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June 2017

What is Small Tradesman’s Workers’ Compensation?

By Construction Insurance Bulletin

As a small tradesman, you perform a variety of tasks on the job site or in a factory. You love your job and have invested time studying in a trade school or an apprenticeship. While you are a skilled professional, you must pay attention to your insurance needs, though, including Small Tradesman’s Workers’ Compensation.

What is Small Tradesman’s Workers’ Compensation?

Small Tradesman’s Workers’ Compensation ensures your medical and other needs are met if you’re injured or become ill because of your job. It can cover injuries or illnesses caused by a specific event or from repetitive motions, overuse or exposure over time.

In general, Small Tradesman’s Workers’ Compensation pays for:

    1. Necessary medical treatment – pay for any generally acceptable medical care you need to treat your injury or illness, including doctor visits, lab tests, physical therapy, surgery, medication and medical equipment.
    1. Wage replacement – replace a portion of your wages as you recover.
    1. Disability – receive payment if your work-related injury or illness causes a total, partial, temporary or permanent disability.
    1. Death – survivors receive a death benefit if your work-related injury or illness is fatal.
    1. Rehabilitation – pay for therapy you need to regain employment-related skills or train for a new job.

Every state has different Workers’ Compensation requirements, so familiarize yourself with the law before you start a job. Remember to check Small Tradesman’s Workers’ Compensation requirements for out-of-state jobs, too.

Who Qualifies for Small Tradesman’s Workers’ Compensation?

Several factors determine your eligibility for Small Tradesman’s Workers’ Compensation. They can include your state’s requirements, your company’s size and the type of work you do.  Talk to your employer or insurance agent for details about your qualification for this valuable coverage.

How do you File a Small Tradesman’s Workers’ Compensation Claim?

It’s very important that you follow procedure when filing a Small Tradesman’s Workers’ Compensation claim. Otherwise, your expenses may not be covered.

  • Immediately report the injury or illness to your employer.
  • File necessary paperwork that lists details about the injury or illness, including where and when it happened and what you were doing.
  • See the approved medical professionals who accept your Small Tradesman’s Workers’ Compensation insurance.
  • Follow all medical advice, including recommended lab testing or rest.

How do you Purchase Small Tradesman’s Workers’ Compensation?

Every employer is responsible for purchasing Small Tradesman’s Workers’ Compensation insurance. Ask your employer today if you’re covered. It’s easy to buy a policy from a licensed insurance agent who understands the insurance industry and the risks you face as a small tradesman. Your agent will help you follow your state laws and protect yourself.

Avoiding Struck-By Hazards

By Construction Insurance Bulletin

According to the Occupational Safety & Health Administration (OSHA), the second highest cause of death in the construction field is the worker being struck by an object. Most workers in the construction field are very aware of the struck-by hazards they face when doing roadwork. However, many construction workers might be surprised to know that statistics show most struck-by accidents occur on the construction site.

Heavy equipment is involved in around 75% of struck-by fatal injuries. Equipment operators that don’t follow proper safety protocols not only put themselves at risk, they put workers on the ground at risk of being struck by swinging equipment, crushed under overturned vehicles, or getting pinned by equipment.

Struck-by injuries statistics prompted OSHA to establish the following procedures for equipment operators to follow in order to avoid creating hazards:

    1. All vehicles should be checked each shift to ensure that all accessories and parts are in a safe operating order.
    1. Unless a vehicle has a reverse alarm or the driver has a worker to signal them, vehicles with an obstructed rear view should never be driven in reverse.
    1. OSHA standard seat belts should be worn unless the equipment is stand-only or doesn’t have a rollover protective structure.
    1. Operators of lifting and dumping devices should ensure that they and all other workers are clear of the area before lifting or dumping.
    1. Vehicles and equipment should only be operated on maintained and safely constructed grades and roadways.
    1. Parked vehicles and equipment should have the parking brake set. If parked on an incline, the wheels should also be chocked.
    1. If not in use, bulldozer and scraper blades, dump bodies, end-loader buckets, and other overhead equipment should be lowered or blocked, with the controls in a neutral position.
    1. All vehicles should have adequate safety devices, such as braking.
    1. There should be a cab shield/canopy on any vehicle loaded by a power shovel, loader, crane, and such.
    1. The load and lift capacity of a vehicle should never be exceeded.
    1. Any construction taking place near a public roadway should have traffic signs, flagging system, and barricades.
    2. Workers must wear warning clothing, such as orange or red vests, to ensure they’re clearly visible. Warning clothing must be reflective if working at night.

