10. High Broker Fees

Some brokers tack on $1,000+ in fees or charge a percentage of your premium just to handle your account. We don’t play that game. At BGES Group, we don’t charge policy fees unless your workers’ compensation insurance company doesn’t pay us — and our service is top-tier.

Why Contractors Trust BGES Group

When it comes to workers’ compensation insurance for contractors in New York, experience and access to the right markets make all the difference. Here’s what sets BGES Group apart:

Specialized Focus on Contractors – We understand the risks, rules, and realities of construction in New York, New Jersey, and Connecticut.
Access to 25+ Companies – Including the best general & umbrella liability programs in the industry.
Comprehensive Coverage Options – Property, builders’ risk, inland marine, general liability, umbrella liability, auto, bid & performance bonds, workers’ compensation, N.Y.S. disability, and group health.
Personalized Service – Call, text, or email anytime — even weekends — and you’ll get a quick, knowledgeable response.
Problem-Solving Expertise – From misclassified payrolls to EMR improvement plans, we’ve seen it all and know how to fix it.

Special Workers’ Compensation Programs

We are a preferred agent for a unique program designed for contractors and other high-risk businesses that offers:

Excellent Pricing
Long-Term Coverage Stability
Multi-State Coverage
Streamlined Audits

If we can get you into this program, it can dramatically improve your insurance situation.

Who We Help

While we are especially strong in construction insurance for New York contractors, we also have special workers’ compensation programs for:

Auto services
Limousine services
Logistics companies
Manufacturers
Recyclers
Trucking companies
Any tri-state business owner with workers’ compensation challenges

Our Commitment to You

At BGES Group, we’re more than just an insurance agency — we’re a partner in protecting your business and helping it grow. We know your time is valuable and your reputation is on the line with every job you take. That’s why we provide fast responses, accurate solutions, and expert guidance every step of the way.

When problems come up — whether it’s a sudden rate increase, a claim dispute, or a certificate request — you’ll have someone in your corner who understands the urgency and knows exactly how to handle it.

Let’s Solve Your Workers’ Compensation Problems Today

If you’re unhappy with your rates, your current company, your broker, or the service you’ve been getting, now is the time to talk to us. We’ve been helping New York contractors for over four decades — and we can help you.

Contact Information:

Gary Wallach – BGES Group Workers’ Compensation Insurance Specialist for Contractors 📍

📞 Call/Text: 914-806-5853

📧 Email: bgesgroup@gmail.com

🌐 Website: www.bgesgroup.com

What to Do When OSHA Shows Up After an Employee Complaint

Posted on August 7, 2025August 7, 2025 by BGESGroup

If you’re a construction or contracting business, an unannounced OSHA visit can be one of the most stressful events you face. And when that visit stems from a complaint made by one of your own employees, it’s even more sensitive.

Understanding how OSHA handles these complaints — and how you should respond — can mean the difference between a quick resolution and a formal investigation (or worse, fines and citations).

Here’s what you need to know.

Why OSHA Inspects Workplaces

OSHA (Occupational Safety and Health Administration) conducts inspections for several reasons:

After serious injuries or fatalities
As part of industry-specific inspection programs
At random
In response to employee complaints

When a worker believes there’s a serious safety risk, they have the right to file a complaint with OSHA. That complaint can trigger a formal inquiry or a full inspection, depending on the severity and validity of the allegations.

When a Complaint Triggers an Inspection

Not every employee complaint leads to a site visit. OSHA uses specific criteria to decide whether a formal inspection is necessary.

To qualify for an on-site inspection or deeper investigation, the complaint must:

Come from a current employee or employee representative
Include detailed information that suggests a serious safety violation or imminent danger
Involve a known hazard that injured or sickened a worker and still exists
Relate to a high-hazard industry or a facility already scheduled for inspection
Concern a company recently cited for egregious or willful violations

If none of these apply, OSHA may conduct a complaint inquiry instead of an in-person visit.

What Happens During a Complaint Inquiry

Let’s say an employee complains to OSHA that you don’t follow lockout/tagout procedures during equipment maintenance. If OSHA considers this a valid concern but not urgent enough for an immediate inspection, they will initiate a complaint inquiry — a process handled by phone or email.

