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Update Your Insurance Policies if Your Move

By Personal Perspective

Anyone that has ever moved can attest that the process has a considerable impact on everything from transportation to and from work to how and where free time is spent. When considering a move, one change that’s often overlooked is insurance coverage. Often a move will affect whether or not various insurance coverage policies are still adequate.

Homeowners insurance is usually a concern when moving. For the average person, a home will be one of the largest investments they make in their lifetime. What was adequate for previous housing might not apply to the new home. The homeowner will need to assess the differences in their new home versus their previous location carefully to determine if a new policy or transferring previous coverage is best; for example, the new home might be in a flood area or other high-risk area or contain more property to cover. It’s always prudent to research the rates and coverage from several insurance companies.

Auto insurance is also usually impacted in moves further away or closer to employment. A move closer to employment or to a suburb might translate to a lesser risk. Safer driving conditions could mean lower rates. Conversely, a further distance equals a greater amount of driving time. And, this is an equation that insurers view as the driver being a greater risk. A drive that now involves a more congested roadway may also translate to a greater risk.

In any event, when an insurer views a driver as a greater risk, higher rates soon follow. In the event that rates are increased from a move, there are a few steps that can help return the premiums to the previous level or at least lower them. The driver might consider increasing the deductible, buying multiple policies through the same insurer for a discount, or installing anti-theft hardware on the vehicle to lower the overall cost of the insurance.

After attending to Homeowners insurance and Vehicle insurance, the next insurance that should be examined is Life insurance coverage. How moving affects Life insurance coverage might not be so obvious as Homeowners and Vehicle insurance. Those that are upgrading their home or purchasing a home with a much higher price tag will most likely no longer have adequate Life insurance. The coverage ideally should be adjusted to account for the increased monetary commitment of a higher mortgage and household expenses. Yes, this is an added cost, but necessary to prevent leaving loved ones unable to maintain the home.

Employer Responsible for Work from Home Accident?

By Risk Management Bulletin

In the recent case of In Re: the Compensation of Mary S. Sandberg, an Oregon court overruled the Workers Comp Board and held that a JC Penney decorator, who was allowed to work from home, was covered by her Workers Comp policy when she tripped over her dog unloading a van.

Because she could not safely store all of the items in the vehicle at one time, she stored the excess items in her home garage. Her employer instructed Sandberg not to store these excess products at the studio, but to keep them at her home or any other place where they would be safe and dry. Thus, she used her home garage to store samples that from time to time she would need to exchange with other samples and materials that she kept in her van.

On the Saturday before the date of injury, a sale collection had ended, with a new collection beginning the next day. Because of the fabric sale change, Sandberg needed to remove the “old” fabrics from her van and replace them with fabrics for the new sale that were being stored in her garage. She was walking out her back door toward the garage to change the fabrics when her foot came down and she “felt something move.” Noticing that her dog was underfoot, she shifted to her other foot, lost her balance, and fell, sustaining a right distal radius fracture.”

Sandberg also regularly performed some work tasks, such as preparing bids and other paperwork, in her home. The employer denied her claim for compensation for the injury, a decision approved by the administrative law judge (ALJ) affirmed the denial, as did the Workers Compensation board.

When Sandberg appealed this decision, the court ruled that:

“In order to be compensable under Oregon law, an injury must ‘aris[e] out of’ and occur ‘in the course of’ a claimant’s employment; ORS 656.005(7)(a). Because the board did not determine whether claimant’s injury occurred in the course of her employment, that issue is not before us. The only issue on review is whether claimant’s injury arose out of her employment. Thus, our focus is on whether claimant established a causal connection between her injury and her employment, that is, whether claimant’s injury resulted from a risk connected to either the nature of her work or her work environment. ….

“[O]nce it is established that the home premises are also the work premises * * *, it follows that the hazards of home premises encountered in connection with the performance of the work are also hazards of the employment. [Editors Note: such as a dog lying around.]