Workers must also be mindful of overhead falling objects. This is a particular concern when working beneath scaffolding, cranes, or any area that overhead work is being done. There’s also the danger of objects that potentially could be propelled through the air and strike a worker, such as a power tool or an activity involving something being pried, pulled, or pushed. The following list of OSHA guidelines can protect workers from falling and flying hazards:

    1. The first line of head protection is having a hardhat on.
    1. Workers in areas where tools or machines could produce flying particles should wear shields, safety goggles, or safety glasses.
    1. Materials should be stacked so that they don’t collapse, slide, or fall.
    1. Scaffolding areas should feature toe boards, guardrails, screens, debris nets, canopies, or platforms to prevent or catch falling objects. Tools and materials should also be secured to prevent them from falling.
    1. Hazard areas should have warning signs and be barricaded.
    1. Protective guards on tools, such as lathes and saws, should be inspected for good working condition before use.
    1. Never use a power-actuated tool unless trained to do so.
    1. Try not to work in areas where underneath loads are being moved.
    1. The lift capacity of hoists and cranes shouldn’t be exceeded.
    1. All components of a hoist and crane, such as wire, hooks, and chains, should be inspected for good working condition before use.

 

What is General Contractors Professional Liability?

By Construction Insurance Bulletin

When you work as a general contractor, you may build homes from the ground up, perform repairs on a variety of buildings or renovate homes, buildings or offices. Your job fulfills you and improves the lives of others, but you do face risks. Protect your livelihood and assets with general contractors professional liability.

What Risks do General Contractors Face?

General contractors normally perform the building aspects of a project. Because you’re responsible for construction, any structural failure could become your responsibility. You could potentially be liable for injuries and illnesses that result because of a mistake you or one of your sub-contractors commit.

However, keep in mind that your duties as a general contractor may extend beyond basic building. You may be responsible for:

  • Designing a project
  • Estimating project cost
  • Hiring sub-contractors
  • Supervising an entire build site

While rewarding, these additional responsibilities increase your risks and liability. An error in design, underestimated cost or mistake by one of your sub-contractors that causes bodily injury or property damage could result in a lawsuit that exceeds a million dollars. As the general contractor in charge, you would be liable for these costs.

General contractors professional liability protects your livelihood and assets if you are sued. Instead of losing your business, home and financial accounts, your liability insurance policy covers any damages. It allows you to pay for losses and stay in business.

What Does General Contractors Professional Liability Cover?

Purchase general contractors professional liability and receive coverage for several important circumstances.

  • Design errors
  • Bodily injury
  • Property damage
  • Negligent acts
  • Contractual liability
  • Faulty workmanship

Additionally, your may purchase a general contractor professional liability policy with pollution and indemnity coverage. These important products protect you if pollution claims arise on the job site or if an engineer or architect is legally liable for problems with the project.

How Much General Contractors Professional Liability do you Need?

The right professional liability policy provides the protection you need, but you may not know how much coverage to buy for your business or a specific job. Talk to your insurance agent about your job responsibilities, potential risks and assets. These factors help your agent create a customized policy with adequate coverage limits.

You should also discuss the difference between a general contractor professional liability policy and an umbrella policy that’s added to a regular liability policy. In most cases, the professional liability policy provides greater coverage and covers all your bases.

General contractors professional liability protects your livelihood and assets. It’s important coverage, so make an appointment today to talk to your insurance agent, protect your business and gain peace of mind.

