Just the mention of a workers’ compensation audit can stir up the butterflies in your stomach and add a serious dose of stress to your existence.

But, if you are scheduled for an audit, there is no need to dread it. A small amount of preparation and common sense can save you a lot of aggravation and money.

Timing
Devoting a few hours of effort now can save you a lot of time in the future. Give your full attention to the auditor and remain with them throughout the entire process. The process may take a couple of hours to complete, so make sure that the time and date of the scheduled audit are convenient for you. Call to reschedule the audit if it has been scheduled at an inopportune time.

Documentation

As soon as you learn about the audit, begin to collect and organize:

• Payroll records,

• Overtime payroll records,

• Classification divisions, and

• Insurance certificates.

This should give you plenty of time to compose a summary of each, which will help you to better communicate important data during the audit process. Information that is well organized will also expedite the process. If you can reconcile your calculations to payroll records, such as W2s and payroll stubs, the auditor might be more comfortable trusting your data.

You will also want to make any needed adjustment to payrolls; for example, subtracting bonus pay from overtime pay.

If applicable, you will need to apply the maximum and minimum payrolls to the calculations. This part may take a little research, since the minimum and maximum will vary based on state, career, and even among sole proprietors, partners and executive officers.

Classification and subcontractors

Before the audit, review the different employee job classifications and make sure that each person is correctly classified.

This is a key element to ensure that the audit flows smoothly. If there’s any question about how to classify an employee, call us. The auditor is most likely going to ask you about the classification and job duties for multiple different employees, so be prepared and armed with knowledge.

One last important preparation concerns subcontractors. Payments issued to subcontractors can go against your workers’ compensation in the event that the subcontractor did not have a certificate of workers’ compensation.

You can get a copy of the certificate, but make sure that it is current and shows coverage during the time the subcontractor worked for you.

D-day

Once the audit arrives, you’ll be glad that you took a little time collecting, organizing and summarizing your information. You will also find that the auditor is not a nemesis, especially when you provide honest answers and organized paperwork.

At the conclusion of the audit, ask the auditor for the audit worksheet. Then ask us to review the accuracy of the final audit.

You have a legal right to ask for a corrected audit anytime you think there were any errors. If any overpayment was made under the last three preceding audits, you also have a legal right to recover it.

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 Equal Employment Opportunity Commission has signaled that it plans to step up enforcement of workplace discrimination for all protected classes, particularly at firms that engage in “systemic” discrimination.

Employee and job applicant discrimination complaints filed with the EEOC grew about 15% in 2022 from the year prior. The fastest growing are class-based employment claims, and class actions involving EEO claims have resulted in historic settlement amounts. The total for all class-based employment discrimination cases settled grew to nearly $600 million last year, nearly double from 2021.

While disability discrimination and sexual harassment cases account for a majority of EEOC actions, other types of discrimination complaints have been growing, in particular sex and religious discrimination.

In fact, nine out of the 10 highest settlements involving class-based employment claims in 2022 involved sex-bias claims, and the tenth case involved a religious-discrimination claim related to a company’s COVID-19 vaccination requirements.

Some of the settlements and lawsuits that the EEOC has announced recently include the following:

• After the EEOC investigated allegations that the Joe & the Juice restaurant chain failed to recruit, hire and promote females at its restaurants, the employer agreed to pay $715,000 and hire an employment monitor.

• The EEOC in December 2022 sued the Hometown IGA grocer for religious discrimination after it allegedly refused to hire a job applicant because of his Spiritualist Rastafarian dreadlocks hairstyle.

• After the EEOC investigated an allegation against Qualtool, Inc., a Florida tool manufacturing company, over allegations that it had refused to accept applications from or hire women who sought positions on the evening shift because of their gender, the employer agreed to pay a $50,000 settlement.

What you can do

To ensure your business doesn’t get caught up in a discrimination complaint, you need to  make sure that you have the appropriate personnel policies in place and that your managers and supervisors are trained to avoid taking actions that could appear discriminatory.

First of all, familiarize yourself with Title VII of the Civil Rights Act of 1964, which makes it illegal for an employer to discriminate against a person based on race, color, religion, sex — including pregnancy, sexual orientation and gender identity — or national origin in such aspects of employment as:

• Job assignments

• Pay rates

• Hiring or firing

• Training

• Promotion

• Benefits

• Layoffs.

