Construction Falls and the Dangers of Suspension Trauma

One of the most common construction industry accidents is falls from heights, which is why it’s crucial that you have in place fall protection systems for your workers.

One of the best ways to prevent injuries and death from falls is by using a fall-arrest system. But while these systems can save lives, they can cause suspension trauma if the worker is not rescued and brought to ground level as soon as possible and is instead left suspended in an upright position, with their legs dangling.

Because the worker is suspended in an upright position with their legs hanging, blood begins to accumulate in the legs. This is commonly called venous pooling (the accumulation of too much blood in the veins), which reduces the flow of oxygenated blood to the heart and brain.

Remaining in this position for a long time can cause the worker to pass out and the longer they hang in place, the more it can result in serious health problems — and even death.

The warning signs of suspension trauma are:

  • Faintness

  • Nausea

  • Dizziness

  • Sweating

  • Paleness

  • Narrowing of vision.

Certain factors can also contribute to the risk of experiencing suspension trauma, such as:

  • Weather conditions.

  • The onset of shock and injuries sustained during a fall.

  • Blood loss.

  • Overall health.

How to avoid suspension trauma

Safe, prompt rescue is the key to preventing suspension trauma. The sooner a worker can be rescued, the less likely they are to endure such trauma.

During the rescue, care should be taken to slowly put the victim back on the ground. Try to avoid suddenly letting them into a horizontal position, which can cause deoxygenated blood to flow back into the body (reflow syndrome) and cause damage to the brain and other organs — and even cause the heart to stop.

Suspended workers awaiting rescue can take some action to guard against injury, including:

  • Adopting a sitting position, if possible.

  • Moving into a horizontal position as much as possible.

  • Using their legs to push off from a hard surface, keeping the muscles active.

  • Pumping legs frequently to maintain blood flow and prevent venous pooling.

One of the primary ways to slow the progression of suspension trauma is to stand up. When standing, the leg muscles must contract to provide support and maintain balance and these actions also put pressure on the veins. This pressure, along with a series of one-way valves in the veins, helps blood get to the heart and reduces the amount of blood pooling in the legs.

Workers can stand by using the trauma-relief straps that are attached in pouches on the side of the fall-arrest harness. When suspended, the worker can deploy the trauma-relief straps, which provide a loop that they can put their feet into and press against to simulate standing up.

Some additional suggestions to keep in mind:

  • Train workers on the rescue procedures for suspension trauma and how to avoid reflow syndrome.

  • Have a plan in place to rescue suspended workers quickly and get them immediate medical attention.

  • When rescuing a suspended worker, do not lay them flat into a horizontal position; instead keep them sitting up with their legs straight out in front of them.

  • After a rescue, keep the worker calm and monitor them so they do not faint and fall into a horizontal position.

  • Get a rescued worker immediate medical attention and ensure that medical personnel are aware of the possibility of suspension trauma.

Don’t leave your fall protection plan hanging. Learn proper prevention and prompt rescue techniques to prevent suspension trauma.

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

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

BGES Group are Workers’ Compensation Insurance Specialists for Tri-State Business Owners: Unhappy with your rates, company, being cancelled, losses causing difficulty getting coverage, in the middle of an audit dispute, payrolls misclassified, whatever your issue, we can help!  We have special programs for: Auto Service, Contractors (especially New York), Limousine Services, Logistic Companies, Manufacturers, Recyclers, Truckers, we can help ANY tri-state business owner.  We are considered “Preferred Agents” for this one program that if we can get you in, their pricing is excellent, offers long-term coverage stability and can cover multi-state operations. Program takes the hassle out of doing annual audits too.

In addition, we offer all personal insurance coverages including home, auto, boat, jewelry, fine arts, life, disability, health and long-term care.  When was the last time you got a complete check up for all your coverage needs?   We are extremely caring and would love the chance to help you with your personal insurance needs.

BGES Group is an insurance agency whose owner is very responsible, responsive, offers boutique, very personal service and is ALWAYS there when you need him most!

We know reading an article we post or getting an email is not the best way to consider working with someone.  If you are interested, go read our “Google Reviews” and see what people have to say about us!  That can give you the comfort level needed to contact us.

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 – 2023 – BGES Group

The Importance of Filing Claims in a Timely Fashion

One of the keys to having your insurance claims paid promptly is to file them in a timely manner.

Virtually all commercial insurance policies — from liability and workers’ compensation to commercial auto and property — require that a notice of claims be filed within a certain amount of time after an incident. For businesses that procrastinate, that’s a costly mistake when they learn their insurer refuses to pay the claim.

It may seem counterintuitive for a business not to file a claim when they learn of an incident, but there are a number of reasons a business might make this bad decision:

  • An insured may not feel responsible for a slip and fall accident on their premises when it happens. They may instead wait to see if the insured sues, and that could be months later. This robs the insurer of doing its own investigation of the potential claim so it can better defend against it.

  • An insured may feel that the damage their business suffered in a storm was negligible and not worth filing a claim over. They may fix it themselves and later find out that the damage was much more extensive than they originally thought.

  • The insured may assume the claim will just “go away” and they wait thinking that if they file a claim their insurer will raise their rates.