All Managers Exempt Status is Not the Same

By Business Protection Bulletin

In Arenas vs. El Torito Restaurants, a California appellate court ruled on the possibility of a class action lawsuit for the misclassification of all managers at the El Torito restaurants as exempt.

Although the court gave a lengthy analysis about the appropriateness of the class action case, for our purposes, what’s important was that it warned employers that just because managers might be exempt at one store they might not be exempt at another store. It depends on the circumstances.

At some El Torito restaurants, many of the managers also did work performed by the staff or busboys. In other larger, busier restaurants, they did less of this work. Employers should determine whether managers are exempt on a case-by-case basis unless there’s complete uniformity in operations.

The plaintiff’s complaint also lays out the laundry list of exposures employers face by misclassifying managers as exempt; violation of wage and overtime regulations, failure to furnish wage and hour statements, or not providing rest and meal periods.

What is a Farms/Ranches Business Owners Policy

By Business Protection Bulletin

As a farmer or rancher, you may produce a variety of products. Maybe you grow grain, flowers or fruit, raise cattle, horses or alpacas, or manage fish ponds, chicken barns or a custom farming fleet. A farms/ranches business owners policy is essential for protecting your livelihood.

What is a Farms/Ranches Business Owners Policy?

A regular homeowners’ policy covers your home if it’s damaged, and it may give you some liability coverage. This policy won’t give you the protection you need for your farm or ranch business, outbuildings or livestock, though. You need a specialized farms/ranches business owners policy with several layers of protection.

What Does a Farms/Ranches Business Owners Policy Cover?

Farm and ranch owners may customize their business owners insurance policy. In general, your farms/ranches business owners policy covers:

  • House – Repair or replace your farm or ranch house and any possessions i
  • Liability – Cover medical and legal expenses you may incur if someone is injured while visiting your farm or ranch.
  • Livestock – Receive financial reimbursement if your livestock are stolen, attacked by dogs or wild animals, accidentally drown or are shot, suffer electrocution or die during a natural disaster or collision.
  • Machinery and equipment – Replace damaged, lost or stolen tractors, wagons and other machinery and equipment you own, borrow, rent or lease for farm or ranching activities.
  • Structures – Cover farm/ranch structures, including barns, pens, fences, silos, machine sheds and other buildings, that may be damaged, stolen or vandalized during a weather incident or other incident.

Additionally, you may customize your farms/ranches business owners policy with a schedule that’s based on your specific farm or ranch operation. If something on your farm or ranch is not listed on the schedule, it may not be covered if it’s damaged, lost, stolen or vandalized.

Ask your insurance agent about these optional coverages, too.

  • Accidental Direct Physical Loss
  • Amendatory Deductible on Cab Glass
  • Chemical Drift
  • Custom Farming
  • Crop Dusting
  • Equipment Breakdown
  • Extra Expense
  • Fire on Growing Grain
  • Hired Auto
  • Incidental Business
  • Limited Pollution Liability
  • Loss of Earnings
  • Seasonal Coverage

Where do you Buy a Farms/Ranches Business Owners Policy?

A farms/ranches business owners policy is a valuable investment. To purchase a policy, talk to your insurance agent. Discuss your unique needs, business and budget and create a policy that’s right for you. For example, you may choose a policy with high liability limits if you conduct school tours on your farm or ranch, and the size of your farm or ranch affects the amount of coverage you will buy.

A farms/ranches business owners policy gives you peace of mind and valuable protection for your home and your business. Understand what it is as you operate your farm or ranch.

Business Classes and Insurance

By Business Protection Bulletin

Every business owner who has ever received a bill for an insurance premium has wondered how the insurance company came up with the price, especially if the premium has gone up since the last renewal. Although the insurance pricing mechanism can seem mysterious, and might involve a certain amount of discretion by underwriters, the starting point is always the same: The underwriter must answer the question, “What type of business is this?”

That might appear to be a simple question, but it does not always have a simple answer. When the underwriter answers the question, they assign the business to one or more classifications; more than any other factor, these classifications determine how much premium the business will pay.