” * * * That the employee is a telecommuter or other home-based worker should not, in and of itself, make any difference. Was the risk of injury a risk of this employment? So long as the employment subjects the employee to the actual risk of injury, the argument follows that the injury should be compensable.

“Here, claimant was walking to her garage for the sole purpose of performing a work task. She fell while moving about an area in which she had to move about in order to perform the work task, given the conditions of her employment. Therefore, we conclude that claimant’s injury resulted from a risk of her work environment. As such, it arose out of her employment.”

The bottom line for employers: make sure that telecommuting employees have safe workplaces and proper insurance coverages. HR That Works Members should use the Home Based Worker Checklist.

Tips For Evaluating Your Business Risks

By Risk Management Bulletin

Businesses of all types and sizes face risks. Some risks are worth taking and increase your revenue, but other risks cause you to lose money. It’s important for you to spend time evaluating your business risks as you determine which ones are worthwhile to take.

Common Business Risks

You small business may face numerous risks, but they typically fall into seven categories.

Operational Risks

Operational risks are related to your company’s business functions. They can include a broad range of challenges, including fraud, IT risks and legal issues, and are usually caused by an inadequate or failed system, internal process or human.

Compliance Risks

Hundreds of federal, state and local laws and regulations affect your small business. Maintaining compliance may cost thousands of dollars annually, but you will face fines for non-compliance.

Fraud and Theft Risks

Any type of embezzlement, dishonest financial reporting, unethical or illegal acts, or theft by employees or customers harms your business.

Credit Risks

Taking out a loan to start or maintain your company or extending credit to a customer are two examples of small business credit risks.

IT Risks

Data breaches, loss of data and cyber attacks affect your ability to do business. These risks also open the door to lawsuits.

Medical Risks

Accidents, injuries, illnesses and environmental factors can affect the health and well-being of your employees and customers.

Reputational Risks

Slow customer service or a bad online review can damage your reputation, in some cases beyond repair.

How to Evaluate Your Risks

After identifying business risks, take three steps to evaluate if the risk is worth taking or one you should avoid.

Determine the rank of each risk.

Risks can affect each business differently. Assign each risk a rank of low, medium or high so that you can address the most serious risks first and protect your business.

Assign a financial loss figure to each risk.

Know how much a risk will cost and then decide if it’s financially worth it. As an example, decide how much money an expansion will bring in versus how much it will cost for the expansion loan, including fees and interest.

Create a plan to handle risks effectively.

When you know which risks your business faces, you can decide how to handle each one effectively. You can hire an IT specialist to monitor cyber risks, assign someone to the role of safety manager as you maintain OSHA compliance or require upfront payments that reduce your credit risk.

Evaluating your business risks is an important part of your company’s success. Discuss your risk management with your business mentor, attorney, financial planner and insurance agent.

Protecting You and Your Employees from Corrosive Material

By Risk Management Bulletin

Corrosives are solid or liquid substances that exact extreme caution when handling. They are usually either an acid, such as nitric acid, sulfuric acid, chromic acid, hydrochloric acid, hydrofluoric acid, or acetic acid, or a base, such as ammonium hydroxide, sodium hydroxide, or potassium hydroxide. Anyone that has ever seen the effects that corrosives have on metal or other strong materials can easily imagine the damage that a corrosive would do to the delicate human skin. Adding to the danger is the fact that corrosives act upon contact, meaning that damage begins the moment that the corrosive or its vapors come into contact with the eyes, mouth, skin, digestive tract, or respiratory tract.

Injuries from coming into contact with corrosive materials might be extensive and, in some cases, irreversible. Keep in mind that the stronger the concentrate of the corrosive material is, the more damage it has the potential of doing. Some of the most common injuries that result from unprotected contact with corrosives are burns to the eyes and skin. The end result might be blindness or severe scarring of the skin tissues. When the vapors from corrosive materials are inhaled, they might cause burning to the respiratory tract, pulmonary edema (the buildup of fluid around the lungs), or even death. Although less common, if ingested, the corrosive might cause extensive burning or perforation in the mouth, esophagus, and stomach.