Here’s what to expect:

Initial Contact: OSHA will inform you of the complaint and request your cooperation in addressing the issue.
Self-Investigation: You’ll be asked to investigate the claim internally and correct any verified issues.
Written Response: Within five working days, you must respond to OSHA with a written report outlining:
Posting the Complaint: You are required to post a copy of the complaint letter in a place visible to all employees.

If you ignore the inquiry, fail to provide an adequate response, or submit a response that OSHA deems unsatisfactory, a full inspection may follow.

Also, your response will be shared with the employee who filed the complaint. If they believe your response is inaccurate or inadequate, they may request an on-site OSHA visit.

How to Respond — and What NOT to Do

This is a serious matter, and how you respond is critical. Here’s how to handle it professionally and effectively:

✅ Take the complaint seriously. Even if you think it’s unfounded, treat the issue with respect and urgency.

✅ Respond thoroughly and promptly. Address each point in the complaint clearly, with supporting documents or photos when possible.

✅ Fix any real hazards. If there’s a legitimate issue, fix it immediately — and document what you’ve done.

✅ Stay professional. Don’t focus on who made the complaint. Avoid retaliating or even mentioning the employee. OSHA considers retaliation a serious violation.

❌ Don’t delay. Failing to respond within the 5-day window increases your risk of an inspection.

❌ Don’t make assumptions. Even a minor issue can become a big one if not addressed properly.

Final Thoughts

Whether you believe the complaint is valid or not, OSHA expects you to act responsibly. Handle it like you would a client issue — investigate, correct, and communicate. Doing so can help you avoid a formal inspection and show that you’re committed to workplace safety.

BGES Group: Your Partner in Construction Risk Management

If you’re a contractor in New York, New Jersey, or Connecticut, OSHA compliance and safety regulations are not optional — they’re essential.

At BGES Group, we specialize in helping construction businesses protect themselves, reduce risk, and stay compliant. We’ll work with you to ensure your coverage is right, your safety practices are solid, and your business is protected from unexpected exposures.

📞 Call us today at (914) 806-5853 – Gary Wallach

Email: bgesgroup@gmail.com

🌐 Visit us at www.bgesgroup.com

Let’s make safety and compliance one less thing to worry about.

Driving Into Danger: The Hidden Risk to Your Business When Employees Use Personal Vehicles on the Job

Posted on August 6, 2025August 6, 2025 by BGESGroup

In today’s fast-paced business world, many companies — especially small to mid-sized ones — depend on employees to use their own cars for work. Whether it’s a quick supply run, a client meeting across town, or regular job site visits, the convenience of using personal vehicles often outweighs the cost and management of a company-owned fleet.

But while this may seem like a practical solution, it comes with a dangerous blind spot: if your company doesn’t carry non-owned auto insurance, you’re leaving yourself wide open to potentially devastating liability in the event of an accident.

What Is Non-Owned Auto Insurance, and Why Should You Care?

Non-owned auto insurance is a critical safeguard that provides liability coverage for businesses when employees drive their own vehicles or rent cars for business purposes. While this policy does not cover physical damage to the employee’s or rental vehicle — that’s handled by their personal or rental insurance — it does protect your business from third-party claims for bodily injury and property damage if an accident occurs.

Typically added as an endorsement to a commercial general liability or commercial auto policy, non-owned auto insurance is essential for businesses that:

Have employees use their personal cars to meet with clients or run business errands.
Require staff to rent cars while traveling on company business.
Use part-time or temporary workers who rely on their own vehicles for work duties.
Employ delivery drivers who do not operate company-owned vehicles.

Don’t Rely Solely on Personal Auto Insurance

Many business owners assume their employees’ personal car insurance will cover everything. That’s a costly mistake.

Here’s the reality: while personal auto insurance is usually the first line of defense in an accident, most personal policies have serious limitations when it comes to business use. Some policies explicitly exclude coverage for work-related driving. Even when they don’t, the coverage limits are often the bare minimum required by the state — far too low to cover a serious accident.

