Injuries May Be Catastrophic, But They Need Not Be Fatal to Your Construction Business

Construction can be dangerous work. The majority of injuries to workers and members of the public are relatively minor; the injured persons fully recover in short order. However, catastrophic injuries, while rare, can devastate a person’s life, cost enormous amounts of money, attract unwanted media attention, and harm a contractor’s reputation and business.

There is no single definition of catastrophic injury. Organizations may define it in dollar terms, such as an injury that incurs liability of $250,000 or more. Others may define it in terms of the injury’s severity – a broken arm might not be considered catastrophic, but a crushed or severed arm might be. Still others may define it in terms of a change in an individual’s earning capacity – an injury that prevents a person from working or reduces his wages for less than a year might not be considered catastrophic, but one that permanently reduces or eliminates earning capacity might be.

Whatever the definition, there are some things a contractor can do to effectively manage a claim. A few steps the contractor can take before an injury occurs may pay dividends later:

  • Plan ahead. Most construction businesses are too small to have their own risk management departments, so form a partnership with an insurance agent experienced in insuring construction risks and obtain coverage from a company with expertise in handling construction claims.
  • Form good relationships. Many companies that insure contractors are willing to have a meeting involving the customer, agent, loss control and claims staff. Take advantage of this and form good working relationships with the people who will respond to a severe claim. If the contractor uses a third party administrator for claim handling, meet in advance with the appropriate staff and get their contact information.

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We Have The Best Workers’ Compensation Programs for The Construction as Well as ANY Industry!  Being Cancelled, Without Coverage, Paying High Rates, Looking for Better Pricing, Better Service, Call Gary Wallach at 914-806-5853!

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After a loss occurs, the company can do several things to manage the claim:

  • Work with the agent, insurance company, and others to evaluate the claim and prepare possible legal defenses.
  • In cases, where the contractor’s liability is clear, make quick contact with the claimant and the family. Work with the medical facilities to ensure that the claimant does not receive a bill.
  • Be truthful with the claimant, family, investigating authorities, and the media.
  • Begin the claim investigation as soon as possible to determine the facts and build a defense strategy.
  • In cases where the contractor’s liability is unclear, identify possible legal defenses. These can include contributory negligence on the part of others, no negligence on the contractor’s part, intervening causes, product defects, and others. Use these defenses to get the contractor dismissed from the case.

Good communications are the keys to successfully managing a catastrophic injury case – with the claimant and family, medical providers, insurance adjusters, and other interested parties.

  • Be prepared to answer the claimant’s questions or to find the answers. Frequent and meaningful communication with the claimant should assure him that the company cares about his situation. A claimant who feels that someone is paying attention to his needs is less likely to hire a lawyer.
  • Working with medical providers will keep the contractor informed as to the claimant’s progress, expected therapies and treatments, and projected length of disability.
  • Work with the insurance company and medical providers to minimize and resolve disputes.
  • Stay involved with the insurance company’s handling of the claim. The company’s goals might not be the same as the contractor’s.

No contractor wants to see someone harmed because of construction operations. However, severe injuries can and do occur on job sites. With careful pre-planning, proactive involvement after the fact, and prudent claim management, a contractor can do the right thing by the claimant and protect his business at the same time.

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 – 2022 – BGES Group

Keep the Lid on Workers’ Comp Costs During a Layoff

Between December 2007 and July 2009, the U.S. economy lost almost seven million jobs. In times of economic uncertainty, employees worried about their jobs may look toward the workers’ compensation system for supplemental income. Workers who have ignored aches and pains over the years and haven’t reported them might decide that the time is right to make a claim. Others who may have been healthy and who suffer an injury that they might have previously ignored may now decide they have nothing to lose by reporting it. Employers facing the possibility of having to lay off employees must be aware that their workers’ compensation costs may rise. However, there are steps they can take to keep a lid on costs.