To avoid this fate, familiarize yourself with the claims filing time provisions of your policies. They all have them, but they will not often include an exact amount of days that you have for filing a claim, and conditions vary.

For example:

Commercial general liability policies — These will typically include a condition that the insured “must see to it that [its insurer is] notified as soon as practicable of an ‘occurrence’ or an offense which may result in a claim.”

It further requires the insured to “immediately record the specifics of the claim or ‘suit’,” and to “notify the insurer as soon as practicable” of a claim or suit brought against the insured.

Business auto policies — These typically include a condition stating that an insured must give its insurer “prompt notice of the ‘accident’ or ‘loss’,” and the insured should further “immediately send the insurer copies of any request, demand, order, notice, summons or legal paper.”

Why filing late is so bad

Failing to file a claim on time with the insurer not only violates your insurance policy conditions, but it also robs the insurer of being able to conduct a thorough investigation and assessment. And getting a late start on the investigation can instead drive the cost of that claim higher.

The worst mistake you can make is failing to notify your insurer of a lawsuit against your organization. That could result in the insurer not being given time to answer the complaint in a timely manner, resulting in a default judgment against your firm.

The takeaway

Ways in which an insured can avoid late reporting include:

  • Reporting claims immediately after incidents occur. The sooner the better.

  • Consider also reporting incidents to your insurer that you are not initially sure will necessitate making a claim.

  • For liability claims, report incidents even if they do not result in a third party threatening to sue. The earlier the insurer is aware of an incident, the faster they can begin gathering evidence and talking to witnesses.

  • Familiarizing yourself with your policy conditions and training your staff in how to identify what could be a potential claim.

  • Notifying your carrier immediately in the event your organization is sued.

  • Appointing someone in your firm as a point person to whom your staff would refer potential claims. They would also be responsible for reporting to management and to your insurer.

  • Checking your umbrella and/or excess insurance policies to see if they include different notice requirements than what are on the primary insurance policy. Sometimes they differ even though an excess policy is tied to a primary policy.

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

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

BGES Group are Workers’ Compensation Insurance Specialists for Tri-State Business Owners: Unhappy with your rates, company, being cancelled, losses causing difficulty getting coverage, in the middle of an audit dispute, payrolls misclassified, whatever your issue, we can help!  We have special programs for: Auto Service, Contractors (especially New York), Limousine Services, Logistic Companies, Manufacturers, Recyclers, Truckers, we can help ANY tri-state business owner.  We are considered “Preferred Agents” for this one program that if we can get you in, their pricing is excellent, offers long-term coverage stability and can cover multi-state operations. Program takes the hassle out of doing annual audits too.

In addition, we offer all personal insurance coverages including home, auto, boat, jewelry, fine arts, life, disability, health and long-term care.  When was the last time you got a complete check up for all your coverage needs?   We are extremely caring and would love the chance to help you with your personal insurance needs.

BGES Group is an insurance agency whose owner is very responsible, responsive, offers boutique, very personal service and is ALWAYS there when you need him most!

We know reading an article we post or getting an email is not the best way to consider working with someone.  If you are interested, go read our “Google Reviews” and see what people have to say about us!  That can give you the comfort level needed to contact us.

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 – 2023 – BGES Group

construction insurance

Having Problems with Your Workers’ Compensation Coverage?

BGES Group are one of Tri-State’s BEST Construction Workers’ Compensation Specialists.

Note: We are specialists and know how to use the workers compensation system rules and regulations to YOUR advantage!  This alone can save you thousands of dollars and is a main reason why you should call us!  Gary Wallach – 914-806-5853.   

We can help any contractor including Asbestos, Demolition (we have a private company that insures interior demo) and Roofers! 

We have a NEW company that offers General and Umbrella Liability for tri-state contractors!  Not happy with your coverage and pricing?  Get a quote from us and compare!  Gary Wallach – 914-806-5853.

Here are Just a Few Issues We Can Help With:                                                                                 

  1. Get you coverage if you’re now without.

  2. Unhappy with your company’s audits? Get you into a program who doesn’t do invasive annual audits or company does a simplified audit which is much less invasive and costs you a lot less in accounting fees.

  3. Unhappy with your rates? Find you better.

  4. Had a run of bad luck where losses are causing difficulty getting affordable coverage? We may be able to get you coverage at better rates.  We did so for two contractors both had over $1 million in losses.

  5. Is your company misclassifying employee payrolls? This can cause thousands in over payments.  We have programs that split payrolls by trades.

  6. Cover you in multiple states. State plans only usually just cover in their state.  When you operate outside your state for weeks at a time, you will not have the right coverage.  One claim can knock you out of business.  We have programs that can cover you in multiple states.

  7. We have a program where you pay just $200 to bind coverage then report payrolls monthly and pay what you owe for past month. If you have no payroll you have no workers comp cost.

  8. FREE MONEY! A lot of contractors have overpaid due to mistakes made in payroll calculations. Going back up to 7 years, we can help get you your money back!  There are no up front charges to perform this service for you.  We only get paid if you get money back!

  9. A lot of insurance brokers charge $500 to $5,000 policy fees or up to 10% service fees. We find this ridiculous, greedy and it’s a “Tell” as to how these agencies  think…greed, greed, greed.  Who comes first?  They do!  Unless we have to place you in a state plan, WE DO NOT charge fees.