Classifying a business can be straightforward or it can be more art than science. Most state Workers Compensation insurance manuals contain roughly 700 classifications; the Commercial General Liability insurance manual has a little less than double that. Compare those numbers to the thousands of business types that exist today and the new ones that will exist five years from now, and you get a sense for why classifying a business can be tricky.

In addition, while Workers Compensation, General Liability and Property classification descriptions are similar in some cases; in many others they bear no resemblance to each other. The underwriter who knows that they’ve correctly classified the business for one type of policy might find that classification to be of no help for the others. Although it might appear that determining the correct classification is only the underwriter’s problem, it also has short- and long-term effects on the insurance buyer.

The correct classification ensures that the buyer pays the appropriate rate and that all buyers in that classification receive fair treatment. If the classification is incorrect, the buyer will pay a rate that is either too high or too low for that type of operation. For example, compare two contractors — one installs plumbing systems in commercial buildings, the other installs automatic sprinkler systems in them. If the plumber’s work is faulty, a pipe might leak and cause water damage to furniture and equipment in one or more rooms.

If the sprinkler contractor’s work is faulty, the sprinklers might not work when a fire breaks out and the fire might destroy the entire building. The risk of a severe loss resulting from completed operations is much higher for the sprinkler contractor than it is for the plumber. If the underwriter classifies the sprinkler contractor as a plumber, the sprinkler contractor pays a much lower rate for completed operations coverage than it should.

In the long term, loss experience will cause the rates for plumbers to increase. This is unfair to plumbers and to sprinkler contractors whose underwriters classified them properly.

Also, charging an inadequate premium might cause the business’s experience modification to be higher than it should have been. The experience rating formula compares actual losses to the losses a typical business in that classification with that level of payroll or sales would have. If the classification is wrong, the formula will understate the level of expected losses, resulting in a higher debit or lower credit.

The rating manual rules require that policies issued to businesses in some classifications carry specific endorsements (policy changes). For example, the rules for restaurants require the company to attach an endorsement that changes the definition of the products-completed operations hazard. Use of the wrong classification can result in the wrong policy terms for the business. A business owner should work closely with one of our professional insurance agents to ensure that insurance companies are using appropriate classifications. Although the wrong classification might appear to save the business money in the short run, it can prove to be costly in the long run.

Reduce Stress to Legs, Back and Neck at Work

By Workplace Safety

After several hours of sitting at your work desk, it’s finally time for your break. The moment you stand up for your break, you realize that your legs are numb, stiff, or just won’t work. This is a common scenario experienced everyday by a variety of desk workers. Not that being devoted or working hard is a negative thing, but it can be detrimental to the body if smart work habits aren’t employed.

When workers become immersed in their work, it’s often hours before they even realize that they haven’t moved their lower extremities. This type of prolonged motionless work might seem like something that would increase productivity, but it can lead to an array of health problems, such as obesity and stress. The resulting problems actually make for a less productive employee.

Obviously, the first smart work habit is to get up and stretch the lower extremities and get blood flowing again. Ideally, workers should get up from their desk every hour for just a few minutes. This can be accomplished simply by walking to the water cooler, bathroom, copier, or such.

The computer is a key source of bad work ergonomics and negative impacts on the health of workers. Experts suggest that computer monitors be positioned directly in front of and arms-length away from workers. To minimize any eye strain from glares on a computer monitor, it should be tilted slightly downward. The worker can help minimize eye strain by blinking frequently to keep the eyes moist. It might be necessary to focus from a different angle, such as by slightly tilting the head upward.

Likewise, the computer keyboard should be placed directly in front of workers. It should be positioned at a comfortable distance. Try the computer at a sloped and flat position to see what feels more comfortable. It might also be helpful to rest and relax the palms when not typing.

Now that the computer and keyboard are positioned properly, workers should make sure that their own body is in good alignment. Make sure that the feet are flat on the floor and the back is supported. A lumbar support may be helpful to support the back. Stores that sell ergonomic office supplies will have work equipment, such as a chair with the lumbar support or a lumbar support insert, that’s been designed scientifically for comfort and ease of use.

