You may not think that as a tax preparer you need a great deal of insurance coverage. However, if you make a mistake that costs a client dearly with the IRS, you could be sued. And without proper insurance coverage you could be forced to pay for legal fees and any resulting settlements or court orders out of pocket.

If you currently carry a business owner’s or property insurance policy, the liability portion of those policies will not cover you for mistakes you make in rendering your professional service.

That’s why tax preparer’s professional liability insurance should be a cornerstone of your business insurance portfolio, whether you work from an office or out of your home.

Mistakes: Your biggest risk

As a tax preparer you need to stay on top of your game. Your clients are paying you for your expertise and trust that you keep up with changing federal and state tax laws and adjust their taxes so that they legally reduce their tax burden and avoid being audited.

The number of audits by the IRS has been rising and thousands of tax preparers are sued every year over alleged mistakes or negligence.

Regardless of whether you’re at fault, the cost of even defending against a lawsuit could result in you having to close your business or digging a deep hole for yourself financially.

Without professional liability insurance, you could be forced to sell off your personal assets to repay your client. You’d also have to pay for your own defense and any costs associated with a judgment against you.

The most significant risk a tax preparer faces is being sued for errors or negligence. These professional liability policies are also called errors and omissions (E&O) insurance and they will cover your costs if you are sued, including legal fees, court fees, settlements or court-ordered damages.

Most commonly, a professional liability policy would be triggered if a client sues you if your mistakes resulted in them:

• Being audited by the IRS, and

• Being forced to pay interest and penalties by the IRS.

Who needs coverage?

You should secure tax preparer’s professional liability insurance if:

• Your clients require it as a condition of doing business with you.

• A professional association you belong to requires it as a condition of membership.

• You provide advice or services that could result in a lawsuit or financial loss for your client due to any alleged error, omission or wrongdoing on your part.

• You have personal assets that could be jeopardized if a client sued you.

The cost

E&O insurance for tax preparers is extremely reasonable, ranging from $25 to $30 a month for a policy with a $500 deductible.

That’s an average and the premium will depend on the size of your business, the types of work you take on (if you take on more large clients, the premium will be higher than if you work with individuals or small businesses).

Other insurance

If you operate out of an office where clients visit you, you should also have in place a business owner’s policy, which will cover any third parties that are injured on your premises. Also, this policy covers damage to your property from a covered event like a fire and theft.

However, if you work from a home office and don’t have customers coming to you for meetings, you may just need home office insurance to cover your business equipment. These policies are usually sold as a rider to your homeowner’s 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’s office, located in Larchmont, NY is a full service insurance agency offering, Property, Liability, Umbrella Liability, Business Auto, Bid & Performance Bonds, Inland Marine, Worker’s Compensation, Workers Compensation Premium Recovery, New York State Disability, Group Health, Life insurance, Personal lines and Identity Theft.

Special Contractor Insurance Programs (NY, NJ, CT) – We we have 50+ insurance companies to market your general liability, umbrella liability, business auto, workers compensation, bid & performance bonds and group health coverages. We help contractors set up proper risk transfer. If you’re a contractor we offer extensive information about insurance markets, coverages, risk transfer, subcontractor screening, ways to lower your insurance costs.

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

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

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

e-mail: bgesgroup@gmail.com

website: http://www.bgesgroup.com

© – Copyright – 2022 – BGES Group

Every year, OSHA cites thousands of companies for violating workplace safety regulations, but there are some standards that are cited much more than others. To educate employers on workplace dangers, the industrial safety agency publishes a list of its top 10 most-cited violations.

OSHA recently released its most frequently cited workplace violations for the year ended Sept. 30, and once again violations for failing to follow fall protection standards for employees working at heights was the number-one transgression, for the 12th year in a row.

All of the violations on this year’s list also were on the previous year’s list, although there was a good deal of shifting up or down the rankings. This year’s top OSHA violations were cited as follows:

1. Fall Protection — General Requirements — 5,260 violations (1^st place in 2021)

This sweeping standard addresses the protection of employees working at heights and facing a risk of falling. This can include violations for ladder safety, guardrails, safety nets or personal fall-arrest systems.

2. Hazard Communication — 2,424 violations (5^th place in 2021)

The OSHA Hazard Communication Standard is designed to ensure chemical safety in the workplace. The standard requires workplaces to provide written information about the identities and hazards associated with the chemicals that must be available and understandable to workers.