In an article by the Society of Human Resources Management, Peter Spanos, an attorney with Taylor English Duma LLP in Atlanta, recommended that employers:

• Adopt clear and meaningful anti-harassment and anti-discrimination policies.

• Conduct periodic training for the workforce, management and HR personnel.

• Update mission statements that emphasize the company’s commitment to a workplace free from unlawful harassment and discrimination.

• Host employee forums regularly to explore whether workers feel that any discrimination or harassment is occurring.

Other steps you may want to consider include:

• Conducting pay-equity audits at regular intervals to assess whether your systemic compensation and benefits practices are susceptible to a disparate-treatment or disparate-impact claim.

• Consulting your counsel before making decisions that affect all or most of your staff in a given position, department or division, and if any of those groups pose any issues with employees’ protected status.

• Analyzing your current employee benefits offerings and rules for them (employee benefits issues are a common theme in discrimination lawsuits). If you are going to make changes that reduce or change these benefits, discuss your plans first with your counsel.

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 – 2023 – BGES Group

A jobsite crawling with bulldozers, cranes, scrapers and tractors can sometimes feel like a danger zone. However, with the proper heavy equipment safety guidelines in place, you can reduce risk and ensure your workers head home unscathed every day.

There are three main ingredients to safe heavy equipment operation: safe equipment, proper training and a safe attitude, and constant awareness of all jobsite activities.

If heavy equipment operators are armed with these three tools, they’ll have no problem playing it safe. Read on to learn more about these and other essential safety factors for operating heavy equipment on the worksite.

Use dependable equipment

OSHA puts a heavy emphasis on the safety features of heavy equipment. But, there’s much more to keeping equipment safe than just inspecting the machine’s safety features. After all, countless things can go wrong with this complex equipment, and these problems can lead to some major risks on the jobsite.

It’s extremely important to create customized inspection checklists for each unique piece of equipment. Safety experts recommend that heavy equipment operators conduct a pre-operational walk around and pre-start-up (in-cab) inspection before starting work to ensure the following are all working properly:

• Service, emergency and parking brakes

• Headlights

• Taillights and backup lights

• The horn.

Of course, these are just a few of the items that should be included on the checklist. You should create customized checklists for each piece of equipment based on both OSHA guidelines and the information provided in the equipment operating manual.

Steer clear of jobsite dangers

Heavy equipment operators should be aware of all jobsite activities so they can avoid potential dangers. That’s why it’s critical for equipment operators to walk through site activity checklists each day.

Here are a few obstacles and activities for operators to stay on the lookout for:

• Overhead lines: Many fatal occupational injuries occur due to contact between large jobsite equipment and overhead lines. That’s why equipment operators must exercise extreme caution when working near overhead power lines.

Workers should assume that all overhead lines are energized unless electrical utility authorities have indicated otherwise, and that they are visibly grounded and appropriately marked. OSHA provides specific requirements for the safe use of equipment near overhead lines.

• Barricades: Barricades must be used on any worksite where heavy equipment is in operation. These barricades help to notify workers where equipment is in use so that they can stay out of the area and avoid serious injury.

• Hand signals: If a crane is operation on a jobsite, the crane operator and the signaler must know the hand signals that are required by OSHA. These hand signals can be used for other types of equipment, as well.

Ensure safety with well-trained workers

A jobsite is only as safe as its workers. That’s why it’s so important to employ only well-trained, safety-conscious workers for work at a heavy equipment site. You should also conduct regular training, such as tailgate sessions before a shift starts.

According to OSHA requirements, jobsites, materials and equipment should undergo frequent and regular inspections by “competent persons” designated by the employer. It takes training to be a competent worker.

It’s important to train your employees on proper equipment inspection and operation safety. After all, your workers’ lives could depend on it. For more information, visit the OSHA website at www.osha.gov.

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 – 2023 – BGES Group

1. Since 1981 we have specialized at insuring New York Contractors.  We represent 50+ companies and THE BEST programs.  We can better your coverage and lower your costs.