Once a risk manager learns that a workforce reduction is coming, she can prepare in a number of ways. She should become familiar with the unemployment insurance laws in each affected state, including the levels and durations of benefits and how they affect workers’ compensation benefits. She should investigate other state programs available to employees that may offset workers’ compensation costs. She also might want to meet with the firm’s insurance broker to review pending claims and identify those that might become problems.

Another priority is claims documentation. The firm should backup employee records and store both in secure locations. Claim records should be updated with the latest available information. The risk manager might want to create a video record of conditions in the building prior to the layoff so that she can demonstrate to a court what the work environment was like. Finally, exit interviews that include written questionnaires completed by the employees can serve as evidence as to the employees’ physical condition at the time of termination.

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We Have The Best Workers’ Compensation Programs for The Construction as Well as ANY Industry!  Being Cancelled, Without Coverage, Paying High Rates, Looking for Better Pricing, Better Service, Call Gary Wallach at 914-806-5853!

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When the layoffs occur, the company should handle them as sensitively as possible. Losing a job is a traumatic experience for anyone; clumsy communications from the employer can inspire a worker to seek retribution. To the extent that the employer can help affected employees, it should do so. For example, it may want to offer resume preparation or outplacement services or employee assistance programs for those who need emotional support. Also, if the company can afford them, it may want to offer severance payments to the employees in return for their written agreement to forego any future claims against the company. Finally, though it may seem unlikely, the company should have contingency plans in place should any of the employees become violent, either at the time of the layoff or later.

To defend against exaggerated or fraudulent claims, the risk manager should ask the broker and the insurance company to coordinate claims handling through one office and one senior claims adjuster. She should also request that the insurer assign the defense of all cases to one law firm. To assist in the defense, she should make relevant records, such as videos, employee files, job descriptions, and exit questionnaires, easily accessible to the attorneys and any medical specialists the firm may hire. Finally, she should identify key personnel who may be available to testify as to job requirements and conditions, and she should make a list of their names and contact information available to the attorneys.

Cutting jobs is one of the most difficult things any organization must do. The goal of a workforce reduction is to lower the firm’s costs; uncontrolled workers’ compensation expenses resulting from the action may wipe out any benefits from it. Careful planning and handling of the action and its aftermath can go a long way toward ensuring that the company’s pain will not be for nothing.

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 – 2022 – BGES Group

Get the Injured Worker Back on the Job the Right Way

Workers’ compensation premiums represent a major personnel expense for most organizations. Injuries that cause employees to miss work are especially costly, in terms of both lost wage compensation and lost productivity. Also, the longer a worker is disabled and unable to work, the more his future earning power decreases and the more likely it becomes that he will hire an attorney. For these reasons, it is advantageous to both employer and employee to get the injured worker back on the job as soon as possible. As a result, many employers have implemented return to work programs.

Under a return to work program, the injured employee performs a different job while receiving his prior level of pay. The new job should be matched to his current physical capability, reflecting his state of recovery from the injury. To succeed, this requires a good working relationship between the employer and treating physician. The employer needs accurate information as to the tasks the worker can safely perform; otherwise, the result may be a second, more severe injury. If the worker’s physician will not cooperate or provide a realistic estimate, the employer or insurance company may have to require a physical examination by an independent physician.

A return to work program should be one piece of a comprehensive and coordinated loss management program. The elements of the program should include:

* Immediate reporting and investigation of accidents
* Arrangement of primary medical care
* Return to work program
* Regular communications with the injured worker

To assist in the arrangement of primary care, the employer should provide the treating physician with job descriptions that explain each job’s physical tasks in detail. Meetings with the physician to explain the nature of the employer’s operation will help match a job to the worker’s capabilities. Communications between the physician and the employer are vitally important. The employer may want to arrange for direct reports from the physician or regular reports delivered by the employee. The ideal situation is one where the employee can assume light duties without missing any time. Barring that, limiting lost time to a week or two will still keep the claim’s cost down, resulting in premium savings for the employer. The experience modification formula, which adjusts the premium based on loss history, gives the most weight to losses of $5,000 or less. Getting the injured worker back on the job quickly will help keep the loss well under that limit. Since losses remain in the calculation for three years, the effect of holding down claim costs is long lasting.