Aside from the danger of corrosives coming into direct contact with the body, some are combustible or flammable. These substances can very easily explode or catch on fire if not properly stored and handled. One more danger comes from some corrosives being incompatible with other chemicals. When incompatible chemicals are mixed or accidentally come into contact with one another, the result can be a dangerous, sometimes deadly, chemical reaction. Again, the dangers of corrosive materials demand that they be treated with care, respect, and caution.

Any worker that handles any corrosive material should always protect themselves:

  • Make sure that corrosives are stored in a safe area. This not only means away from other incompatible substances, but, sometimes even away from other corrosives.
  • The storage area should be secured, cool, and dry.
  • If it’s necessary to transfer corrosive materials between containers, then make sure that the transfer is done with extreme caution and that the appropriate safety steps have been taken.
  • There should be appropriate ventilation anytime a corrosive material is accessed.
  • If it’s necessary to mix corrosive materials with water, then be attentive to avoid overfilling and spillage. It’s always best to add water in minute amounts.
  • Never reuse any container that previously contained a corrosive material.
  • Remember to follow the proper protocol when disposing of unused corrosive materials; these shouldn’t just be poured down a drain.
  • Remember to don appropriate personal protective equipment as per protocol. This might include chemical rubber gloves, apron, goggles, face mask, and/or respiratory equipment.
  • In the event an accident does occur, immediately seek first aid for the injured. The area should be closed off to prevent subsequent injuries and the appropriate chain of command should be notified.

Remember, it’s too late to be cautious once an accident occurs. It only takes one mistake to produce a costly, painful, disfiguring, and potentially deadly injury.

Risks Performers Face As They Entertain

By Risk Management Bulletin

Performers such as magicians, singers, dancers and mascots entertain and help people have fun. While satisfying, this career includes a variety of risks. As a performer, you must know the risks you face and the appropriate safety measures as well as insurance options that protect you, your audience and your business.

Performer Risks and Safety Measures

Performers face a variety of risks every time they perform.

Body Strain – Back, leg or vocal strain are common injuries reported by performers. The frequency of performances can cause new injuries or aggravate old ones.

When performing, stand on cushioned surfaces, avoid quick turns and adjust your routine to reduce injury. Rest between shows, too.

Electric Shock or Electrocution – Exposed wires, faulty plugs or wet electronic devices can cause electric shock or electrocution during rehearsals or performances.

Inspect all microphones, amplifiers and other equipment carefully and often. Store liquid away from your electric equipment at all times, too.

Falling Objects – Props, scaffolding, backdrops, tables and other objects used for performing can fall and injure a performer or the audience.

Secure everything properly on stage. Test all props before your performance to ensure they’re in proper working order.

Falling Off Equipment – Whether you ride a unicycle, walk up and down stairs or dance, you face the danger of falling off your equipment.

Be aware of your surroundings at all times. When performing on a new stage, practice first and make adjustments to your routine, particularly if the stage is smaller than your normal performance area.

Overheating  – Performing under hot lights or in a costume can cause overheating. You may feel faint, get sick or suffer heat stroke.

Stay hydrated before, during and after the show. When possible, wear your costume only as long as necessary. If the venue is improperly ventilated or not air conditioned, place fans around the stage so you stay cool.

Tripping or Falling – Microphone wires, loose cords, performance props, costumes and other objects pose tripping or falling risks.

Keep your performance area and all walkways neat and tidy when you pick up wands, juggling balls and other objects immediately. Secure cables and cords to the floor, and store boxes or bags neatly off stage, too.

Protect Yourself with Performer Insurance

Although you take safety precautions to prevent common performer risks, accidents happen. Purchase performer insurance. It’s a commercial general liability policy that pays for injuries, damages and legal liabilities you may face as you perform. With it, you protect yourself, your audience and your business. You can then focus on entertaining audiences and having fun.

Incident Investigations

By Workplace Safety

Employers should always make it a top priority to provide workers with a safe working environment. That said, accidents can still happen, even when employers strictly enforce safety practices and employees strictly adhere to them. Incidents happen due to a breakdown, departure, or failure in the acceptable method of performance. When an accident does occur, the incident investigation report will serve in several important objectives. So, it’s vital that a timely and thorough incident investigation takes place.