2. We offer one-stop shopping for all your coverage needs.

   1. Property

   2. Equipment & Employee Tools

   3. Contractor General Liability

   4. Umbrella Liability

   5. Business Auto

   6. Workers’ Compensation

   7. N.Y.S Disability

   8. Bid & Performance Bonds

   9. Group Health

   10. Personal Lines

3. We have an incredible reputation and purchasing power.  This translates into better pricing and coverage for YOU!

4. Having us review your insurance can only better your situation.

5. We have an Umbrella Liability company whose pricing is up to 35% less than other companies and coverage is usually better than most too. Recently we saved two contractors $25,000 each.  We increased their limits from $3 million to $5 million and bettered their coverage too.

6. We offer GREAT Workers’ Compensation programs with low pricing, the right coverage, long-term coverage stability and some do not do invasive annual audits.  FREE MONEY – We have offer a service that goes back 7 years and finds overpayments made to past insurance companies.  They do all the work. You can get back hundreds of thousands of dollars.  There’s NO upfront cost and it’s a win, win for YOU!

7. Like a boutique mom and pop store, we offer FIRST CLASS SERVICE.  We are available Monday thru Sunday from 6:30am till 9:30pm.  Whenever you need us we are there for YOU!

8. When you call, in seconds, we answer the phone.  When you text, we text you back.  When you email, we email you back.  There’s no waiting when you work with us.

9. We are extremely reliable, transparent, trustworthy, helpful, pleasant and upbeat.  We are that “Diamond in a Rough Agency” that once in a “Blue Moon” you find to work with.  Check out our “Google Reviews.”  86 people say wonderful things about us.

10. Looking for new options for your group health coverage? We can help.  We have a unique way to make both group health and workers compensation more affordable.

11. We can help screen subcontractor’s insurance policies for you.  This is important because a lot of contractor general liability companies have “Hammer Clauses.” If you are not in compliance, you have no coverage for your subs accidents. We can help you monitor subs insurance.

12. We can help with reviewing owner and GC contract insurance requirements.

Here are what people think of us:  

V Jakupi

Best Insurance Broker you can get period!
In the middle of the busy season we received a letter from our old carrier that they no longer service NY, only NJ. We had only 60 days to find a new company. We got in touch with Gary who is very knowledgeable, friendly and experienced, assured us that he will take care of our insurance and he did. It has been now more than 5 years without an issue. Glad we found them and looking forward continuing working with Gary and the group.

E Ezhova

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! 

R Lodato

Gary was very Helpful and Fast. He listened to my complicated insurance problem tried to solve it from different approaches before finding the best course of action for me. He selflessly spent a lot of time making sure that leaving the State Insurance Fund was definitely necessary before using his services. I am 100% happy with his services. I can’t recommend him highly enough.

E. Zaretsky

We have used BGES Group for our insurances for over 20 years and had an amazing relationship with Gary Wallach. Gary is always looking for the lowest cost insurance, the highest quality, and his speed at providing certificates cannot be matched by anyone.

WP Blue

We have been using Gary and his services for over 10 years now. He is absolutely amazing. Always right on top of things. Answers you back quickly and helps you through all your issues! Gets you certificates of insurances within the hour. We can’t recommend him 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, 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 60+ insurance companies to market your general liability, umbrella liability, business auto, workers compensation, bid & performance bonds and group health coverages. We help contractors set up proper risk transfer. If you’re a contractor we offer extensive information about insurance markets, coverages, risk transfer, subcontractor screening, ways to lower your insurance costs.

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

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

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

e-mail: bgesgroup@gmail.com

website: http://www.bgesgroup.com

© – Copyright – 2023 – BGES Group

Note: BGES Group specializes at insuring New York Contractors.  If you are looking for better General and Umbrella Liability coverage or lower pricing, we offer all the best programs.  Call Gary Wallach at 914-806-5853 for immediate help.

Here’s What We Can Offer You:

1. Great rates – We can save you up to 30%+ because we are Workers’ Compensation Specialists who are much sharper than insurance company customer service representatives who have their company’s best interests at heart first.  WITH US, YOUR BEST INTERESTS COME FIRST!  AS SPECIALISTS, WE KNOW EXACTLY WHAT TO DO FOR YOUR ACCOUNT IN THE END YOU SAVE MORE WORKING WITH US!

2. First class service – Never wait on hold; never wait for a certificate; never wait for an email response; get the best advice from a 42+ year Workers Compensation Specialist who knows how to use the system’s rules TO YOUR ADVANTAGE.

3. Pay as little as $200 to bind coverage (one of our company’s offers this option).

4. We can cover you in multiple states.  If you are in a state or assigned risk plan and work in multiple states, you may have a serious coverage issue.  We can help you.