Workers who take care of their body at work will feel better at work and at home. Even with the tiny amount of time lost to stretching and ensuring proper body mechanics and equipment positioning, this worker will also ultimately be more productive.

Spotting Fake Accident Scams

By Risk Management Bulletin

Many think of fraud as a non-violent crime. In reality, vehicle insurance scams, including staged traffic accidents, are far from non-violent. Aside from costing honest consumers hundreds to thousands of dollars in added insurance premiums, this steadily growing form of fraud has resulted in countless injuries and deaths to innocent victims of the scams. In fact, data from the NICB (National Insurance Crime Bureau) shows that staged traffic accidents have rapidly become a leading source of insurance fraud nationwide.

How Does It Work?

These criminally staged collisions frequently involve several suspects driving a car. The victim is the driver of another vehicle that’s being targeted by the suspects staging the collision for their own financial gain. The suspects will most often use one of two techniques:

Swoop and Squat.

Two or more suspects drive two different vehicles. They target an unsuspecting vehicle, most often an older model that only contains one victim. This is done so that there will not be any witnesses to the collision. The one or two suspects in the squat vehicle position their car in front of the vehicle driven by the victim. They slow to create a smaller space gap between themselves and their victim.

Then, the swoop vehicle suddenly changes lanes to cut in front of the squat, thereby causing the squat vehicle to throw on breaks and stop. As a result, the innocent victim rear-ends the squat. Meanwhile, the swoop vehicle is long gone and the squat vehicle is claiming that an unknown vehicle cut them off and forced them to brake.

The Drive Down or Wave On.

In this version, the suspect(s) are stopped at the entrance to a parking lot or an intersection. They wave on or yield the right-of-way to the victim. When the victim proceeds, the suspect intentionally accelerates to collide with the victim.

What Can Drivers Do to Reduce the Risk of Being a Victim?

Stay aware of your surroundings, paying close attention to what the vehicles several in front, behind, and beside you are doing and maintaining sufficient room between you and all other vehicles. Use caution when making a turn in front of another vehicle, even if they yield the right-of-way.

Since suspects tend to look for innocent drivers that accidentally cross the center line and then sideswipe them, pay close attention to staying within the lines of a lane.

After any accident, count the number of passengers and get their personal information. You might find that more people are listed on the insurance claim than were actually in the accident.

Avoid driving when you’re stressed; preoccupied with a cell phone, map, or food; or lethargic. All of these lessen the care with which you drive and your concentration abilities, thereby increasing your vulnerability.

Have a camera in your vehicle to take photos of the scene, license plates, and the occupants of the vehicle with which you have an accident.

Always call the police and get a copy of the police report. If the damage to the other car is minor, then ask the officer to specify this on the report, as this will make it more difficult for the other party to create more damage for a larger claim.

Alert the authorities if you feel the accident was staged.

In closing, these staged traffic accidents often have criminal elements that reach far beyond just the suspected drivers. It’s often a criminal collaboration among unscrupulous doctors and attorneys who willingly and knowingly assist in the fraudulent insurance claim process.

Eight Potential Updates on the Health Care Act

By Life and Health

In March, Republicans in the United States House announced updates designed to strengthen the American Health Care Act (AHCA). The AHCA replaces the Affordable Care Act or Obamacare and will give all Americans access to the healthcare they want and deserve. While the AHCA is not law yet, several updates are important for you to understand since it can potentially affect the health care you receive.

    1. Makes Insurance More Affordable

      Premiums are expected to decrease under the AHCA. Limits will also be placed on deductibles and out-of-pocket maximums while annual and lifetime limits on essential health benefits are removed. These actions make insurance more affordable to individuals.

    1. Increases Insurance Accessibility

      Several potential health care updates could improve insurance accessibility for all Americans. These updates include:

      • Guaranteed issue regardless of pre-existing conditions.
      • Advanceable tax credit for low and middle class individuals and families.
      • Increase in tax credits for Americans between 50 and 64 years of age.
      • Financial support for certain Americans with high health care costs.
      • Reduction in the allowable tax deduction for medical expenses from 10 percent of income to 5.8 percent.
    1. Removes Individual Insurance Mandate

      Under Obamacare, every American must purchase insurance. The Updates on the Health Care Act remove this mandate. It also would repeal the Obamacare tax starting in 2017, allowing anyone who paid the tax to receive a refund.