  10. We offer numerous Payroll Service/Workers’ Compensation programs so if you’re not happy with your current plan, try one of ours.

Like a Business Associate Referring Us To You, Check Out What People Say About Us On “Google.”

Kinga Stys

I highly recommend Gary Wallach! He is a great guy. Down to earth and extremely nice. The best insurance broker you can find. Highly recommend doing business with him. He will listen to you and you won’t be disappointed.

Anthony D’Agostino

I’ve known Gary Wallach for over 20 years. Great Insurance Broker and a super nice guy. It’s always a pleasure to deal with him. If you need someone, he’s your man. A++++

Nils Wright

Great operation that you can rely on for your construction insurance needs.

Kimberly Englert

I have known Gary since childhood. He is a wonderful and kind man. A true Gentleman.  A GREAT Insurance Broker!

Auslander Kasindorf

Gary Wallach is very reliable and trustworthy.  Do business with him! I strongly recommend him to anyone looking for insurance.

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

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

BGES Group are Workers’ Compensation Insurance Specialists for Tri-State Business Owners: Unhappy with your rates, company, being cancelled, losses causing difficulty getting coverage, in the middle of an audit dispute, payrolls misclassified, whatever your issue, we can help!  We have special programs for: Auto Service, Contractors (especially New York), Limousine Services, Logistic Companies, Manufacturers, Recyclers, Truckers, we can help ANY tri-state business owner.  We are considered “Preferred Agents” for this one program that if we can get you in, their pricing is excellent, offers long-term coverage stability and can cover multi-state operations. Program takes the hassle out of doing annual audits too.

In addition, we offer all personal insurance coverages including home, auto, boat, jewelry, fine arts, life, disability, health and long-term care.  When was the last time you got a complete check up for all your coverage needs?   We are extremely caring and would love the chance to help you with your personal insurance needs.

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 – 2023 – BGES Group

Do You Need Full Replacement Coverage for Your Commercial Property?

The owners of a new company found a building on the market for an affordable price, so they bought it. Built in the 1940s to manufacture aircraft for the war effort, the metal structure had a large open space.

The company occupying this space was in the software development business and the building was much larger than it needed, but the price made it seem like a sensible move. However, the owners got a surprise from their insurance agent about property coverage.

Most commercial insurance policies will cover the cost of replacing a building and its contents exactly as everything was before the loss. But the cost of reconstructing this old building to its original state was much higher than both its purchase price and that of other similar properties due to its unique architecture and out-of-production artisan materials used in its construction.

The company did not need that much insurance, and paying the higher premium for it would have been wasteful, so the owners asked the agent for alternatives. What if, they asked, we don’t rebuild our building as it was and go for a less expensive replacement?

After a fire or some other catastrophe destroys a building, its owners may decide not to rebuild or replace with a similar structure for a number of reasons:

  • As was the case with the software company, the current building’s design may be impractical. If it were to rebuild, it would almost certainly choose a smaller building with a different layout.

  • Old buildings often include materials that builders do not commonly use today, such as plaster and lathe. Reconstruction with these materials is expensive and often unnecessary for the continued operation of the business.

  • The company may decide to consolidate the operations of two locations into one and not rebuild the property at all.

  • Depending on the building’s age, it may not meet current building codes. Rebuilding the structure up to code could be extremely costly.

The insurance options

There are two standard business property insurance policies:

An actual cash value policy — This pays for the cost of replacing any damaged property, minus an amount for depreciation.

A replacement value policy — This type of policy compensates for the full cost of replacing damaged property and contents using new materials of the same quality. This naturally entails higher premiums than for actual cash value coverage.

Due to the lower premium, the software firm opted for an actual cash value policy. This would allow them, in the event of a claim, to replace the building with a new one that costs less to construct than replacing the structure — or they could cash out and not replace the building.

The actual cash value policy may also provide a small amount of additional insurance (typically the lesser of 5% of the insurance on the building, or $10,000) to cover the increased cost of construction resulting from changes in building codes.

Other alternatives

If you feel that your business does not need an exact replacement of its current building(s), you should ask us about adding a “functional building valuation” endorsement to your policies.

This type of endorsement establishes a limit of insurance somewhere between actual cash value and full replacement cost and allows the property owner to replace the building with one that fulfills the same function as the old one at a lower cost.

It would also be wise to look at increasing your policy’s “ordinance or law” coverage to provide additional insurance for higher costs from new building codes.

With the right attention to detail, a business can get the property insurance it needs without having to waste money on unnecessary coverage.

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

BGES Group are Workers’ Compensation Insurance Specialists for Tri-State Business Owners: Unhappy with your rates, company, being cancelled, losses causing difficulty getting coverage, in the middle of an audit dispute, payrolls misclassified, whatever your issue, we can help!  We have special programs for: Auto Service, Contractors, Limousine Services, Logistic Companies, Manufacturers, Recyclers, Truckers, we can help ANY tri-state business owner.  We are considered “Preferred Agents” for this one program that if we can get you in, their pricing is excellent, offers long-term coverage stability and can cover multi-state operations. Program takes the hassle out of doing annual audits too.