5. Pay-As-You-Go so when monthly payrolls are low you pay less.

6. We have program’s that eliminate invasive annual audits. If the company you have asks for every document imaginable we can help.

7. So you do not overpay, we make sure your payrolls are properly classified.

8. There’s a special credit that can save you up to 19%+. We apply for it on your behalf every year (most agencies over look doing this).

9. Long-term coverage stability.

10. Unless through a state program or payroll/wc plan, our office DOES NOT charge $500 to $5,000+ policy fees nor 10% service fees.  Many brokers do and we DO NOT approve of it.  Our feeling is you pay enough and we DO NOT want to add additional hardship you being a contractor.

11. We offer multiple payroll services coupled with workers compensation insurance – We can also include health insurance through some.

12. Workers Compensation advice from a 42 year expert!  We know the ins and outs of the system and how to use the rules in your favor!

Listen to what clients say about us:

V Jakupi

Best Insurance Broker you can get period!
In the middle of the busy season we received a letter from our old carrier that they no longer service NY, only NJ. We had only 60 days to find a new company. We got in touch with Gary who is very knowledgeable, friendly and experienced, assured us that he will take care of our insurance and he did. It has been now more than 5 years without an issue. Glad we found them and looking forward continuing working with Gary and the group.

E Ezhova

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!

R Lodato

Gary was very Helpful and Fast. He listened to my complicated insurance problem tried to solve it from different approaches before finding the best course of action for me. He selflessly spent a lot of time making sure that leaving the State Insurance Fund was definitely necessary before using his services. I am 100% happy with his services. I can’t recommend him highly enough.

E. Zaretsky

We have used BGES Group for our insurances for over 20 years and had an amazing relationship with Gary Wallach. Gary is always looking for the lowest cost insurance, the highest quality, and his speed at providing certificates cannot be matched by anyone.

WP Blue

We have been using Gary and his services for over 10 years now. He is absolutely amazing. Always right on top of things. Answers you back quickly and helps you through all your issues! Gets you certificates of insurances within the hour. We can’t recommend him enough!

If You Need a New Policy, Contact BGES Group, Gary Wallach at 914-806-5853

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

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

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

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

e-mail: bgesgroup@gmail.com

website: http://www.bgesgroup.com

© – Copyright – 2023 – BGES Group

The “Monday morning surprise” — the term for when an employee approaches you on the first morning of the working week to report an injury he or she sustained at work on Friday — can be a dreaded situation for an employer.

Nearly all organizations face this at some point and the injury report is likely to trigger an agonizing chain of events, according to a report by the Society of Human Resource Management.

The Monday morning surprise comes with several questions. Is the injury truly work-related?

Could it be a case of cumulative effects? Was this an injury sustained over the weekend, on the employee’s personal time? Do you have evidence to prove it?

The injury could be legitimate (especially if it involves the musculoskeletal system) or due to cumulative exposure, but employers should be wary of instances where an employee clocks out of a shift on Friday with no reported injury and returns on Monday with an injury.

That’s a red flag for workers’ comp fraud.

What not to do

Workers’ compensation fraud experts recommend that you do not:

• Spy on employees — If the employer plays investigator and creates a Big Brother atmosphere of spying on workers, especially when they’re injured, a huge divide in trust is created between employees and managers. When a supervisor functions as a spy, employees are quick to notice and feel devalued.

• Have employees sign a no-injury pledge — While the intent may be positive, to eliminate work-related injuries and illnesses, such an agreement discourages early reporting and could deter a worker from reporting an actual injury that gets worse over time.

• Restrict employees’ personal activities — The range of activities outside of work that could be deemed too risky for employees is impossible to define, and is not legally defensible. An employer who tries to dictate employees’ personal lives will end up with disgruntled workers.

What you can do

First you should put a policy in place that all workplace injuries should be reported to management on the day they occur. That way, the employer can investigate immediately and talk to other staff that may have witnessed the event.

The more time that goes by, the less likely that witnesses will remember anything pertinent to the claim investigation.

As you gather the facts on your injured worker, be sure to address how and when the injury occurred. Did they cite a very specific incident, or was it a gradual onset that worsened over time? If it was gradual, how long ago did the symptoms start? Did the pain stay in the same location, or is it moving around into extremities? Is it worse now after some rest or is it feeling better?