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We Have The Best Workers’ Compensation Programs for The Construction as Well as ANY Industry!  Being Cancelled, Without Coverage, Paying High Rates, Looking for Better Pricing, Better Service, Call Gary Wallach at 914-806-5853!

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Of course, return to work programs have pros and cons. The pros include:

* Limiting or eliminating lost work time
* Keeping the worker involved in the work environment
* Eliminating the need to locate, hire and train a replacement
* Increasing the chances of success should the worker refuse the new duties and sue for lost wage benefits, since the employer can show that it made a reasonable job offer
Among the cons are:
* The employer will pay the employee’s full wage for reduced productivity
* An employee with a bad attitude about his alternative duties could lower morale among the other employees
* If the alternative arrangement does not work out, returning the employee to lost wage benefits will wipe out any cost savings

While individual cases might not produce the desired results, employers should realize long-term savings by implementing return to work programs. Beyond the verifiable dollar savings, return to work programs can give the employer a more stable, happier workforce and a good reputation with potential 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 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 – 2022 – BGES Group

How to Get Your Business Insurance Claim Paid

For the most part, when a business needs to file an insurance claim, the carrier accepts the claim and sends out an adjuster to assess the damage, after which it starts paying the claim.

But the process sometimes doesn’t go smoothly, particularly if the insurance policy includes any number of exclusions. And many companies make mistakes in the claims process that may violate their policy’s conditions.

It doesn’t have to be that way, though. Fortunately, there are steps you can take to ensure your claim is paid, as follows:

Contact your insurer immediately When an accident or loss occurs that’s potentially covered by your policy, you should contact your insurer right away. The earlier the better as it’s easier for a carrier to assess any damage shortly after an incident.

If you are late in filing your claim, the insurer may question the severity of injury or damage.

Also, most business insurance policies require policyholders to promptly file claims for damage or loss. If you fail to report a loss or claim within a reasonable amount of time, your insurer may deny coverage on the basis that you’ve breached the insurance contract.

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We Have The Best Workers’ Compensation Programs for The Construction as Well as ANY Industry!  Being Cancelled, Without Coverage, Paying High Rates, Looking for Better Pricing, Better Service, Call Gary Wallach at 914-806-5853!

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Review the insurance policy carefully Review the insurance policy to understand what it does and doesn’t cover. Be sure to read the entire contract, including all endorsements. If you have trouble understanding the wording, feel free to call us for assistance.

Review your policy again before you file a claim. Be sure you understand the duties you are obligated to fulfill to obtain payment for a loss.

 

Create an inventory of losses This is essential for providing a clear picture of the loss or damage. Include descriptions of items, their original values and estimated current values. You should keep receipts for high-cost items and equipment as backup documentation.

It is also helpful to include a description about the condition of the item before it was damaged. If it is possible to take photos of the damaged items, do so and submit them with your claim.

 

Show proof of the loss  Insurers require policyholders to sign sworn statements that show proof of their losses, and the required information must be sent along with the statement.  This statement must be made and signed within 60 days of the insurer’s first request for it.

 

Prepare for the adjuster Be ready for the adjuster to inspect the property. Document any losses that occurred and take as many photos as necessary to provide a clear image of the losses.

If there is a large number of photos, you can create a file on the cloud or save them on a thumb drive that you can provide to the adjuster.

It is also helpful to do a walk-through of the damaged area with a video camera or a cell phone camera. Videos help show the damage live and from multiple angles. Use videos to supplement photo files.

 

Make temporary repairs if needed If you have to make temporary but necessary repairs, you can do so before the agent or adjuster surveys the property, but contact your insurer first to let them know. Do not order any unnecessary repairs.