The Purpose of Incident Investigation. 

The main purpose of an incident investigation is for the employer to learn why the breakdown happened and determine procedures that could be put into place to prevent it from reoccurring. The employer should gather and examine the data they collect to figure out where and why the departure from acceptable behavior happened. Employers can learn from errors and increase future productivity from knowing if there was any indication of the breakdown prior to it occurring, or if there was any possible point that the breakdown could have been interrupted and stopped.

Legal liability is another purpose of investigating the incident. During the investigation, the employer will gather information that could be paramount in mounting a possible defense against any resulting lawsuit(s). The defense team in such lawsuits will build their strategy based on the what, when, who, where, why, and how of the incident, data that’s often revealed during the incident investigation.

How Should the Investigative Process Take Place?

The investigative process will begin as the scene of the incident is reviewed and examined. This can provide an exact reason, or possible scenarios, as to why the incident happened. Pictures should be taken of the incident scene. The pictures can later be compared to blueprints, diagrams, or drawings of the area to help determine what chain of events led up to the incident occurring.

Now, it’s time to question all witnesses that might have information leading up to, during, or just after the incident. You can use forms created by regulatory agencies or internally created forms to guide the questioning process.

Either way, using the completion of the form as a format for the questions asked will help to maintain objective questioning of witnesses, no matter who is asking or being asked the questions. It’s human nature for most people to immediately form assumptions and theories following the incident. Keep in mind that this type of non-factual information is useless and adds nothing to the validity of the investigation.

All the gathered information will be carefully analyzed by the investigator to determine what elements are explainable and what elements still need an explanation. The chronology of the chain of events will be explored. Then, the actions of those involved are examined alongside concurrently occurring actions to see if any of the concurrently occurring actions had any bearing on the incident.

Following the analysis, the investigator will make a written report that contains a description of the incident, the circumstances and elements that led to the incident occurring, why the incident occurred, and any recommendations to prevent it from reoccurring. The report should accompany the physical documentation collected by the investigator.

Although an incident investigation is initially about investigating, it makes little sense to know the what, how, and such of the incident if nothing is done to prevent it from reoccurring. So, the last stage of the incident investigation is about implementing the recommended changes suggested in the final report. For optimal success during the implementation stage, the employer should assign a task force to ensure that the recommendations are put into place, supported from the top down, and are subsequently followed by everyone.

Workers’ Compensation for Martial Arts Instructors

By Workplace Safety

Teaching martial arts is a way for you to share your skills with students of all ages as you equip them to protect themselves. Whether you own your own martial arts school or teach martial arts as an independent contractor, understand Workers’ Compensation for martial arts instructors. It protects you and your assets.

What is Workers’ Compensation for Martial Arts Instructors?

You emphasize safety in all your martial art classes. However, accidents can happen at any time. You or one of your employees could be injured while sparring with an advanced student or receive a concussion from the blow of an inexperienced first-year student. An environmental or other condition in the studio could make you or your employees ill as you work, too. Workers’ Compensation protects you and your business.

A Workers’ Compensation insurance policy pays medical expenses, lost wages, vocational rehab and death benefits to employees who are injured or become ill because of work. It helps your employees get better and return to work as soon as possible.

It also protects your assets. You are responsible for the costs associated with treating an injury or illness that occurs on the job. These expenses can be high, causing you to lose your business or personal assets as you pay off the debt or cover related legal expenses.

Why Martial Arts Instructors Need Workers’ Compensation

In most cases, you must purchase Workers’ Compensation. Many states require this coverage.

Workers’ Compensation is also important for business owners. You will probably need to show it to your landlord when you lease your studio.

You will also want Workers’ Compensation if you teach martial arts as a self-employed independent contractor. Many martial art school owners will ask to see a copy of your policy before they hire you to teach.