3. Respiratory Protection — 2,185 violations (2^nd place in 2021)

This standard applies to all occupational airborne exposures to contaminated air when the employee is exposed to a hazardous level of an airborne contaminant. It sets out when employers must require workers to wear a respirator, or be permitted to wear one.

Employers must provide evidence of adequate ventilation and attempts to substitute less hazardous materials in order to decrease employee risk.

4. Ladders — 2,143 violations (3^rd place in 2021)

This expansive standard covers ladder safety in various types of environments and different types of ladders in the workplace, including distances between rungs and angles when leaning them against walls.

Ladders in fixed positions must also meet OSHA load-bearing requirements. When ladders are in use, their steps must be parallel and level.

5. Scaffolding — 2,058 violations (4^th place in 2021)

The standard requires employers to protect each employee on a scaffold more than 10 feet above a lower level from falling to that lower level.

It addresses a number of safety issues for scaffolding, including:

• Fall protection

• Guardrail height

• Cross bracing

• Midrails

• Footings

• Platforms

• Guying ties and braces

• Capacity

• Training

• Inspections.

6. Lockout/Tagout — 1,977 violations (6^th place in 2021)

This standard focuses on preventing the accidental startup of machinery while it’s turned off and being serviced. All machinery must be shut down, locked out and have a tag attached warning others not to turn the machine on, when maintenance and repairs are being conducted.

Workers must be trained in lockout/tagout procedures to reduce the risk of injury.

7. Powered Industrial Trucks — 1,749 violations (9^th place in 2021)

This standard involves posted safety requirements for the use of forklifts, motorized hand trucks and other lift trucks by employees. These vehicles’ standard operation and maintenance must meet OSHA standards for safe usage. Modifications to these vehicles must conform to OSHA safety regulations.

8. Fall Protection — Training Requirements — 1,556 violations (7^th place in 2021)

This standard requires employers to deliver and document safety rules regarding fall prevention to employees.

Employers are also required to hold regular training sessions, and all concerned employees must complete these training sessions on at least an annual basis.

9. Personal Protective and Lifesaving Equipment — Eye and Face Protection</b> — 1,401 violations (8^th place in 2021)

This standard requires that employers furnish and employees wear eye and face protection when engaged in activities that could cause injury to the face or eyes from flying debris, particles, etc.

10. Machine Guarding — 1,370 violations (10^th place in 2021)

This standard requires employers to install guards or shields on machines whose parts or debris can cause injuries to the operator or other nearby employees.

It also requires protection from flying sparks, chips or rotating parts. Eye protection devices must feature detachable side protection. Training for the use of these protectors must be done before employees use any machine that requires such protectors.

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

Special Contractor Insurance Programs (NY, NJ, CT) – We we have 50+ insurance companies to market your general liability, umbrella liability, business auto, workers compensation, bid & performance bonds and group health coverages. We can help contractors set up proper risk transfer. We offer extensive information about insurance markets, coverages, risk transfer, subcontractor screening and numerous ways to lower your insurance costs.

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

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 – 2022 – BGES Group

Many contractors sub work to other contractors and believe they have coverage under their own General & Umbrella Liability policies.  But do they?

It’s important to understand what your insurance policies require in order to afford coverage for claims caused by subcontractors.  You can’t plead ignorance at time of claim, insurance companies WILL NOT PAY!

Most contractors rely on their insurance brokers to make sure they’re covered.  The reality is many brokers, once they sell their policies, do not stay on top of client’s to make sure they have the proper paperwork from each sub.  They do not have the time to do so.  There is a way though to get this done, not by you, but by farming it out to someone like my company. Interested, call Gary Wallach at 914-806-5853.

NEW YORK CONTRACTORS:

If you are a New York contractor, your Commercial General Liability and Commercial Umbrella &/or Excess Liability policies usually have very strict requirements if they are to cover subcontractor accidents.  Failure to be in FULL COMPLIANCE WILL result in declination of a claim.

Many contractors have their liability policies with “Surplus & Excess Lines Carriers.”  Most policies have “Hammer Clauses” as part of the contract. Want to be covered in the event of a subcontractors accident?  It is CRITICAL you understand what’s in your policy regarding subcontractors insurance requirements.