You should ask the employee why they are only reporting it on Monday, instead of Friday when the injury occurred. Often it could be an honest mistake.

Perhaps they told a supervisor who didn’t kick the information to management. Or perhaps they didn’t report it because they didn’t want to go to a clinic and thought they’d feel better after the weekend.

But the biggest violation may not be the employee’s fault, it could be yours. If they did not know they were supposed to tell you about a near-miss or incident-only injury, that’s due to poor communication on your part. Workers need to know that should any incident happen, they are required to report it.

End-of-week employee injury statement

One way to address the Monday morning surprise is to develop an “End-of-Week Employee Injury Statement.”

Your accounting department can attach something like the following statement to each employee’s paycheck:

I have not received or witnessed any injury during the course of this week’s work with [Employer Name Here.]

Employees would be required to complete the form, sign it and return it to their supervisor.

The benefits of such a reporting program include:

• Employees reporting workplace injuries in a timely manner.

• Improved management-worker communications.

• Strengthened accident prevention and employee safety.

• The ability to reconcile injuries that have occurred and to alert supervisors and management of hazardous conditions and unreported injuries.

• The identification of witnesses who should be interviewed during accident investigations.

It should be noted, however, that the use of an end-of-week statement would not be defensible against a claim for benefits at the Workers’ Compensation Appeals Board, but it could be used to establish the condition of the employee leading up to the at-work injury.

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 – 2023 – BGES Group

reporting workers compensation claim

workers compensation claim

Employers with 10 or more employees must post their completed OSHA Form 300A by Feb. 1 and keep it posted in their workplace until April 30.

The form must be posted where the company usually posts other employee notices, like minimum wage and workplace safety notices. Form 300A summarizes the total number of fatalities, missed workdays, job transfers or restrictions, and injuries and illnesses as recorded on Form 300.

The Annual Summary (Form 300A) requires the following information from the Form 300 Log:

• The total number of non-first-aid occupational injury and illness cases.

• The total number of cases with days away from work and cases with job transfer or restriction, and total number of other recordable cases.

• The cumulative total number of days from all injuries or illnesses, including days away from work and job transfer restrictions.

• The number of occupational injury/illness cases, including skin disorders, respiratory conditions, poisoning, hearing loss and all other illnesses.

Despite the form being relatively simple, many employers make mistakes filling it out. Here are the most common errors:

Keeping one log for multiple locations — Employers are required to keep one OSHA 300 Log per location where they have employees and that is in operation for a year or longer. The corresponding 300A form must also be posted at each location.

Improperly certifying the log — Under regulations, a company executive must certify the 300 Log and the 300A Annual Summary Form. An executive is defined as:

• An owner of the company,

• An officer of the corporation,

• The highest-ranking company official working at the location, or

• The immediate supervisor of the highest-ranking company official working at the location.

Listing all workers’ compensation cases — Only the injuries listed under the regulations must be included in the log. But deciphering OSHA’s recordkeeping rules to determine if an employee’s injury or illness is recordable is challenging.

The requirements and definitions differ significantly from those established under state workers’ compensation laws and, while there may be some overlap, some cases may be one and not the other.

It is important to only record and report those injuries that are required under the regulations, which require that an employer must record a work-related injury or illness if it results in one or more of the following:

• Death

• Days away from work

• Restricted work

• Transfer to another job

• Medical treatment beyond first aid

• Loss of consciousness

• Diagnosis by a physician or health care professional of a significant injury or illness.

Failing to record temp worker injuries — Regulations require that company employees and contract labor or temp worker injuries must be included in the OSHA 300 and OSHA 300A logs. The key is that the company must be in direct supervision of those workers.

Failing to post the form when there were no recordable injuries or illnesses — This is one of the most common mistakes that employers make. They think since they had no workplace injuries, the form does not need to be posted. That would be incorrect.

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 – 2023 – BGES Group

It is very common for the insurance requirements in a construction contract to include a provision requiring the subcontractor to waive all rights against the owner and general contractor for recovery of damages to the extent these damages are covered by the sub’s workers’ compensation and general liability or commercial umbrella liability insurance. Owners and general contractors insist on this provision because they want to protect themselves from being held liable for injuries to a subcontractor’s employee. Typically, the contractor giving the waiver asks its insurance company to attach a “waiver of subrogation endorsement” to its workers’ compensation policy.