Which Martial Art Instructors can Purchase Workers’ Compensation

All martial art instructors should purchase Workers’ Compensation. It protects you whether you use your skills to teach traditional martial arts classes, self defense classes or law enforcement or tactical defense classes.

Martial art instructor Workers’ Compensation does not cover military trainers, tournaments or competitions, athletic trainers or boxers.

For more details on which martial art instructors can purchase Workers’ Compensation, talk with your insurance agent. Discuss the types of classes you teach, how often you teach and where you teach as you determine how much Workers’ Compensation coverage you need.

How to Purchase Workers’ Compensation

Your insurance agent can help you purchase Workers’ Compensation for martial art instructors. He or she will also provide details about your coverage.

Workers’ Compensation for martial art instructors is an important part of your business. Be sure you have adequate insurance coverage before you teach your next class.

Cell Phone Safety Policies

By Workplace Safety

Employers with mobile employees should make sure that they are taking a proactive approach to ensuring that these employees are using their cell phones in a safe manner and not putting themselves and bystanders at risk of injury. Any employer with mobile employees should have a cell phone safety policy in place that clearly defines if and how cell phone usage is allowed while driving and what the repercussions for breaking the policy are. To help ensure that the cell phone safety policy is enforceable, reasonably fair, and realistic, employers might seek the input of their mobile employees and management team when creating the policy. Here are seven policy options to consider:

Safety Training For Drivers. 

Of course, you should ensure that all drivers of company vehicles have a valid driver’s license. Your policy should also definitely require that any mobile employee using a company vehicle complete a driver safety and defensive driving course before being handed the keys to a company vehicle. These safety courses often include demonstrations related to driver distraction from cell phone usage. This can be a real eye-opener for drivers that might have never seen the devastation caused by vehicle crashes firsthand.

Post Warnings in All Company Vehicles. 

A concise notice should be posted in all company vehicles. The notice should clearly state that cell phones shouldn’t be used while driving and that if the phone call is an emergency, then the operator should let a passenger make the call or pull over before using the cell phone.

Hands-Free Device Option. 

If feasible, your policy might be that mobile employees can only use hands-free devices when driving. While providing your mobile employees with a hands-free device isn’t going to ensure that the worker isn’t distracted by a phone conversation, hands-free devices have been shown to reduce distraction.

Answering Services or Call Forwarding Options. 

It might be hard for mobile workers and those trying to contact them to adjust to an answering service or call forwarding option, especially if workers have previously been allowed to make calls or answer their phone while driving, but the convenience of immediately answering or making a phone call during driving activities simply isn’t worth the risk and liability. After the mobile worker arrives at their destination, then they can check their messages and make appropriate return phone calls.

Turn the Cell Phone Off. 

Your cell phone safety policy could include the mobile employee shutting the cell phone off while he/she is driving the company vehicle. The employee can turn their cell phone on to make needed calls or check their answering or call waiting service once they’ve arrived at their destination. If turning the cell phone off is part of your cell phone safety policy as a method to reduce driver distraction, then the policy should also include any passengers turning their cell phones off as well.

Let Employees Take Responsibility. 

Most employees aren’t going to adhere to a policy that’s all talk and no action. The cell phone safety policy might also include making employees take responsibility for any fines or additional vehicle operation costs incurred from traffic violations related to illegal cell phone usage. The policy might also state a more harsh disciplinary measure for workers that acquire a certain amount of traffic violations.

Banning Cell Phones from Company Vehicles. 

Before making a total cell phone ban part of a cell phone safety policy, employers should understand that this could leave the employee unable to contact emergency services in the event of an accident or emergency. So, completely banning the use of company or personal cell phones during driving should only be considered after careful thought and as a last resort. It might be necessary if mobile employees continually ignore the above policy options or have repetitive cell phone traffic infractions.

Workers’ Compensation for Water Sport Businesses

By Workplace Safety

Owning a water sport business can be fun and a good investment, but you need to hire employees to help the business run smoothly. Be sure you purchase adequate Workers’ Compensation to cover your employees and protect your assets.