Let’s say one of your employees rear-ends another vehicle while driving to a client meeting. The crash results in serious injuries and a lawsuit. If the employee’s personal auto policy has a $25,000 liability limit (as many do), and the damages are $200,000, guess who’s next in line to pay?

Your business.

That’s where non-owned auto insurance steps in — as excess liability coverage. Once the employee’s personal limits are maxed out, this policy picks up the rest. Without it, your company could be responsible for the remaining balance — including attorney fees, court costs, medical bills, and damages.

The Real-World Risks of Going Without Coverage

Operating without non-owned auto insurance isn’t just risky — it could be catastrophic.

Here’s why:

Lawsuits Are Inevitable: If an employee causes an accident on company time, your business will likely be sued. Plaintiffs and attorneys target employers, knowing companies typically have more assets than individuals.
Judgments Can Be Massive: A single injury lawsuit can easily reach six or seven figures. For a small or mid-sized business, that can mean bankruptcy.
Insurance Gaps Are Common: You may assume the employee’s policy is enough — but if that policy excludes business use or offers low coverage, you’re exposed.
Rental Vehicles Aren’t Covered Either: If your employees rent vehicles for business trips and decline the rental company’s insurance (as many do), your business is at risk for liability claims if there’s an accident.

What Can You Do to Protect Your Company?

If your employees ever drive for work — even just occasionally — you need to take proactive steps:

Add Non-Owned Auto Coverage Now
This is one of the most cost-effective additions to your insurance portfolio. It’s usually very affordable and easy to include as part of your general liability or commercial auto policy.
Set Minimum Personal Auto Limits for Employees
Require employees who drive their own vehicles for business to carry higher-than-minimum liability limits — such as $100,000 per person/$300,000 per accident. If they’re driving on your behalf, their low limits put you at risk.
Create a Vehicle Use Policy
Clearly define when and how employees may drive for business purposes. Set expectations around insurance requirements, safe driving practices, and accident procedures.
Educate Your Team
Make sure employees know what to do if they’re in an accident while driving for work. Provide clear guidance on reporting procedures, documentation, and insurance claims.

Don’t Wait Until It’s Too Late

If your business allows — or even expects — employees to use their personal cars or rental vehicles for any work-related tasks, non-owned auto insurance is not optional. It’s a critical shield that could save your company from financial ruin in the wake of a serious accident.

Remember: your employee may be behind the wheel, but your business is riding shotgun. Without proper coverage, one wrong turn can lead to costly lawsuits, damaged reputations, and permanent closure.

Need Help Protecting Your Business? Turn to the Experts.

BGES Group is one of the New York Tri-State Area’s leading construction insurance specialists, proudly serving businesses throughout New York, New Jersey, and Connecticut.

We understand the unique risks construction and contractor firms face — including the hidden exposures like non-owned auto liability. We’ll review your current coverage, identify gaps, and tailor a plan that fits your operations and budget.

📍 Contact BGES Group Today:
Phone: (914) 806-5853 – Gary Wallach
Email: bgesgroup@gmail.com
Website: www.bgesgroup.com

Don’t leave your company vulnerable. Let BGES Group help you drive safely into the future.

Is It Time to Upgrade Your Workers’ Comp and Payroll Program? Here’s Why You Should

Posted on August 5, 2025August 5, 2025 by BGESGroup

If you’re a business owner in New York, New Jersey, or Connecticut, and you’re feeling the pressure of rising workers’ compensation costs or struggling with payroll compliance, you’re not alone. Many companies—especially those in construction, manufacturing, or logistics—reach a breaking point where their current insurance and payroll setup just doesn’t cut it anymore. Whether you’re dealing with high premiums, audit surprises, employee classification headaches, or cash flow issues, now may be the perfect time to explore a better solution.

At BGES Group, we specialize in helping companies just like yours find smarter, more cost-effective ways to manage workers’ compensation and payroll. One of our most powerful solutions? A customized program where your workers’ comp and payroll are bundled into a single streamlined system—eliminating many of the administrative headaches that come with running a business.

We work with trusted national programs that have already helped thousands of businesses reduce costs, stay compliant, and improve employee satisfaction. We won’t name them here, but let’s just say you’ll get all the benefits of a Fortune 500-level solution—without having to be one.