FREE MONEY!  Get back up to $500,000 from your past Workers’ Compensation insurance companies.  You wouldn’t believe the mistakes made on audits, payroll classifications, credits, experience modifications, uninsured subcontractor charges and more!  We can go back up to 7 years and if we find them, get you your money back!  We work on a contingency fee basis so unless we get money back for you, we do not get paid!  We have helped New York and New Jersey business owners get hundreds of thousands of dollars back over the years!   This is a no brainer.  Call Gary Wallach at 914-806-5853 today!

BGES Group offers all personal insurance coverages including home, auto, boat, jewelry, fine arts, life, disability, health and long-term care.  When was the last time you got a complete check up for all your coverage needs?   We are extremely caring and would love the chance to help you with your personal insurance needs.

BGES Group is an insurance agency whose owner is very responsible, responsive, offers boutique, very personal service and is ALWAYS there when you need him most!

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 – 2023 – BGES Group

How to Avoid Invasive Annual Workers’ Compensation Audits

Are you tired of getting proctologist like audits from your Workers’ Compensation insurance company every year?

 

Having to come up with every type of document known to the accounting industry to prove payrolls being reported are accurate?

 

What about having to show every check you wrote during the policy year?  Is that a hardship on you?

 

Explaining every cash payment you made?

 

Or getting charged for out of state subcontractors you have workers compensation certificates for but it’s still not enough to satisfy your insurance carrier?

 

We offer Workers’ Compensation programs that can get you away from invasive, annual audits. 

 

As a matter of fact, you may not have to go through an annual audit each and every year or ever or if you do, minimal paperwork is required!

 

How would you like to pay just what you owe during the course of your policy period and not get a bill for thousands of dollars months after your policy period expires?

 

When you have no weekly payroll, how would you like to have no workers compensation cost to pay for that week either?

 

We have programs where you pay what you owe during the policy year and no surprises months after the policy period is done!  Some of our programs, because they’re set up  properly from the start, may not put you through annual audits because they have no need to!

 

Many a prospect has complained about their company’s audits.  They snapped because of the invasiveness of their audit and even though they had to pay more to be with another company, they asked us to help them do so.

 

There are a few companies whose audits are so, so extreme.  They ask for every document under the sun.  It’s like you are not to be trusted until proven innocent!  Boy do they put you through the grinder!  You don’t have to be subjected to this kind of treatment if that’s what you deal with now!  We can offer you different!

 

We have sat in an audit where the carrier asked what 5 subcontractors got paid. Why? Because if those subs showed a different figure, someone was going to be in big trouble like being prosecuted for fraud!

 

We believe in fairness and carriers should get paid what they’re owed.  We also believe the workers compensation rules should be used fairly and not against but in favor of clients!

 

Why work with us?  We bring expert advice to our client’s so that their interests are properly served and they pay what they owe, not a penny more! 

 

If you are not now happy with your Workers’ Compensation situation, we can offer you different and better!

 

We can help you address the following issues:

 

  1. Not  happy with your rates

  2. Being cancelled

  3. Now without coverage

  4. Poor loss experience causing difficulty obtaining coverage

  5. Type of work you do causing difficulty obtaining coverage

  6. Payrolls misclassified

  7. Want to get away from annual, invasive audits which costs you hundreds, thousands in accounting fees

  8. Having to come up with large renewal deposits

  9. Paying ridiculous hundreds, thousands in policy or service fees

  10. Not getting certificates timely

  11. Having to wait on the phone for tens of minutes to get someone to help

  12. Whatever your issue, we can help!

 

 

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

 

 

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

 

 

BGES Group are Workers’ Compensation Insurance Specialists for Tri-State Business Owners: Unhappy with your rates, company, being cancelled, losses causing difficulty getting coverage, in the middle of an audit dispute, payrolls misclassified, whatever your issue, we can help!  We have special programs for: Auto Service, Contractors, Limousine Services, Logistic Companies, Manufacturers, Recyclers, Truckers, we can help ANY tri-state business owner.  We are considered “Preferred Agents” for this one program that if we can get you in, their pricing is excellent, offers long-term coverage stability and can cover multi-state operations. Program takes the hassle out of doing annual audits too.

 

FREE MONEY!  Get back up to $500,000 from your past Workers’ Compensation insurance companies.  You wouldn’t believe the mistakes made on audits, payroll classifications, credits, experience modifications, uninsured subcontractor charges and more!  We can go back up to 7 years and if we find them, get you your money back!  We work on a contingency fee basis so unless we get money back for you, we do not get paid!  We have helped New York and New Jersey business owners get hundreds of thousands of dollars back over the years!   This is a no brainer.  Call Gary Wallach at 914-806-5853 today!

 

BGES Group offers all personal insurance coverages including home, auto, boat, jewelry, fine arts, life, disability, health and long-term care.  When was the last time you got a complete check up for all your coverage needs?   We are extremely caring and would love the chance to help you with your personal insurance needs.

 

 

BGES Group is an insurance agency whose owner is very responsible, responsive, offers boutique, very personal service and is ALWAYS there when you need him most!

 

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 – 2023 – BGES Group

Workers Compensation Audits

construction insurance

How Landlords Can Avoid Mold Liability Lawsuits

Mold is a serious problem in a number of older homes, apartment buildings and commercial buildings.