In simple terms, “Hammer Clauses” require you to get, before work starts, the following:

1. A written, signed and dated “Subcontractor Hold Harmless and Insurance Agreement” incorporating a hold harmless provision and outlining the coverages and limits required of subs.  CONTRACTOR BEWARE!  Due to the cost of New York contractor liability insurance, a large percentage of subs carry inferior coverage and are NOT in compliance with YOUR insurance requirements.  In the event of a claim, YOU WILL NOT HAVE COVERAGE UNDER YOUR POLICY FOR ACCIDENTS CAUSED BY SUBS!

2. Obtain a “Certificates of Insurance” from each subcontractor including:

   1. Your company being listed as an “Additional Insured.”

   2. Their being a “Waiver of Subrogation” in favor of your company.

   3. Your sub evidencing “Primary and Non Contributory Clause” in their policy.

   4. Specific coverages subs need to carry: i.e. “Contractual Liability,” “Labor Law Coverage, etc.

Addressing the above seems easy but it’s not.  Contractors don’t understand the technicalities of insurance.  They are in the business of building.  The reality, most are not in compliance with their policy requirements and better hope they never have a claim because they if they do, they’ll probably get knocked out of business!

If you are concerned about having the right coverage for subcontractors, we will be glad to review your policies for FREE.  If you need a sample “Hold Harmless and Insurance Agreement,” we can give you one for FREE!  Of course we are not lawyers so it will have to be reviewed by your attorney.  We are glad to give it to you though.

So Who Are We?  About The BGES Group:

1. We are one of tri-state’s (located in Westchester County, NY so New York contractors are our main clients) “Construction Insurance Specialists.”

2. We offer “REALLY GOOD” construction insurance programs. Our pricing is VERY COMPETITIVE and we offer REALLY GOOD POLICIES TOO!

3. We can save you a lot of money. We just saved a NYC contractor $100,000 on their GL & Umbrella premium; A Queens contractor had a $3 million Umbrella, paying $103,000.  We reduced premium to $78,000 and increased limit to $5 million; Upstate demolition contractor was paying $50,000+ for a $3 million Umbrella, we got them a $5 million Umbrella for $23,000.

4. We offer boutique service. You WILL ALWAYS get us when you need us.

5. We get the job done that others can’t.

6. We have great relationships with insurance companies so we can get things done that a lot of brokers can’t!

7. Every year we review your account and if we feel we can get you better coverage or pricing we market your account and DO NOT just let it renew with the same companies, year in, year out.

8. We are very trustworthy

9. We are very reliable

10. You want to work with someone whose always helpful and there for YOU? Who are some of the most reliable people you’ll ever want to deal with? Who when they say something they do what they say?

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.

Here’s What People Have to Say About Us:

Sarah S.

Gary is a considerate and honest guy. I have nothing but respect for him and 5 stars isn’t enough.

Nick S.

Over 20 years of excellent relationship that has met all our insurance needs.

Steve S.

My previous Workers Comp insurer was always trying to reclassify employees to put them in higher risk groups to raise the premium (despite no claims in over 5 years). Broker at the time wasn’t helping. Gary was recommended by a friend and did a phenomenal job. Found new insurer for less money who then, a year later, further reduced premium after the audit! I’m now paying 40% less than I used to and only 1/4 of what my old insurer wanted to jack the rate to.

SANJA C.

Gary is a great, responsible, professional…someone you can rely on. I would highly recommend him.

George K.

Since I transferred my insurance policy to BGES Group I have saved a lot on the rates and service is a first class. Always get immediate response to all my needs. It’s a A Plus from me.

Elena E.

My broker, Gary Wallach, is the BEST!  He’s professional and a pleasure to deal with. Always has the answers for me and is quick to respond to my emails and phone calls. This is one reason I remain a loyal BGES Group customer. Good Rates on all my insurance needs too!

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

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

Special Contractor Insurance Programs (NY, NJ, CT) – We we have 50+ insurance companies to market your general liability, umbrella liability, business auto, workers compensation, bid & performance bonds and group health coverages. We can help contractors set up proper risk transfer. We offer extensive information about insurance markets, coverages, risk transfer, subcontractor screening and numerous ways to lower your insurance costs.