The only types of temporary repairs that should be made are those that will prevent further damage or prevent a possible liability. For example, a temporary roof repair may be necessary to prevent the roof from collapsing and injuring people, and a broken window may be fixed to prevent rain from coming in a building and causing damage.

Since repairs are deducted from the settlement, keep receipts for any services and items purchased. For contracted work, obtain two written bids from separate companies before hiring someone.

A final word

Always stay organized when going through the claims process. Keep all papers and files accessible and have information ready in the event that your adjuster calls.

When talking to any repair companies or other related parties on the phone, keep track of calls and the reason for calls. Save receipts for any items that you purchased in relation to the damage.

If you have any questions about filing a claim on one of your policies, feel free to give us a call.

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 – 2022 – BGES Group

Violating Workers’ Comp Laws can be Costly for Employers

Workers’ Compensation insurance can be a large cost for employers. This is especially true in the construction industry. Construction workers face all manner of dangerous hazards. Injuries on construction sites can be frequent and severe. As a result, Workers’ Compensation costs contractors a lot of money.

Trying to skip out on paying Workers’ Comp benefits can cost even more. A California employer found that out the hard way.

One of the contractor’s employees suffered a puncture wound to a foot while on a job site. He reported the injury to his employer. The employer refused to submit a claim, and he did not pay any Workers’ Comp benefits on his own. Consequently, the employee’s wound went untreated and it became infected. When he finally did see a doctor, the infection was too serious for antibiotics to treat. Surgeons had to amputate his leg below the knee. He filed a claim with the insurance company on his own. The insurer awarded him benefits as a permanently disabled worker.

An investigation of the contractor revealed that this was not the first time he’d declined to report a worker’s injury. He also owed thousands of dollars in back Workers’ Comp insurance premiums. Worse, he misclassified some employees as independent contractors. This meant that he wasn’t withholding and paying payroll and Social Security taxes for them.

The result? The contractor was arrested and charged with multiple felony counts of Workers’ Compensation fraud. He faces up to five years behind bars.

This story has several morals for business owners:

  • Classify and report all payroll properly. If an employer misclassifies employees, the authorities will eventually find out. They deal with fraud often enough that they can easily recognize the signs. Some states have enacted laws specifically designed to root out worker classification fraud. New York enacted such a law in 2010, with stiff penalties for employers who misclassify. Maryland fines employers who deliberately misclassify up to $5,000 for a first offense and double that for subsequent violations.
  • If a worker gets hurt on the job, report it to the insurance company promptly. Delaying an injury report or not reporting at all are very bad ideas. The penalties employers face for violating state Workers’ Comp laws can be significant. In Colorado, violating employers can be fined up to $1,000 per day for each violation. A long-delayed report can easily result in a six-figure penalty.
  • If your business cannot afford to self-insure, buy a Workers’ Comp policy.  State authorities are not gentle with employers who violate this requirement. Florida law allows the Workers’ Comp Division to issue stop-work orders within 72 hours of determining that an employer is in violation, with $1,000 daily fines for violating the order. Minnesota assesses fines of up to $1,000 per week per employee for noncompliance. Businesses that break these laws may soon find themselves out of business.

The Workers’ Comp system exists to give injured workers reliable and prompt benefits while shielding employers from lawsuits. Employers who try to skirt the system will find themselves in the same position that this contractor did. That’s a position they do not want to be in.

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 – 2022 – BGES Group

Construction Firm Tips for Avoiding Insurance Disasters

When you’re in the construction industry you already have lots to worry about: Keeping your workers safe in one of the most dangerous industries, uninsured or underinsured subcontractors, and finding experienced employees from a shrinking pool of talent.

Not only that, but lawsuits lurk in any project, exposing you to serious losses that can threaten the survival of your business. For these reasons, it’s important that you understand your insurance coverages and that you know how to address any deficiencies that may exist in your risk management strategy.