Covered Water Sport Businesses

Your water sports business could encompass dozens of activities in, on or near water. Whether you offer one or several sports, you will need Workers’ Compensation for your business. Example of water sports offerings include:

  • Fishing
  • Boating, Sailing, Yachting
  • Kayaking, Tubing, Canoeing
  • White Water Rafting
  • Jet or Water Skiing
  • Parasailing
  • Kneeboarding, Skimboarding
  • Kitesurfing, Kiteboarding
  • Hoverboarding, Flyboarding, Wakeboarding
  • Paddleboarding, Paddle Surfing
  • Snorkeling or Scuba Diving
  • Swimming and Diving
  • Polo
  • Surfing

What is Workers’ Compensation?

Many states require business owners to purchase Workers’ Compensation for employees, including seasonal and temporary workers. It pays certain expenses employees incur if they are injured or suffer an illness while performing work-related tasks.

Workers’ Compensation benefits can pay for:

  • Medical care
  • Lost wages
  • Death benefits
  • Vocational rehabilitation

Every Workers’ Compensation insurance policy has two parts.

Part One or Coverage A addresses your statutory liability, meaning the coverage your state requires you to carry. It includes no coverage limits and will pay all claims regardless of any benefit changes your state makes.

Part Two addresses employer liability for any employees that are exempt from Worker’s Compensation coverage. These employees could include independent contractors like boat owners or dive instructors who do not purchase their own Worker’s Compensation policy. Part Two can also cover legal expenses from third-party lawsuits.

Why you Need Workers’ Compensation for Your Water Sport Business

Whether your business operates year-round or seasonally, you value your employees and want to protect them from injuries or illnesses. However, accidents happen. You will want to provide financial resources that help your employees navigate their recovery and return to full health and work as quickly as possible.

Adequate Workers’ Compensation protects your business, too. It can protect your assets if you are sued by an employee, and it can pay legal expenses related to any lawsuits. Workers’ Compensation coverage also protects you from fines levied by your state if you don’t purchase adequate coverage.

Contact Your Insurance Agent

For more information on Workers’ Compensation for your specific water sport businesses, contact your insurance agent. He or she will assist you in understanding and complying with your state’s Workers’ Compensation laws. Your agent will also help you purchase the policy that’s right for your business and needs.

With the right Workers’ Compensation policy, you receive peace of mind. It protects your employees and your assets as you help your customers have fun while playing on the water.

No Drugs. No Alcohol. No Exceptions.

By Your Employee Matters

Everyone is well aware that drinking and driving is a dangerous combination, but we also need to recognize that drinking and/or using drugs in the workplace is equally hazardous. Impaired workers might not be able to concentrate on the task at hand. Depending on your job function, an error could cause injury or even death to yourself or a co-worker.

All employees need to share the responsibility of workplace safety. If you know that a co-worker is impaired on the job, then you must report his or her condition to a supervisor immediately. If you choose to close your eyes to the situation, you could be putting yourself or others at risk of an accident or injury.

Your supervisor will be able to assist the employee in finding a company-sponsored or community-based treatment plan. The critical thing to remember is that the workplace is no place for drugs and alcohol.

Key Points to Consider:

  • Difficulty in job performance can be caused by unrecognized personal problems, including addiction to alcohol or other drugs.
  • Help is always available to any employee who is struggling with substance abuse.
  • It is an employee’s responsibility to decide whether or not to seek help.
  • Addiction is both treatable and reversible.
  • An employee’s decision to seek help is private and will not be made public.

If your company offers an Employee Assistance Plan (EAP) and you or a co-worker seeks help through the plan, you can be assured that:

  • Conversations with an EAP professional — or other referral agent — are private and will be protected.
  • All information related to performance issues will be maintained in his/her personnel file, but data relating to treatment referrals will be kept separately.
  • Information about treatment for mental illness or addiction is not a matter of public record and cannot be shared without a release signed by the employee.
  • If an employee chooses to tell co-workers about his/her private concerns, that is his/her decision.
  • When an employee tells his/her supervisor something in confidence, supervisors are required to protect that disclosure.