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

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 – 2022 – BGES Group

The U.S. Equal Employment Opportunity Commission has released a new poster that certain employers need to display in their workplaces.

The poster, “Know Your Rights,” must be displayed by all employers who have 15 or more workers. It replaces the “EEO is the law” poster.

Why the update?

The EEOC said it had to update and modernize the old poster, adding clarification to some items and including a QR code that links to instructions for filing a discrimination charge on the agency’s website.

The EEOC said that the new poster simplifies the employer’s obligations and employees’ rights under federal EEO law.

The poster also clarifies the following:

• That harassment is a prohibited form of discrimination;

• That sex discrimination includes discrimination based on pregnancy, sexual orientation and gender identity; and

• Regarding restrictions applicable to federal contractors and subcontractors, including non-discrimination for asking about, disclosing or discussing their compensation or the compensation of others, affirmative action obligations, and non-discrimination based on race, color, religion, gender, sexual orientation, gender identity, disability, and veteran status.

Displaying the poster

The EEOC issued the new poster on Oct. 19 and employers who are subject to the law should start displaying it as soon as is practicable. You can download various forms of the poster here.

These posters should be placed in a conspicuous location in the workplace where other required notices to applicants and employees are customarily posted. That should be a high-traffic area for employees, such as in a breakroom or near a time clock.

The EEOC encourages employers to also post the notice digitally, perhaps on the employee section of their websites. For some companies that do not have a physical location or who have staff that exclusively work remotely, posting digitally may be the only option.

The poster summarizes federal laws prohibiting job discrimination based on:

• Race

• Color

• Sex (including pregnancy and related conditions, sexual orientation, or gender identity)

• National origin

• Religion

• Age (40 and older)

• Equal pay

• Disability

• Genetic information (including family medical history or genetic tests or services).

The poster also explains how an employee or job applicant can file a complaint if they believe they have been discriminated against. It includes a QR code they can scan and that will link their smartphone to the complaint web page.

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

Special Contractor Insurance Programs (NY, NJ, CT) – We we have 50+ insurance companies to market your general liability, umbrella liability, business auto, workers compensation, bid & performance bonds and group health coverages. We can help contractors set up proper risk transfer. We offer extensive information about insurance markets, coverages, risk transfer, subcontractor screening and numerous ways to lower your insurance costs.

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

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 – 2022 – BGES Group

Insurers are increasingly using social media to track down workers who are perpetrating workers’ compensation fraud by faking injuries or staying on the dole after they have healed up.

Investigators are using Facebook, Instagram, TikTok and other online social media sites to nab claimants who are trying to collect payments. Still, while social media can be a goldmine of information on claimants, investigators have to act ethically and should do so quickly, experts say.

If an injured worker posts pics of themselves being active on Facebook, it gives investigators quick, actionable evidence for their investigations. But that’s only if the images are shared publicly and not just with their friends.

Workers claiming disability payments gift investigators evidence when they post photos of themselves being active on Facebook, for example, but only if those images are shared publicly.

While insurers are doing their part, employers are also getting in on the action. According to a report in the trade publication “Business Insurance,” one large grocery chain conducts social media research for auto and general liability claims and other employers research the social media profiles of all injured employees who have workers’ comp lost-time claims.

Many insurers have started using social media investigation software that can quickly help them find an individual’s address, phone number and their relatives or associates by indexing sites such as Facebook, Twitter, Instagram and YouTube.

And while many people share their personal information and posts with friends, some post everything publicly. But, by researching the profiles of a claimant’s family and friends, investigators usually can find pictures and other information that has been publicly shared about the claimant on other people’s pages.

Examples of fraud detected through social media

The wayward nurse — A nurse in Ohio had filed for workers’ compensation after injuring herself on the job as an in-home care provider. But her employer smelled something fishy and did some research on her LinkedIn page, which showed she was performing the same kind of duties that caused her injury at three other employers.

So, while she was collecting workers’ comp benefits from one employer she was still actively employed with others. She pleaded guilty and was ordered to pay back the $12,938 that had been paid to her in indemnity benefits. She was also sentenced to a year in jail.

‘Disabled’ worker back on the job — A worker who was collecting workers’ comp benefits from an injury sustained on the job in Ohio was found to be working as a rescue technician for a company in Arizona thanks to the pictures he had posted of himself on Facebook doing rapelling work. He pleaded guilty to fraud.