To make sure that you are not left exposed, we recommend the following:

Choose the right insurance company We can help you find an insurance company with the experience in writing policies in your industry and the resources to tailor coverage to your needs. Remember, some large projects and lenders require that you are covered by only an A-rated insurer.

Don’t buy the cheapest policy If the policy price is significantly lower than other insurers, that may be a red flag. Make sure the insurer will be covering what the project owner, your lenders and other stakeholders require. If you find out your policy is deficient after you’ve purchased it, you’ll have to cancel it and buy a new one. There go your profits.

Understand your policy All policies have exclusions and you should understand what the insurance company will cover and what it won’t. We can sit down with you and review every line of your policy, including any additional insured endorsements or exclusions, so you know exactly what’s covered and what isn’t.

Don’t buy insurance you don’t need We can do a thorough review of your business and its risks with your help. It’s important your coverage meets your needs and that you don’t carry coverage for risks you’re unlikely to face.

Use the correct class codes  It’s easy to misclassify certain employees, and if you err it can come back to haunt you. When it’s time for renewal, go through your books and make sure you have job descriptions for all of your employees. Keep track of your staff so that you get it right the first time.

Also, keep track of new employees that you hire (or let go) during the course of the year, so that adjustments can be made to your policy.

Avoid the independent contractor trap  During the last few years, the IRS, the Department of Labor and a number of state agencies across the country have been cracking down on the practice of worker misclassification.

There are many implications for classifying someone who is an employee as a contractor, and all of them are costly. You could be looking at back taxes, owing additional workers’ comp premiums, lawsuits, and more.

Don’t understate payroll  If your insurer audits your business and they find that your numbers just don’t add up, you could end up having to pay additional premium or risk policy cancellation.

Understand how ‘claims-made’ coverage works “Claims-made” policies have lower up-front and ongoing costs and they only let you make a claim during the policy year during which a project is being built.

The biggest drawback of these policies is that if you have to file a claim years after the project is completed, you may be out of luck especially if you’ve switched insurance companies.

Check your subs’ insurance certificates Know whether or not your policy will cover subcontractors or if they need to carry their own liability coverage. Verify that any subcontractors you use have valid and current certificates of insurance.

Keep your policies current and up to date Many factors should prompt you to revisit your insurance policy: Hiring new employees, buying new equipment or vehicles, or opening a new office. These types of changes should prompt you to review your coverage with us to ensure you stay fully protected.

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 – 2022 – BGES Group

New Employees Account for Large Share of Workplace Injuries

A significant share of overall workplace injuries occur during new employees’ first year on the job, according to a recent study.

The report by Travelers Cos., Inc. found that over a five-year period, injuries to new employees accounted for 35% of all workplace injuries. These injuries resulted in more than 6 million lost workdays, accounting for 37% of all lost workdays during the period.

First-year injuries were especially prevalent in four industries. They comprised:

  • 53% of claims and 47% of claim costs in restaurants,
  • 48% of claims and 52% of claim costs in construction,
  • 43% of claims and 38% of claim costs in services, and
  • 39% of claims and 41% of claim costs in transportation.

The most frequent causes of injuries to new employees were:

  • Overexertion (27%)
  • Slips, trips and falls (22%)
  • Struck by an object (14%)
  • Cuts and punctures (6%)
  • Caught in or between objects (6%)
  • Motor vehicle accidents (6%)

Thirty-eight percent of first-year injuries were strains and sprains resulting from those overexertion and tripping accidents. Fractures accounted for 13%, some 9% were contusions, with cuts and puncture wounds, inflammation and dislocations making up 6% each.

Severe injuries such as amputations and multiple traumas were rare but costly — they comprised 8% of total claims, but 26% of total claim costs.

Employers should not assume that experienced new hires will be less likely to get hurt than those who are inexperienced. An experienced new worker may not necessarily understand their employer’s expectations for safe practices.