It’s often caused by poor maintenance and unchecked water leaks that over time create conditions that are ripe for the growth of the fungus.

The problem is that this mold can aggravate tenants’ allergies, and there are plenty of cases where they sue landlords over being sickened by mold. And juries round the country have awarded large settlements (sometimes in the millions of dollars) to tenants after they claimed they were sickened by mold in their homes, apartments or offices.

Worse, it’s difficult to make a claim on your landlord’s policy if you are sued by a tenant over mold issues, as many of the policies exclude pollution.

Fortunately, there are steps a landlord can take to reduce the chances of being sued by a tenant for mold issues.

While most states do not have mold-specific laws, they do have negligence laws. And most often, mold growth is the direct result of poor maintenance or just pure negligence as some landlords may detect a leak and not bother fixing it. Leaking water and moist conditions are the breeding ground for mold.

In order for a landlord to be considered negligent in a premises liability lawsuit, they must be aware that the problem exists or should have been aware that the problem existed.

When the issue is toxic mold exposure, it’s easy for a landlord to be held liable for having allowed a toxic environment to fester.

Steps you can take to avoid being sued

You can take steps to reduce the chances of being sued by a tenant. It may take some extra time and upfront expense, but it will be worth it if you can avoid being targeted with litigation.

Require tenants to immediately notify you about water damage, broken dehumidifiers, condensation or related problems — In your lease you should require that your tenants notify you about a leak or other water issue that they become aware of. This will allow you to remediate the problem once they call and also provide you with a strong defense if they later try to sue, claiming you are liable for damages.

Some sample language that you can include in the lease could include advising tenants to keep their dwellings clean, remove visible moisture on windows, walls, ceilings, floors and other surfaces as soon as possible, and notify landlords — in writing — about any signs of water leaks, water infiltration or mold.

Require tenants to carry renter’s insurance  Your insurance will cover the structure itself, but renter’s insurance will cover any mold damage to your tenants’ property and belongings.

 

Stay to a strict maintenance schedule  You should schedule times with your tenants so you can regularly inspect for leaks in pipes, windows and roofs, as well as water staining, and moisture and condensation (including in the HVAC system). Leaks are usually where mold starts.

During inspections, besides looking for those obvious issues, you should look out for mildewy, musty odors, and look for mold and fungus. If you find any issues, remediate them promptly.

Respond quickly when a tenant complains — Proactive landlords that fix problems their tenants raise, have a much less chance of being sued. Therefore, if one of your tenants reports a mold or moisture problem, you should immediately have the property inspected by a professional.

If they detect any mold, mildew and/or leaks that may be causing it, you should hire professionals to remove the mold and repair any problems that were causing the growth in the first place.

Make sure to document any inspections you conduct, as well as any repairs, cleanup and remediation.

Finally, you should make sure to follow up with your tenants to make sure the problem hasn’t recurred. A good idea is to check with them a week later, a month later and then six months later. But before that six-month mark, you may want to have the property reinspected for mold.

Insurance

The typical landlord’s insurance policy covers:

Property damage — From fire or other natural catastrophe.

Lost rental income/rental default — Should something cause your property to be uninhabitable (severe mold, termites, a rat infestation or a sinkhole), this provides temporary rental reimbursement to cover the income you’d otherwise receive if tenants could be occupying the property. It also covers lost income from a tenant’s rental default.

Liability — This is coverage for the medical or legal costs that might ensue if the tenant or a visitor suffers injury due to a property maintenance issue.

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

BGES Group are Workers’ Compensation Insurance Specialists for Tri-State Business Owners: Unhappy with your rates, company, being cancelled, losses causing difficulty getting coverage, in the middle of an audit dispute, payrolls misclassified, whatever your issue, we can help!  We have special programs for: Auto Service, Contractors, Limousine Services, Logistic Companies, Manufacturers, Recyclers, Truckers, we can help ANY tri-state business owner.  We are considered “Preferred Agents” for this one program that if we can get you in, their pricing is excellent, offers long-term coverage stability and can cover multi-state operations. Program takes the hassle out of doing annual audits too.

BGES Group offers all personal insurance coverages including home, auto, boat, jewelry, fine arts, life, disability, health and long-term care.  When was the last time you got a complete check up for all your coverage needs?   We are extremely caring and would love the chance to help you with your personal insurance needs.

BGES Group is an insurance agency whose owner is very responsible, responsive, offers boutique, very personal service and is ALWAYS there when you need him most!

Go read our “Google Reviews” and see what people have to say about us!  That can give you the comfort level needed to contact us.

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.

Fudging Workers’ Comp Payroll Records Can Cause Major Problems, Even Jail Time

The owners of a California flooring installation company allegedly underreported their payroll amounts to workers’ compensation insurers to the tune of $30 million, costing the insurance company almost $4 million in premiums. The men are each facing three felony charges.

These are the potential consequences for those who deliberately falsify their payroll records and reports to the companies providing their workers’ compensation insurance. To avoid this pitfall and the fallout, it’s important that employers understand the vital role accurate payroll reporting and records play in determining premiums.

The importance of payroll records

Workers’ comp premiums reflect the amount of a business’s payroll and the riskiness of its operations. Carpenters suffer more frequent and severe injuries than do architects, so the premium rates for construction firms are higher than those for architecture firms.