Use with caution

While social media can provide valuable information to prove insurance fraud or abuse, it must be approached ethically. For example, investigators cannot dupe someone into accepting them as a “friend” so they can then start rooting through their social media posts. The same goes for friending a claimant’s friends or family.

That said, if you suspect fraud, you may want to investigate the public portion of your worker’s social media.

“Use of a Facebook page poses real dangers for injured workers pursuing workers’ compensation benefits,” Thomas Domer of The Domer Law Firm wrote in a blog.

“Since Facebook is a public site, anything posted can be used by respondent insurance companies in claims denial. Even the most benign postings (birthday parties, family gatherings, etc.) can pose problems. For example, a grandparent lifting a 30 pound grandchild when doctors have imposed a 10-pound lifting limit could damage a claim,” he said.

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

Special Contractor Insurance Programs (NY, NJ, CT) – We we have 50+ insurance companies to market your general liability, umbrella liability, business auto, workers compensation, bid & performance bonds and group health coverages. We can help contractors set up proper risk transfer. We offer extensive information about insurance markets, coverages, risk transfer, subcontractor screening and numerous ways to lower your insurance costs.

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

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 – 2022 – BGES Group

Language barriers can present real threats to worker safety, particularly in certain industries that employ a larger share of non-native English speakers.

Only 57% of U.S. agricultural workers in 2019 were born in this country, including Puerto Rico, according to U.S. Census Bureau data. One-quarter of construction workers in 2020 were foreign-born.

Occupations in these industries can be among the most dangerous. Language barriers that prevent effective communication about safe work practices present a significant problem for achieving workplace safety.

OSHA requires employers to train their workers on:

• Injury prevention by performing tasks safely.

• Injury protection by wearing protective clothing and gear.

• Necessary steps after an injury occurs.

Unfortunately, language barriers make effective training on these topics difficult. OSHA requires employers to provide training to employees in “a language and vocabulary” they can understand.

However, simply providing signs and written instructions in non-English languages is not enough.

What employers can do

Here are some measures you can consider taking to overcome language barriers to workplace safety:

Training programs — Depending on how proficient workers are in English, you can modify safety training by:

• Providing training interpreters for workers with low proficiency.

• Speaking more slowly and clearly enunciating words for those who are more proficient.

• Providing visual aids and demonstrations.

Pairing — Have low English-proficiency workers pair with experienced workers who can demonstrate safe practices and supervise their progress.

If resources are limited, this can be done for the first days or weeks of the person’s employment. The more dangerous the work, the longer the pairing arrangement should ideally last.

Interpreters — If a large percentage of the workforce does not speak English, consider hiring interpreters to be on-site. Interpreters can relay instructions and warnings from supervisors to workers in words they understand, while also responding to supervisors in English with worker questions and concerns.

Written content translation — Provide written instructions in multiple languages, appropriate to the specific workforce, for workers who are literate. Keep in mind, however, the possible differences in dialects.

Pay to have employees learn English — If it is within your budget, consider paying for English classes for workers who need them. This may make communication easier and improve employee loyalty.

Hire multilingual employees — Look for employees who, for example, speak both English and Spanish. This puts less of the burden on the non-English speaker and may make the workplace feel more inclusive.

The takeaway

Ideally, language differences should not prevent employers from giving opportunities to earn a living to those who do not speak English.

Providing a workplace that is safe for all employees will reduce workers’ compensation benefit costs and help you hire and retain desirable employees.

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

Special Contractor Insurance Programs (NY, NJ, CT) – We we have 50+ insurance companies to market your general liability, umbrella liability, business auto, workers compensation, bid & performance bonds and group health coverages. We can help contractors set up proper risk transfer. We offer extensive information about insurance markets, coverages, risk transfer, subcontractor screening and numerous ways to lower your insurance costs.

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

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 – 2022 – BGES Group

The Biden administration has proposed a new federal rule that will make it more difficult for employers to classify workers as independent contractors.

If the new rule takes effect, companies that use independent contractors will have to reevaluate their relationships with these outside workers. Companies who hire contractors that work exclusively for them will have the hardest time trying to continue classifying them as independent.