What you can do

Fortunately, there are steps employers can take to prevent their newest employees from getting hurt while at work and minimize lost time from accidents. These include:

  • Having a formal hiring process and clear job descriptions that emphasize the workplace safety culture.
  • Using behavioral interviews and background checks to determine whether prospective employees will fit within the employer’s safety culture.
  • Analyzing each step in performing a particular job to identify the associated safety hazards, and ways to reduce or eliminate them.
  • Including safety information in new employee orientation.
  • Continuously training employees on safe practices.
  • Including skill-based training (procedures on how to safely perform a task) and awareness-based training (training on general workplace policies, identification of workplace hazards, and employer safety expectations) in the ongoing training programs.
  • Implementing health and wellness programs, such as weight loss, healthy eating and exercise programs.
  • After accidents occur, analyzing them to determine their root causes. Document what happened, where, how long the employee had been with the company, and estimate how frequently the type of accident could recur if no changes are made.
  • Implementing return-to-work programs so that injured workers can get back to work quickly, even if only in a reduced capacity.

Finding and hiring good employees is both difficult and expensive. The last thing you as an employer want is for a good new hire to get hurt and miss many days of work. It hurts productivity and morale, raises workers’ compensation costs, and may discourage good employees from staying with you.

It is in the best interests of employers and employees to prevent workplace injuries to the extent possible. It is not necessary to just accept new employee vulnerability to injury. Accidents can be prevented or made less likely.

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 – 2022 – BGES Group

Inflation, Jury Awards Continue Driving Insurance Premiums

Inflation is not just affecting the cost of food and fuel. It’s also spilled over to the price of almost every industrial item, as well as building materials and services.

Anybody running a business, particularly one that carries inventories or has to invest in machinery or electronics, has seen prices increase on top of wage inflation in a red-hot job market with strong economic expansion.

All of that inflation, however, is leading to higher insurance costs, largely due to the increasing cost of claims in almost all areas of coverage.

On top of that, jury awards for both third party injuries and employees filing discrimination, harassment or other employment-related lawsuits are also on the rise.

Additionally, even the cost of adjusting and managing claims has jumped nearly 20% in the last year, according to a recent American Property Casualty Insurance Association (APCIA) report.

A survey by The Council of Insurance Agents & Brokers found that in the second quarter of 2022, businesses were paying on average 6.1% more for their commercial insurance policies than they were in the same quarter of 2021.

But rates will vary between regions as well as business sectors. Companies in areas at high risk for natural disasters are seeing higher rate hikes than those in relatively calmer areas, for example. Additionally, some states have higher jury awards than other states.

Commercial insurance policies that are seeing the most noticeable increases in claims costs, and in turn insurance rates, include:

Commercial auto Auto insurance is feeling pressure on two fronts: the cost to repair vehicles and liability costs in terms of rising jury awards and medical costs for injured third parties. The average rate hike for commercial auto policies was 7.2% in the second quarter of 2022, compared to the same period in 2021.

According to the APCIA report: “The frequency of attorney representation in commercial auto claims has been increasing, and the relative costs of resolving claims are significantly higher for claims with attorney representation, including taking considerably longer to resolve for consumers.”

Repair costs have increased substantially, adding to the cost of claims.

General liability General liability insurance is affected by many of the same lawsuit trends that affect commercial auto policies, including the number of large “nuclear” verdicts in lawsuits. These verdicts can be in the tens of millions of dollars, if not more. Settlement costs and legal fees continue to increase as well, adding to the cost of claims.

According to the APCIA, insurance industry incurred losses for commercial general liability have skyrocketed more than 57% since 2017. According to the agents’ and brokers’ council, rates increased an average of 4.7% in the second quarter of this year.

Commercial property Construction costs have skyrocketed in the wake of unprecedented building material cost increases, a labor shortage in the construction industry and supply chain constraints, leaving contractors short of materials to complete jobs.

For example, between December 2019 and December 2021 the price of construction materials boomed 44%, with some lumber prices up 400% in the summer of 2021.