10 Big Benefits of Joining One of Our Comprehensive Workers’ Comp and Payroll Programs

Here are ten reasons why more and more business owners are switching over:

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1. Pay-As-You-Go Premiums

No more large upfront deposits or playing catch-up at audit time. You pay workers’ comp premiums each time you run payroll, based on actual wages paid—improving cash flow and minimizing surprises.

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2. Competitive Rates, Even for Tough Industries

Whether you’re in roofing, demolition, construction, or another high-risk field, we can often secure rates much lower than what traditional insurance markets offer—even if you’ve had claims in the past.

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3. No Year-End Audits

Say goodbye to time-consuming, stressful audits. With real-time wage tracking and automatic premium calculation, there’s no need for reconciliation or risk of an unexpected balance due at the end of the year.

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4. Instant Coverage Certificates

Need a certificate of insurance fast to get on a job site? Our programs provide on-demand COIs, so you never have to delay work due to paperwork.

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5. Better Claims Management

Injuries happen. When they do, it’s critical to have a claims team that fights for your interests. Our partners are aggressive about managing claims, reducing costs, and getting your employees back to work quickly.

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6. Payroll Compliance Without the Stress

Stay compliant with all state and federal payroll regulations. From wage and hour rules to tax filings, everything is handled—reducing your risk of costly mistakes or penalties.

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7. Employee Onboarding Made Easy

New hire paperwork, I-9 verification, and reporting? All handled through a centralized, digital system—saving you time and avoiding compliance pitfalls.

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8. Access to Direct Deposit and Pay Stubs Online

Offer employees convenient, modern payroll benefits like direct deposit, pay stubs, and tax forms—all accessible online 24/7.

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9. HR Support When You Need It

Need help with terminations, write-ups, or employee policies? You get access to certified HR professionals who can guide you through difficult employee situations and protect your business from liability.

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10. Time Tracking and Job Costing Tools

Track employee hours, project labor costs, and job site activity with integrated tools that give you better visibility and control over your bottom line.

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Why BGES Group?

At BGES Group, we aren’t your typical insurance brokers. We’re workers’ compensation specialists who work primarily with businesses in tough, high-risk industries. We’ve spent over 44 years helping contractors, manufacturers, trucking companies, and other employers reduce costs and avoid coverage headaches.

Our job is to find you the best solution—one that improves your coverage, saves you money, and lets you focus on growing your business. We work with a national network of payroll and insurance partners that offer tailored programs most local brokers don’t have access to. That means we can get you coverage and rates others can’t—and we stand by you throughout the life of your policy.

Whether you’re a startup, growing rapidly, or have had workers’ comp issues in the past, we have options that can help you move forward with confidence.

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Let’s Talk About Your Business

If you’re frustrated with your current payroll or workers’ comp setup, give us a call. Let us show you how a better solution could transform the way you run your business.

Contact BGES Group Today:

Gary Wallach, Workers’ Compensation Specialist

📞 914-806-5853

📧 bgesgroup@gmail.com

🌐 http://www.bgesgroup.com

We serve businesses throughout New York, New Jersey, and Connecticut, and through our partners, we can assist companies across the United States.

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Final Thought

There’s a reason so many business owners are switching over to modern payroll and workers’ comp programs—they’re faster, cheaper, and safer for your business. If your current setup isn’t working for you anymore, don’t wait until audit season or your next premium hike. Let BGES Group help you get the protection and support you need.

Your business deserves more than just an insurance policy—it deserves a partner. Let’s work together.

What New York Contractors Need to Know About Their Liability Policies When Adding Additional Insureds — A Must-Read for Everyone!

Posted on August 4, 2025August 4, 2025 by BGESGroup

In New York’s high-risk construction industry, General Contractors (GCs) and subcontractors face enormous legal and financial exposure. A common risk transfer strategy is requiring subcontractors to list the GC, the project owner, and other upstream parties—such as property managers, developers, and lenders—as Additional Insureds (AIs) on their liability insurance policies.

But here’s the reality: simply asking to be named as an AI isn’t enough anymore.