The debate about classifying workers has been brewing for decades. Under the federal Fair Labor Standards Act (FLSA), employees have rights to benefits that elude independent contractors, including the rights to a minimum wage, overtime pay, unemployment insurance, health insurance, sick time and employer contributions to Social Security taxes. Their employers also purchase workers’ compensation insurance to cover them if they are injured on the job.

Companies that misclassify workers as independent contractors can face significant fines and back taxes, as well as their workers’ compensation insurer clawing back premiums the employer should have paid. Misclassifying workers also gives companies that do this an unfair advantage over their competitors that don’t.

The proposed rule

The proposal would allow an employer to classify someone as an independent contractor if, “as a matter of economic reality,” that person is in business for themselves.

What “economic reality” is depends on the answers to the following questions taken together. Note: One answer by itself does not make a person an independent contractor.

Can the worker increase their pay only by working more hours or producing more?

If so, this might make the person an employee. Conversely, can he or she do so by negotiating pay, selecting projects, marketing their service, or cutting expenses? That would tend to make them an independent contractor.

Does the employer purchase most of the worker’s tools and equipment?

This might make the person an employee. On the other hand, if their investments are for purposes like expanding the types and amounts of work they can do or cutting expenses, that might tend to make them an independent contractor.

The proposed rules do not provide a specific dollar threshold for this.

Does the employment relationship have a definite end date?

If so, this implies that they’re an independent contractor. Otherwise, they might be an employee.

How does the employer control the worker, and how much?

 The worker may be an employee if the employer:

• Sets their schedule

• Supervises the work

• Explicitly limits their ability to work for others

• Can discipline the individual

• Monitors their activity.

The less control the employer has, the more likely the worker is an independent contractor.

Is the person’s work integral to the employer’s business?

The more integral the work is, the more likely the person is to be an employee. The less integral it is, the more likely they are to be an independent contractor.

Does the worker use specialized skills developed outside the employment?

 If the worker doesn’t use specialized skills or depends on the employer for training, they are more likely to be an employee. If the person brings those skills to work and does not rely on the employer for training, they are more likely an independent contractor.

The current rule

The U.S. Supreme Court has on a number of occasions indicated that there is no single rule or test for determining whether an individual is an independent contractor or an employee for purposes of the FLSA. Still, among the factors which the Court has considered significant are:

• The extent to which the services rendered are an integral part of the principal’s business.

• The permanency of the relationship.

• The amount of the alleged contractor’s investment in facilities and equipment.

• The nature and degree of control by the principal.

• The alleged contractor’s opportunities for profit and loss.

The takeaway

The proposal must go through a mandatory public comment period ending in late November 2022, followed by the publication of a final regulation that may differ from the proposal. This process will take several months.

We’ll keep you posted about the new rules and provide further guidance in the future.

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

Special Contractor Insurance Programs (NY, NJ, CT) – We we have 50+ insurance companies to market your general liability, umbrella liability, business auto, workers compensation, bid & performance bonds and group health coverages. We can help contractors set up proper risk transfer. We offer extensive information about insurance markets, coverages, risk transfer, subcontractor screening and numerous ways to lower your insurance costs.

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

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 – 2022 – BGES Group

Architects, engineering firms, graphic design businesses and other service providers are increasingly being sued for alleged poor work quality, contract breach or missing deadlines — and jury awards are rising.

The costs of defending against a lawsuit of that type could quickly mount, even if you come out victorious in the end.

But a commercial general liability policy won’t help pay for your defense. You’ll specifically need a professional liability insurance to help cover the costs of litigation, settlements or judgments. Without a policy, the costs can quickly sink a small firm.

The unfunded lawsuit

Here’s a scenario that could leave you scrambling for funds. You run an engineering firm and a manufacturer sues your business after one of the machine parts that you designed failed, causing one of the client’s machines to seize up, resulting in $58,000 in damage to the machine and production downtime.

The lawsuit accuses your firm of negligence. Your business could be facing serious financial hardship as the suit asks for the cost of repairs and the lost production.

Here’s what you’re looking at:

• Attorneys’ fees — Depending on where you live, these can range from $150 to $400 an hour, or more if you go with a topflight law firm.

• Court expenses — Fees for copying, filing and other miscellaneous tasks all add up.

• Other legal fees — You may need to call expert witnesses, as well.