Monthly, quarterly or after each policy term, the insurer audits the employer’s payroll records to determine the accurate amount of payroll and the proper classification of the work performed.

The carrier applies the reported payroll to the premium rates, calculates the premium and compares it to the deposit the employer paid at the start of the period. The insurer then returns premium to the employer if the deposit was too high or bills them if it was too low.

If an employer’s records are incomplete or not up to date, the insurer may estimate the classification and payroll based on the information available. Those estimates do not often favor the employer.

Avoiding temptation

While some may be tempted to provide artificially low payroll amounts to insurers (by, for example, labeling some workers as “independent contractors” rather than employees), the consequences can be serious. An insurance company that determines its customer was untruthful will cancel its coverage at the first opportunity.

Also, the insurance contract gives them the right to pursue the employer for the shortfall in premiums. The employer could end up on the wrong side of a court judgment.

Deliberately concealing information about workers to reduce premiums is also a crime in many states.

A New York construction labor supply broker conspired with his insurance broker to mislead five insurers about the size of his operation and work performed by his employees. Their actions cost one insurer $1 million in reduced premiums and left injured workers without workers’ comp claims payments for more than a year.

The insurance broker pleaded guilty to two felony charges. The labor supply broker is awaiting trial.

Depending on the state and the amounts involved, a conviction for workers’ comp fraud can carry lengthy prison sentences and hefty fines. In Minnesota, someone convicted of insurance fraud for more than $35,000 faces up to 20 years in prison and a fine of up to $100,000. Two people in California received 10-year sentences.

The lesson: Keep accurate and honest payroll records for your insurance company and pay the premiums you owe. It will be better for you and your business in the long run.

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

BGES Group are Workers’ Compensation Insurance Specialists for Tri-State Business Owners: Unhappy with your rates, company, being cancelled, losses causing difficulty getting coverage, in the middle of an audit dispute, payrolls misclassified, whatever your issue, we can help!  We have special programs for: Auto Service, Contractors, Limousine Services, Logistic Companies, Manufacturers, Recyclers, Truckers, we can help ANY tri-state business owner.  We are considered “Preferred Agents” for this one program that if we can get you in, their pricing is excellent, offers long-term coverage stability and can cover multi-state operations. Program takes the hassle out of doing annual audits too.

BGES Group offers all personal insurance coverages including home, auto, boat, jewelry, fine arts, life, disability, health and long-term care.  When was the last time you got a complete check up for all your coverage needs?   We are extremely caring and would love the chance to help you with your personal insurance needs.

BGES Group is an insurance agency whose owner is very responsible, responsive, offers boutique, very personal service and is ALWAYS there when you need him most!

Go read our “Google Reviews” and see what people have to say about us!  That can give you the comfort level needed to contact us.

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.

Many Small Firms Can’t Identify Workers’ Comp Claims Fraud

Fraud adds to workers’ compensation costs for all businesses, but it hits small businesses the hardest as they may not have the resources to identify bogus claims.

According to a new study by workers’ comp insurer Employers Holdings Inc., about 20% of small business owners are not sufficiently prepared to identify workers’ comp fraud.

It’s estimated that at least 10% of workers’ compensation claims are fraudulent, and identifying those illicit claims would keep your workers’ comp claims in check and reduce your premiums.

Claims fraud happens when an employee tries to gain workers’ comp benefits by falsely stating that an injury or illness occurred at work, or by exaggerating an existing injury or illness.

“Workers’ compensation fraud … can strain business operations, lead to higher insurance costs for businesses, and even undermine honest workers who are legitimately injured on the job,” said Ranney Pageler, VP of fraud investigations at Employers.

The disconnect

The study found that:

  • 13% of small business owners are concerned that one of their employees would commit workers’ comp fraud by faking an injury or illness to collect benefits.

  • 21% said they are unsure of their ability to identify fraud.

  • 24% of small business owners have installed surveillance cameras to monitor employees on the job.

The strongest indicators of potential claims fraud noted by survey respondents include:

  • The employee has a history of claims (58%).

  • There were no witnesses to the incident (52%).

  • The employee did not report the injury or illness in a timely manner (52%).

  • The reported incident coincides with a change in employment status (51%).

Nipping fraud in the bud

Investigator Pageler recommends that small business owners look for the following warning signs:

  • Monday morning (or start of shift) injury reports. The alleged injury occurs first thing on Monday morning, or the injury occurs late on Friday afternoon but is not reported until Monday.

  • Employment changes. The reported accident occurs immediately before or after a strike, job termination, layoff, end of a big project or the conclusion of seasonal work.

  • Suspicious providers. An employee’s medical providers or legal consultants have a history of handling suspicious claims, or the same doctors and lawyers are used by groups of claimants.

  • No witnesses. There are no witnesses to the accident and the employee’s own description does not logically support the cause of the injury.

  • Conflicting descriptions. The employee’s description of the accident conflicts with the medical history or injury report.

  • History of claims. The claimant has a history of suspicious or litigated claims.

  • Refusal of treatment. The claimant refuses a diagnostic procedure to confirm the nature or extent of an injury.

  • Late reporting. The employee delays reporting the claim without a reasonable explanation.