Many modern insurance policies—especially those written by surplus lines carriers—mandate a direct written agreement between the subcontractor and each upstream party requesting Additional Insured status. If such an agreement doesn’t exist, insurers can and do deny coverage, leaving GCs and owners exposed to lawsuits, defense costs, and settlements.

The solution? A short, signed “side agreement” between all parties.

And here’s a critical step that’s often overlooked:

At the time of negotiating the subcontract, the subcontractor should ask the General Contractor to ensure that all upstream parties (owner, property manager, lender, etc.) agree in writing to be part of the AI agreement. This ensures that coverage will trigger if a claim arises—and prevents costly surprises later.

Let’s walk through the risks, the solution, a sample agreement, and how BGES Group can help contractors across New York, New Jersey, and Connecticut navigate it all with confidence.

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Why a Written Agreement Matters

Most construction liability policies—especially surplus lines forms—state that Additional Insured coverage only applies when there is a written contract or agreement directly between the subcontractor and the Additional Insured party. Without that, even if the COI and endorsements look perfect, the carrier may refuse to defend or pay a claim.

You might think your contract with the GC covers it. It doesn’t—unless the GC and upstream parties are all included in a valid, signed agreement with the subcontractor. Many policies strictly interpret this condition.

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The Smartest Move: Make the GC Responsible for Upstream Signatures

To avoid being left in a dangerous position, subcontractors should negotiate the following condition into the subcontract:

“General Contractor agrees to obtain the written agreement and signature of all upstream parties (owner, property manager, lender, etc.) confirming their agreement to be named as Additional Insureds on Subcontractor’s insurance policy for both ongoing and completed operations.”

This puts the responsibility where it belongs—with the GC, who has the relationships and leverage to obtain those signatures from upstream entities. It also ensures that the subcontractor’s carrier can’t deny coverage later because of a missing written agreement.

This one step can be the difference between having insurance work for you—or watching it fall apart during a million-dollar claim.

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The Power of a Side Agreement

A simple side agreement—signed by all parties—satisfies the policy’s written agreement requirement and avoids the cost and time involved in securing custom endorsements.

This document:

• Provides legal clarity

• Meets insurer conditions

• Costs nothing to implement

• Prevents denied AI coverage

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Sample Direct Written Agreement for Additional Insured Coverage

DISCLAIMER: This is a sample for educational purposes only. We are not attorneys and this is not legal advice. Always have your contracts reviewed by legal counsel.

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ADDITIONAL INSURED AGREEMENT

This Agreement is made as of [Insert Date]

PARTIES:

• Subcontractor: [Subcontractor Company Name], [Address]

• General Contractor: [GC Company Name], [Address]

• Project Owner: [Owner Name or Entity], [Address]

• Property Manager: [If applicable]

• Lender/Mortgagee: [If applicable]

• Project Location: [Job Address or Project Name]

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PURPOSE

This Agreement sets forth the Subcontractor’s obligation to provide Additional Insured coverage to the above-named parties in connection with the project listed above.

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TERMS

1. Additional Insured Coverage

Subcontractor agrees to obtain and maintain Commercial General Liability insurance that names the General Contractor, Project Owner, Property Manager, and Lender as Additional Insureds for both ongoing and completed operations.

2. Primary and Non-Contributory

Such coverage shall apply on a primary and non-contributory basis with respect to any other insurance held by the Additional Insureds.

3. Waiver of Subrogation

Subcontractor agrees to waive subrogation rights in favor of all listed Additional Insureds.

4. Proof of Coverage

Subcontractor shall provide Certificates of Insurance and a copy of the policy endorsement naming all parties as Additional Insureds upon request. Certificates alone are not sufficient.

5. Policy Limits

Liability limits shall be no less than $1,000,000 per occurrence and $2,000,000 general aggregate, or as required by the contract.

6. Survival of Obligation

This obligation shall survive the completion of the work and remain in effect for the duration of applicable statutes of limitations and repose.

7. Indemnification Clause

Subcontractor shall indemnify and hold harmless the Additional Insureds from any and all liabilities arising out of their work to the fullest extent permitted by law.

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SIGNATURES

Subcontractor

Company: ____________________________

By: _________________________________