• Damages or settlements — Even if you try to reach a settlement with your client, they may opt to take the case to trial in hope of winning the full amount of the damages they are claiming.

You can see how the costs can quickly mount and if it gets to a damages or settlements stage, the costs will increase significantly.

You should know too that even if the case was frivolous, you’d still have to pay attorneys to defend it and file motions to have it tossed out of court. That alone could run you at least $5,000 in legal fees — a lot of money to pay out of pocket.

In fact, the U.S. Small Business Administration estimated in a recent study that legal costs for litigation ranged from $3,000 to $150,000, and only one-third of small business owners reported spending less than $10,000.

And there can be other fallout, as well. Perhaps word has gotten out about the lawsuit, damaging your reputation and ability to attract new clients and retain existing ones.

And if one client has sued, others who may have held off and had similar experiences could also file suit.

Professional liability insurance

A professional liability policy could have saved you from these significant expenses. The coverage, which is relatively inexpensive, is what’s known as “claims-made” coverage.

That means your policy must be active when the alleged incident occurred and when the claim is filed, in order to receive your benefits.

Client allegations that your work caused them a financial loss are often covered by a professional liability policy.

This type of insurance can cover errors and oversights with your work, as well as legal fees and the cost of settlements or judgments.

Cost: The average yearly cost of professional liability insurance for a small firm, regardless of the limits chosen or the industry of the business, was $985 in 2015, according to the Insurance Information Institute. The median was $758.

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

Special Contractor Insurance Programs (NY, NJ, CT) – We we have 50+ insurance companies to market your general liability, umbrella liability, business auto, workers compensation, bid & performance bonds and group health coverages. We can help contractors set up proper risk transfer. We offer extensive information about insurance markets, coverages, risk transfer, subcontractor screening and numerous ways to lower your insurance costs.

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

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 – 2022 – BGES Group

Businesses hit by wire transfer scams are increasingly finding it difficult to get their claims paid under their insurance policies unless they have either a crime or cyber insurance policy that covers “computer fraud.”

Wire fraud occurs when an employee is duped by someone posing in an e-mail as a company executive or trusted client into wiring funds into the fraudster’s account. Courts around the country have held that this type of fraud is covered under the computer fraud portion of policies, which is a big win for policyholders.

If you want to ensure that you are covered against this increasingly common crime, you should review your insurance policies, particularly if you have crime or cyber insurance. If you don’t have one these policies, you may be out of luck if your company has funds stolen in this manner.

How wire transfer fraud works

1. Criminals identify the individual in the company who can authorize a wire transfer, such as a senior manager or owner. They may also identify a person in one of the company’s trusted clients.

2. Once they know who can authorize a transfer, they will work to compromise their e-mail account through malware or other means so they can hijack it and send e-mails from it. Alternatively, they may set up an e-mail account with an address that closely resembles that of the authorized individual.

3. The scammers then use the e-mail account to send messages to employees and instruct them to wire funds to a designated account, and — poof — the money’s gone after the employee complies.

What the courts are saying

Courts have mostly found that computer fraud provisions under cyber and crime insurance policies cover this type of fraud, according to a recent blog by two partners at the law firm of Cohen Ziffer Frenchman & McKenna in New York. They noted that:

• In 2018 and 2019, the Second, Sixth and 11thS. District Courts all found in three separate cases that an insurer’s computer fraud coverage must pay for the losses of policyholders who have been hit by this type of crime.

The courts rejected insurers’ arguments the computer fraud portion of their policy was negated when employees took specific action to initiate the wire transfers.

• In 2022, the Ninth U.S. District Court found that a $200,000 loss suffered by a property management company was the result of computer fraud and was hence covered under two parts of their insurance policy: under the computer fraud and funds transfer fraud provisions.

• Also in 2022, the U.S. District Court in Alaska found that the city of Unalaska’s crime insurance policy’s computer crime and “impersonation fraud” provisions would both cover a $638,000 million loss the city suffered in a wire-transfer fraud event.

The insurer had contended that only the impersonation fraud coverage (which had a limit of only $100,000) applied and not computer crime coverage, which had a $1 million limit. The court disagreed and ordered that the insurer pay the entire claim of $638,000, minus the $25,000 deductible.