  • Claimant is hard to reach. The allegedly disabled claimant is hard to reach at home and does not respond promptly to messages.

  • Frequent changes. The claimant has a history of frequently changing physicians, addresses or jobs.

It should be noted that one of these indicators on its own may not be indicative of fraud, so don’t jump to conclusions.


What to do if you suspect fraud

Employers who suspect a worker may be committing claims fraud should first alert the special investigations unit or fraud unit within their insurance company’s claims department.

If your complaint is found to have merit and they believe the claim may be fraudulent, the insurer may report it to the appropriate law enforcement authorities. But that will only happen after the insurance company has conducted its own investigation.

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

BGES Group are Workers’ Compensation Insurance Specialists for Tri-State Business Owners: Unhappy with your rates, company, being cancelled, losses causing difficulty getting coverage, in the middle of an audit dispute, payrolls misclassified, whatever your issue, we can help!  We have special programs for: Auto Service, Contractors, Limousine Services, Logistic Companies, Manufacturers, Recyclers, Truckers, we can help ANY tri-state business owner.  We are considered “Preferred Agents” for this one program that if we can get you in, their pricing is excellent, offers long-term coverage stability and can cover multi-state operations. Program takes the hassle out of doing annual audits too.

BGES Group offers all personal insurance coverages including home, auto, boat, jewelry, fine arts, life, disability, health and long-term care.  When was the last time you got a complete check up for all your coverage needs?   We are extremely caring and would love the chance to help you with your personal insurance needs.

BGES Group is an insurance agency whose owner is very responsible, responsive, offers boutique, very personal service and is ALWAYS there when you need him most!

Go read our “Google Reviews” and see what people have to say about us!  That can give you the comfort level needed to contact us.

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.

construction insurance

The Option When No Licensed Insurers Will Cover Your Business

More businesses are finding fewer insurers willing to write their policies for certain types of coverage that are seeing rapidly escalating claims costs, particularly in some liability lines as well as property insurance in areas with exposure to natural catastrophes.

When no insurers that are licensed in your state are willing to write a policy, we as your agent have to go to another market made up of insurance companies that are not licensed or regulated by your state government. It’s called the surplus lines (or “non-admitted”) market, and it can be a valuable alternative for insurance buyers.

As insurers get more selective writing some risks, it’s important for you as an insurance buyer to understand this market.

It is legal in every state for an unlicensed (non-admitted) insurance company to sell coverage. We can access those insurance companies as well by working with specially licensed brokers who are regulated by the state.

Unlike standard insurance companies, non-admitted companies do not have to obtain approval from state regulators for the policy forms they use or the rates they charge.

Why use a non-admitted carrier?

Why would someone buy insurance from an unregulated company? Because it might be the only one offering coverage for your type of risk. Non-admitted companies insure businesses that standard insurers avoid, such as:

  • Business in sectors where the cost of claims is suddenly rising, resulting in fewer licensed insurers willing to write policies.

  • Businesses and industries with histories of frequent or large claims.

  • Businesses with the potential for very severe losses, such as amusement parks or manufacturers of power tools.

  • New companies.

  • Homes and commercial properties that are vulnerable to extreme events such as hurricanes and wildfires.

  • Properties that require very large amounts of insurance.

What non-admitted carriers can do

State regulators limit how much standard insurance companies can charge in premiums. They will not offer coverage if they believe they cannot charge enough to make a profit.

Meanwhile, non-admitted companies can charge what they need to, so they are willing to insure these accounts. They can also quickly and easily introduce new types of insurance that businesses need.

Some types of policies that are standard today, such as cyber insurance and employment practices liability insurance, got their start in the non-admitted market.

State laws typically permit a broker to obtain coverage from a non-admitted insurer only if they cannot find coverage from admitted insurers.  A broker cannot use a non-admitted insurer just to get a lower premium.  Admitted insurers can only be used when the coverage is not available from the admitted insurers.

Risks

There are risks associated with non-admitted insurers.  State insurance departments do not regulate or supervise non-admitted insurers.  State back guarantee funds are not available for non-admitted insurers which go insolvent.

Your broker can mitigate the risks for non-admitted insurance.  First, many states have a list of approved non-admitted insurers.  Brokers should only use insurers on these approved lists.

Second, many non-admitted insurers are owned by large insurance holding companies. Travelers, Nationwide, Liberty Mutual and other well known insurance companies have subsidiaries that are non-admitted in some states. Use of these subsidiaries is safer than stand-alone non-admitted insurers.

Lastly, non-admitted insurers are rated by AM Best as well.  Brokers should ensure the non-admitted insurers meet the size and quality threshold they establish for their admitted insurers.  Because the guarantee funds do not respond, financial size and strength are important for non-admitted insurers.

The takeaway

Despite the risks, the non-admitted market serves an important function, giving buyers a place to get needed coverage that would be otherwise unavailable.

Those who think they may need to tap this market should consult with us to find the right coverage at an acceptable price.