    1. Removes Employee Mandate

      Many employers must provide insurance coverage for full-time employees. This mandate is removed with the Health Care Act updates. Employers could still cap health FSA contributions as they increase HSA contributions.

    1. Promotes Flexibility for State Medicaid Programs

      Each state boasts a unique population, and governors want flexibility in meeting their citizens’ needs. The Medicaid updates on the health care act establish a Patient and State Stability Fund that allows states to customize programs for their unique populations. It gives states power to:

      • Opt out of the per capita allotment baseline and choose a block grant from the federal government.
      • Create optional work requirements for healthy adults.
      • Reevaluate their need and preference every 10 years.
    1. Freezes Medicaid Expansion

      New states will not be allowed to opt into Obamacare’s Medicaid expansion, but beneficiaries who are enrolled before December, 31, 2019 may be grandfathered into the expansion. Enrollees will be removed from the program as their income and other circumstances change.

    1. Increases Reimbursement to Certain Medicaid Enrollees

      Elderly and disabled Medicaid enrollees will receive an annual raise based on inflation. This update ensures the most vulnerable Medicaid recipients receive the health care they need.

If you have an opinion on the AHCA or updates on the health care act, contact your U.S. representative or senator today. Your voice matters as you get the health care you want and deserve.

10 Steps to Keeping Employee Parking Lots Safe

By Your Employee Matters
Have you ever considered the safety of your parking lot? Criminal activity, inclement weather and fender benders are all events that can affect the safety of your valued employees. Several steps ensure you are keeping employee parking lots safe.

    1. Install Lighting

      A well-lit parking lot helps employees feel safe and decreases criminal activity since burglars or vandals can’t hide in the shadows. Install enough lights to illuminate your entire parking area, including corners and building entrances.

    1. Monitor the Lot

      Security cameras or security guards add a layer of protection to your employee parking lot. They deter criminal activity and notice any safety hazards.

    1. Mark the Lot

      Every parking space should be clearly marked, and you should mark arrows on the ground that direct traffic flow. This step helps drivers navigate the parking lot successfully, especially during rush hour.

    1. Provide Security Escorts

      There’s safety in numbers. If possible, assign security staff to walk employees to and from their cars every day or encourage employees to walk with a buddy or group.

    1. Perform Repairs

      As soon as you notice a blown light or see faded parking space markings, replace or repair the problem.

    1. Provide Safe Waiting Areas

      Employees should never have to wait alone in the parking lot. Provide safe place to wait in case someone locks their keys in their car, has to wait for a ride or otherwise can’t leave work immediately.

    1. Report Odd or Suspicious Activity

      Encourage your employees to join you in looking for and then reporting odd or suspicious behavior such as:

      • Unfamiliar people or anyone who looks like they don’t belong.
      • Someone wandering aimlessly through the lot.
      • People carrying large bags or concealing objects.
      • A person who peers into parked cars or tries to open the door handles.
      • Someone conducting business from a vehicle.
      • Anyone who sits in a parked vehicle for an extended time.
    1. Plan for Inclement Weather

      Ice, snow, slippery leaves and other inclement weather can pose a safety hazard as employees walk into work. Remove snow, spread ice melter and sweep away slippery leaves as you promote safety.

    1. Teach Self-Defense Tactics

      Empower your employees with basic self-defense training. They will feel confident in potentially dangerous situations at work and anywhere.

    1. Post Safety Signs

      Visual reminders help your employees remember and follow safe parking lot practices. These written rules can include reminders to:

      • Stay alert.
      • Pay attention to your surroundings.
      • Walk with another person when possible.
      • Have your key ready before you reach your car.
      • Lock your doors.
      • Don’t linger in the lot.

These 10 steps go a long way toward keeping employee parking lots safe. Consider implementing them as soon as possible.