Cohen Ziffer writes: “The Unalaska decision represents a significant win for policyholders who seek coverage for wire fraud losses beyond their policy’s “social engineering” or “impersonation” coverages and reaffirms the long-held rule that these types of losses fall squarely within the “computer fraud” coverage provided by many crime and cyber policies.”

What you can do

If you have cyber insurance, you should sit down with us so we can help you review your policy to see if and how it would cover this type of attack. A policy may specifically cover wire transfer fraud under separate social engineering or impersonation fraud coverage, which often will have lower liability limits than the computer fraud portion of the policy.

Also, premiums have been rising quickly for cyber insurance and some insurers may scale back coverage for wire transfer fraud as these crimes grow. It’s doubly important that you know what your policies will cover. For some companies a robust cyber-crime policy may be enough.

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

Special Contractor Insurance Programs (NY, NJ, CT) – We we have 50+ insurance companies to market your general liability, umbrella liability, business auto, workers compensation, bid & performance bonds and group health coverages. We can help contractors set up proper risk transfer. We offer extensive information about insurance markets, coverages, risk transfer, subcontractor screening and numerous ways to lower your insurance costs. 

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

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 – 2022 – BGES Group

wire transfer insurance

Commercial insurance companies are raising rates in most of their lines to account for increasing claims as well as the cost of claims, but another factor is forcing them to increase their rates further: reinsurance.

When insurance companies underwrite policies, they will often not retain all of the risk. They will purchase reinsurance, which kicks in when claims reach what is considered a “catastrophic level.”

These global reinsurance giants have seen their profits erode substantially in the last few years due to the rising cost of natural catastrophes around the world, forcing them to increase what they charge insurance carriers.

These moves are trickling down into the primary insurance market in the form of further rate increases.

Property catastrophe reinsurance rates in the U.S. have risen by almost 15% in 2022 from the year prior, according to the Guy Carpenter U.S. Property Catastrophe Rate-on-Line Index.

Another report found that reinsurance rates for general and professional liability insurance has also been on the rise, averaging nearly 13% so far in 2022.

What’s happening

Reinsurance is a vital part of the insurance industry. It helps insurance companies pass on the cost of expensive claims by “ceding” — or paying — part of the premium you pay to the reinsurer. In exchange, the insurer agrees to take on the cost of claims. Insurance companies buy reinsurance for most lines of coverage including property, liability, workers’ comp and cyber insurance.

Reinsurers are taking steps to mitigate their exposure after being pummeled by a confluence of factors including:

• Increasingly large natural catastrophe claims payouts,

• Increasingly large jury awards in liability cases,

• Geopolitical uncertainty from the war in Ukraine,

• Liability payouts resulting from the COVID-19 pandemic,

• Skyrocketing inflation around the world, and

• Significant investment losses due to stock market volatility this year (reinsurers’ capital dropped by 11% in the first half of 2022 to $647 billion, hurt by financial market declines, according to broker Gallagher Re).

Reinsurers have responded in different ways:

Raising rates — A survey of insurance executives by Moody’s Investor Service predicts that reinsurance rates for property risks will increase between 7.5% and 10% at the Jan. 1, 2023 renewals.

Limiting capacity — Some reinsurers are pulling back and not taking on as much risk as they have in the past. They may limit exposure by capping the amount of policies or amount of coverage they are willing to underwrite. Some have pulled out of underwriting policies for properties in high-risk areas.

Increasing attachment points — Many reinsurers are raising the attachment point for coverage, which is essentially like your insurance company raising your deductible. That means the insurance company will be on the hook for a larger portion of claims costs. That in turn may prompt the insurer to raise its own rates.

What it means for you

When reinsurers raise both rates and their attachment points, it trickles down to primary policies such as yours.

This compounds the effects that higher claims costs are already having on commercial policies. There are signs that reinsurance rate hikes may accelerate in 2023. The insurance rating firm of A.M. Best Co. says that reinsurance rates have been lagging behind increases in primary insurance rates since 2018 and are now catching up.

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

Special Contractor Insurance Programs (NY, NJ, CT) – We we have 50+ insurance companies to market your general liability, umbrella liability, business auto, workers compensation, bid & performance bonds and group health coverages. We can help contractors set up proper risk transfer. We offer extensive information about insurance markets, coverages, risk transfer, subcontractor screening and numerous ways to lower your insurance costs.

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

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 – 2022 – BGES Group