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

BGES Group are Workers’ Compensation Insurance Specialists for Tri-State Business Owners: Unhappy with your rates, company, being cancelled, losses causing difficulty getting coverage, in the middle of an audit dispute, payrolls misclassified, whatever your issue, we can help!  We have special programs for: Auto Service, Contractors, Limousine Services, Logistic Companies, Manufacturers, Recyclers, Truckers, we can help ANY tri-state business owner.  We are considered “Preferred Agents” for this one program that if we can get you in, their pricing is excellent, offers long-term coverage stability and can cover multi-state operations. Program takes the hassle out of doing annual audits too.

BGES Group offers all personal insurance coverages including home, auto, boat, jewelry, fine arts, life, disability, health and long-term care.  When was the last time you got a complete check up for all your coverage needs?   We are extremely caring and would love the chance to help you with your personal insurance needs.

BGES Group is an insurance agency whose owner is very responsible, responsive, offers boutique, very personal service and is ALWAYS there when you need him most!

Go read our “Google Reviews” and see what people have to say about us!  That can give you the comfort level needed to contact us.

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.

Disaster Recovery Checklist for Business Owners and Executives

If a natural disaster were to strike, would your company be ready? Has your management team hardened the business to continue operating in case of a disaster?

With natural catastrophes growing in number and severity, businesses more than ever need to have in place plans for a quick recovery for the sake of their investors, customers, employees and vendors.

Here are some basic tips to ensure the survival of a small business in the event of a disaster:

  • Create a written disaster preparation and recovery plan. This document should be in hard copy in your office and e-mailed to all workers, so that they can access the plan even if your offices are inaccessible.

  • Inventory on-site first aid kits and other emergency supplies.

  • Secure backup data offsite. What will happen if your servers are destroyed in a flood or fire at your office? If your business would be affected, you should prepare ahead of time by backing up your files at a remote location or in the cloud on a daily basis.

  • Designate an alternate meeting site. If your office is suddenly destroyed or inaccessible, your employees should know where to report for work. Managers should have a roster of phone numbers.

You should scope out alternate locations in case you need to arrange new office or warehouse space in a hurry.

  • Get a generator. Don’t count on waiting until disaster strikes to get one. There will be a run on supplies.

Ensure the generator has enough output to power your key equipment, whatever it is, from computers and printers to refrigerators.

  • Designate responsibilities. Who will come to the office prior to a massive storm to put up storm shutters? Who will be available to come fill and place sandbags? Who can clean up if there is severe damage, and when?

    Remember that some of your employees may be busy preparing their own homes and ensuring their families’ safety. Others may be members of the National Guard, and may be mobilized for disaster response. Take this possibility into account.

  • Review your insurance coverage. Check all of your policies for the possible hazards they cover, as well as your policy limits to make sure they reflect your needs. Double check flood coverage. Most regular insurance coverage doesn’t cover flooding.

  • Double check key-person life insurance and disability insurance coverage. The same disaster that disrupts your business could disable or kill key people, and cause severe disruption to the rest of the business as well.

  • Consider business interruption insurance. These policies provide a cash benefit to keep a business going in case of a temporary closure. Business interruption insurance can help you continue to meet payroll and even avoid going bankrupt, or to retain valued employees while your business has shut down.

  • Have a public relations plan. Designate a spokesperson for the company. Reach out to the local media with your recovery story. Don’t let people get the impression your business closed, particularly if you have to relocate.

  • Diversify your telephone systems. Hurricanes and other disasters may knock out Verizon phones but not AT&T service, and vice versa. It can take time before workers can repair towers or reroute signals.

    By ensuring your workers have different mobile providers, you can spread the risk out, so that your ability to communicate by cell phone is not wiped out by the loss of any one cell tower.

  • Some businesses need emergency funds if they are unable to operate after a disaster. The Small Business Administration can provide low-interest loans to qualified small businesses to help them keep running through a disaster and its aftermath.

  • Copy your tax returns and other key documents. Keep them online somewhere. Keep hard copies in a fireproof safe or deposit box off-site. If you live on the coast, keep it inland. If you live in a flood plain, keep it uphill.

    Identify your hazards, and don’t expose your valuable assets and papers to the same hazard in two different locations.

The takeaway

There is no cookie-cutter approach to hardening your business to cope with a disaster.

All businesses are different, and one may have different needs than another business next door.

Above all, though, use your judgment, critical thinking skills and work through the different contingencies that may affect your organization.

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

BGES Group are Workers’ Compensation Insurance Specialists for Tri-State Business Owners: Unhappy with your rates, company, being cancelled, losses causing difficulty getting coverage, in the middle of an audit dispute, payrolls misclassified, whatever your issue, we can help!  We have special programs for: Auto Service, Contractors, Limousine Services, Logistic Companies, Manufacturers, Recyclers, Truckers, we can help ANY tri-state business owner.  We are considered “Preferred Agents” for this one program that if we can get you in, their pricing is excellent, offers long-term coverage stability and can cover multi-state operations. Program takes the hassle out of doing annual audits too.

BGES Group offers all personal insurance coverages including home, auto, boat, jewelry, fine arts, life, disability, health and long-term care.  When was the last time you got a complete check up for all your coverage needs?   We are extremely caring and would love the chance to help you with your personal insurance needs.

BGES Group is an insurance agency whose owner is very responsible, responsive, offers boutique, very personal service and is ALWAYS there when you need him most!

Go read our “Google Reviews” and see what people have to say about us!  That can give you the comfort level needed to contact us.

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.