Rates in the second quarter increased 8.3% from the second quarter of 2021, and while that rate is high, it’s compared to average rate increases of 10.3% in the fourth quarter of 2021.

Cyber The cost of cyber insurance is climbing 25% a year, thanks to increasing cyber attacks, increasing costs of ransoms demanded by ransomware criminals and rising cyber-attack business interruption costs, according to the agents’ and brokers’ council.

Another factor affecting the cost of cyber coverage is capacity (not enough insurers in the market). Also, insurers are raising deductibles and offering more restrictive terms to reduce their overall exposure.

The takeaway

With rates continuing to increase, it’s important that businesses take steps to manage their risks and reduce the chances of being sued, be that by third parties or their own employees.

It means having your internal policy procedures geared toward reducing the chances of discrimination (disability, race, sex, sexual orientation, etc.) or harassment lawsuits being filed by your staff.

It also means regular safety training for your workers to reduce the chances of customers, the general public or vendors that come onto your property being injured.

And it means taking steps to reduce the chances of your business being affected by a natural disaster. Mitigation steps will vary depending on the type of threat your business may face.

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 – 2022 – BGES Group

Small Firms Increasingly Need Directors and Officers Coverage

While directors and officers liability has been traditionally thought of as insurance for publicly traded companies, increasingly it’s smaller companies that account for the largest share of exposure among top decision-makers.

A study published by the news website Advisen found that over the past 10 years, small businesses accounted for 70% of all D&O insurance claims. And during that time, these claims increased 300% for small businesses, compared with 200% for large companies and 150% for mid-sized operations, according to the study.

Although privately held businesses don’t risk exposure to securities class-action suits, a business doesn’t have to have shareholders in order for its directors and/or officers to be personally sued.

Your directors and officers may also face exposure to lawsuits and regulatory actions that could seriously dent your company’s finances. Consider the following risks:

  • Breach of fiduciary duty  Investors sue a company alleging that some of its officers had personal connections to a third-party contractor the company hired to do some work. They accuse other officers and directors of breaching their duty of care in undertaking the project without properly investigating the qualifications of the contractor.
  • Failure to comply with workplace laws  An employee is terminated and then sues the directors and officers and the company for wrongful termination based on gender discrimination.
  • Theft of intellectual property  You hire a new vice president and his former employer sues him and your company, accusing him of stealing certain corporate licenses to market proprietary software, creating unfair competition and trademark infringement.
  • Misrepresentation  A company asks a supplier to build up its inventory because it expects an uptick in business. The supplier complies and then the company switches suppliers. The original supplier sues, alleging damages based on the promise of more business and subsequent failure to provide that business.

When you may want to consider D&O coverage:

  • If your company has relationships with vendors and customers that could in some way leave your directors or officers exposed.
  • If you intend to seek venture capital funding or attract other investors.
  • You have officers or directors who could be targeted by litigants over their management of company affairs.

BOX:

Low-priced policies for small firms

Many insurance companies offer small business executive liability coverage starting at $1,500 per year to protect directors and officers.

D&O liability insurance protects corporate directors and officers in the event they are personally sued – often in addition to the company being sued by investors, employees, vendors, competitors and customers, among other parties.

The insurance protects directors and officers by covering legal fees, settlements and other costs; in addition, the coverage sometimes can extend to protect the company if it is named in a suit, as well.

Also, some new directors or officers may demand that you purchase D&O insurance as a condition of employment or serving, since they will not want to put their personal assets at risk. Outside investors may also demand that you purchase a policy before agreeing to fund your company.

Considerations when buying a policy

  • Should you limit coverage to directors and officers or include coverage for the entity, as well?
  • Make sure the policy will cover innocent directors if one member is found guilty of wrongdoing. Policies will cover allegations of criminal misconduct up to the point of adjudication.
  • Do you need additional coverage, which is usually sold in increments of $1 million of coverage?
  • Read the fine print to ensure that the policy covers a wide range of claims, from regulatory actions to criminal investigations and employee lawsuits.
  • Have a separate coverage limit if that coverage is bundled with an employment practices liability policy. This will ensure coverage for personal liability of directors and officers in the event a claim against the company depletes the EPL policy limit.