The endorsement states that the insurance will company will not enforce its right to recover payments it makes to an injured worker from the person or organization listed on the endorsement. It applies only to the extent that the employer insured by the policy performs work under a written contract requiring the employer to obtain the insurance company’s waiver. It does not directly or indirectly benefit anyone not listed on the endorsement. With this endorsement on the policy, the company cannot attempt to recover payments it made to an injured worker from the company listed on the endorsement, even if that company was responsible for the injury. Consequently, the loss impacts the employer’s experience modification, probably increasing future premiums. In addition, the endorsement carries an additional premium for the employer, normally some percentage of the premium attributable to the job.

The endorsement and the waiver agreement in the contract do not bind the injured employee. He still has the ability to sue the owner and general contractor for his injuries. However, it is also common for construction contracts to require the subcontractor to defend and indemnify the owner and general contractor from any such suits. Therefore, it is probable that the employer will have to pay an additional premium for the endorsement, pay higher future workers’ compensation premiums for the loss, and pay higher future liability insurance premiums because its policy will cover the other parties’ liability.

For example, assume the sub’s employee suffers serious injuries when tools and materials fall off a scaffold and strike him. He collects workers’ compensation benefits for his medical costs and lost wages. The sub’s workers’ compensation policy includes the waiver of subrogation endorsement, so the insurance company cannot recover any of its payments. The worker sues the owner and general contractor for his pain and suffering. However, the contract requires the sub to cover the owner’s and general’s liability, so the sub’s liability insurance pays for the pain and suffering lawsuit. The sub’s insurance pays twice for the same injury to the same worker.

Owners and general contractors require waivers of subrogation for several reasons. Insurance consultants, brokers, and risk managers usually encourage them to require waivers. Waivers protect their liability insurance and reserve it for other claims. Because a waiver reduces potential liability losses, they become more attractive to liability insurance companies and probably pay lower premiums. Also, subcontractors often do not resist these requirements because they feel they lack negotiating leverage and their insurance companies are usually willing to provide the endorsement.

A few states have curbed the use of waivers of subrogation in their workers’ compensation systems. At least four states have passed laws making the requirements unenforceable, and other states allow the employer to recover from the injured employee some of the proceeds of pain and suffering lawsuits.

In the majority of states that allow waivers, contractors should work with professional insurance agents experienced in providing construction insurance. They can suggest insurance companies that will offer the needed coverages at a reasonable cost and assist with contractual issues such as waivers of subrogation. Above all, contractors must read and understand their contracts so that their agreements do not become an ugly surprise after a loss.

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 – 2023 – BGES Group

If employees are hurt on the job, workers’ compensation coverage will protect them. This coverage pays for lost wages, medical bills and any other related expenses workers incur while recovering. Since the number of scams with this type of insurance are very small, it is safe to assume that the majority of employees are honest about getting hurt. Another incentive for this is the requirement that a doctor must provide an assessment. If an employee were not really hurt, a doctor may be able to identify a false claim. However, some scam artists slip through the cracks, and the damage they cause is substantial enough that it costs billions of dollars every year. In addition to this, some employers skip paying premiums. Both offenses are considered workers’ comp fraud.

Although the scam rate is lower for workers’ comp than it is in other areas of insurance, the perpetrators are causing premiums to increase for everyone. This is costly for honest workers and businesses alike. When dishonest employees make bogus claims about injuries, their motives vary. One of the most common motives is free money. In most cases, the workers claiming to be injured have other jobs or secret businesses they use for additional income. Another motive is free vacation time. Many workers want to collect money and have time off to enjoy traveling, hobbies or other activities.

How Bogus Claims Work
There are several different ways workers can make claims and get away with their lies. The following paragraphs outline some of the most popular methods they use.

Exaggerated Injuries
If a worker is using this method, he or she will have a very minor injury. It may be a slight pain in the back, wrist or any other location. However, he or she will embellish the injury’s severity enough to take time off of work. After taking time off, the worker will usually claim that it is taking a long time to recover in order to collect more money.

Off-Site Injuries
People who get hurt while they are off the job may wait until they return to work to file a claim. They may fake an incident that would result in the same injury they sustained while away from work.

Fake Injuries
In some cases, workers may fabricate the details of a nonexistent injury. Some of the most popular scams involve soft-tissue damage. Back and neck problems are common claims. Since some of these are hard to disprove, employers may have to pick up the tab for a such a worker’s dishonesty.

While these are the most common methods used, some workers may use an old injury or malingering to gain money. With old injuries, workers pretend the damage is new in order to get out of work or to get paid for treating injuries they may not be able to afford to treat otherwise. Malingering is abusing the system by staying home longer than necessary.

Stolen Premiums
In some cases, workers’ comp fraud is committed by business owners who reduce the premiums they owe. Such premium scams may be hard to detect. If businesses use this method, they often hide their swindles behind covers, tax records, dummy companies or fake accounting records. Although the number of bogus claims made each year exceeds the number of premium scams, the scams have a much larger financial impact. One scam alone can cost hundreds of thousands of dollars. If a scam lasts for several years, the total may reach into the millions.

Whether businesses are avoiding paying premiums, lying about the number of workers on the payroll or lying about workplace safety, workers comp fraud is a serious offense. Lying claimants and crooked doctors also face serious consequences if they are caught. Employers can fight back by being insured properly, making the workplace safer and making the environment at work a happy place for employees. To learn more about this type of fraud and how to prevent it, discuss concerns with an agent.

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 – 2023 – BGES Group

Workers’ compensation premium fraud is costing honest employers millions of dollars every year – and endangering workers who are frequently exposed without workers comp protection.

Most people are familiar with fraudulent claims of injury on behalf of workers who fabricate or exaggerate their injuries to collect claims they aren’t entitled to.

That’s small potatoes next to employers who commit premium fraud.

In one recent case, California prosecutors announced the arrests of three individuals – Osvaldo Molina, 40, of Fresno, Fortino Galeno, 46, of Fresno, and Alicio Galeno, 41, of Los Angeles – for committing workers comp insurance fraud via their company, Floor Care Systems. The company solicited other businesses to clean their store and showroom floors, generally at night.

According to prosecutors, these men had concealed over $5 million in payroll from their insurance carrier. Molina and Fortino Galeno were each charged with 61 felony counts. Alicio Galeno was charged with 23 felony counts. Prosecutors alleged that they paid workers under the table, failed to pay them minimum wage or overtime in accordance with both federal and state laws, and even locked employees in their worksites without supervision. According to the State of California, the fraud has cost insurers an estimated $782,000 in workers’ compensation premiums and caused the State to miss out on $187,000 in withholdings.

In a similar case last year, the Liberty Mutual Insurance Company obtained a $1.4 million judgment against a company called Viking Industrial Security. In that case, Viking had actually maintained a false set of books. One set had a very small payroll, and that was what they disclosed to their insurers and to tax officials. That payroll was much smaller than their actual payroll. The fraud scheme was detailed and deliberate.

In that case, the insurance company was able to get a court order to download the company’s computer records, including its QuickBooks records. This court order allowed Liberty Mutual to prove the payroll fraud, and get a handle on the amounts at stake.

Viking’s owners compounded their error by attempting a fraudulent conveyance. That is, they attempted to transfer assets out of their own corporation into a brand new entity. The transfer had no legitimate business purpose other than to shield them from Liberty Mutual. This is illegal, and the courts entered a judgment against the new entity as well as against Viking.

This kind of fraud is much more difficult to detect than worker fraud. But the dollar amounts involved can be substantial.

Workers comp premium fraud, by its very nature, is almost always accompanied by tax evasion, including payroll tax fraud. While prosecutors come down heavy on all forms of fraud, the courts have taken a particularly hostile attitude toward employers who illegally withhold payroll taxes and who fail to deposit Social Security and Medicare taxes with the IRS. Don’t count on your corporation to separate your personal assets from your business assets, if you are guilty of this kind of fraud. Courts can and do routinely “pierce the corporate veil,” disallowing the limited liability benefits of corporations and LLCs in order to attack the personal assets of business owners who commit this kind of fraud.

Workers’ compensation fraud is generally governed by state law, so specifics vary with your jurisdiction. Business owners who commit egregious violations of the law are subject to severe fines and long jail terms, in addition to whatever civil penalties may apply. If a worker is injured, the business and possibly the owner who allowed the workplace fraud generally face liability for the worker’s cost of treatment.
And that’s before the IRS gets done with you for payroll tax fraud.

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 – 2023 – BGES Group