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 – 2022 – BGES Group

Focus on Contractor Safety to Reduce Injuries for All

Whether you are a general contractor, subcontractor or general industry employer hiring a contractor to do work, you will almost certainly have some share in the responsibility for identifying hazards and communicating to employees the safe practices, tools and equipment needed to perform the job safely.

The employer and the contractor share an obligation to communicate planned work activities, the hazards involved and the contracted tasks, as well as the training, tools and equipment that all employees will need.

Before agreeing to work with a contractor, review the following data that gives insight into their safety culture and performance:

  • History of safety and environmental regulation violations.
  • Injury and loss history.
  • Total Recordable Incident Rate.
  • Experience modification rate (X-Mod).
  • Job and task hazard analysis procedures and results.
  • Written safety programs and policies.

Safety requirements

Ensure that you outline requirements in the work contract and in contractor manuals, so there is a clearly communicated expectation of workplace safety. Topics to consider include:

  • Company and contractor safety responsibility and emergency contact information.
  • A description and the location of hazardous areas, equipment, materials and tasks at the worksite.
  • Safety programs that govern the safe work practices for the contracted job.
  • Equipment, tools and supplies that the contractor or the employer needs to provide.
  • Personal protective equipment required at the worksite and for job tasks.
  • Training and certifications that contracted employees need prior to conducting work.
  • Reporting requirements and procedures for injuries, illnesses, hazards and safety concerns.
  • The expectation for a drug- and alcohol-free workplace.

Data shows that most serious work injuries in the field of construction are related to four general categories:

  1. Falls from heights
  2. Stuck or caught in between
  3. Struck by falling or flying objects
  4. Electrical hazards

Work around these types of hazards should typically be supervised or monitored by a competent person. Hazards related to the above factors can be found on most active construction sites.

Train your staff

Ensure that your employees are knowledgeable about the risks related to working around these hazards by creating or utilizing training resources that include the following topics:

  • Lockout/tagout procedures for equipment on-site.
  • A list of permit-required and non-permit-required confined spaces on-site.
  • Heat illness prevention procedures.
  • Trenching and excavation procedures and the location of utilities.
  • A list of chemicals used on-site and access to safety data sheets.
  • Areas where fall protection is required.
  • Vehicle, driving and traffic safety rules for the worksite.
  • Good housekeeping methods.
  • Worksite safety inspection processes and frequency of inspections.
  • Worksite security procedures.
  • Personal conduct requirements.

Training is important to familiarize employees with how to control job hazards and prevent injuries. Suggested initial and ongoing training topics include:

  • A worksite safety orientation, including a discussion of the hazards associated with the tasks of the job to be performed.
  • The contents of contractor safety manuals.
  • Pre-job briefings and shift meetings.
  • Safety tailgate topics specific to the worksite and job tasks.
  • Trainings that are required to control a hazard, condition or behavior.

Emergency procedures

Ensure that you train general contractors on the worksite-specific emergency procedures and equipment.

Knowledgeable employees and contractors can cooperate and make fast, quality decisions if they are prepared before an emergency occurs. The following topics and procedures at a minimum should be provided to employees and contractors:

  • Fire prevention and evacuation plans.
  • Emergency spill response and procedures.
  • Exit routes and assembly areas for emergency evacuations.
  • The location of emergency equipment such as fire extinguishers, first aid kits and rescue equipment.
  • Emergency contacts and communication methods.
  • Rescue and medical duties for those employees who are to perform them.

Establishing clear expectations, communication, training and monitoring all help employers and contractors work together in order to complete their jobs safely, while also protecting the safety and health of all 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 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 – 2022 – BGES Group