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IMPORTANT RESPONSE TIPS AFTER AN ACCIDENT

By Personal Perspective

Very few people are prepared to face a traffic accident; however, many people will be involved in one at some point during their lives. While some are minor, others are severe and require appropriate action. Even the most careful drivers may experience an accident due to the poor driving skills of others. The best way to be prepared is to know how to respond at the scene. People who know what to do can save lives. In addition to this, preparedness makes the claims process simpler.

If an accident happens, take the following steps:

  • Stop the car immediately, and check to see if anyone involved is injured. Do not move any injured individuals.
  • Call the highway patrol or police immediately. Be sure to tell them how many people are involved, how many people are hurt and what types of injuries have been noted. The police will then notify an emergency response team.
  • Find a blanket, sweater or anything available to cover injured people with. It is very important to try to keep them warm.
  • Set up flares or other bright objects around the scene of the accident. This is especially important at night, and the objects will help other motorists steer clear of the scene.
  • When an involved vehicle is parked in the middle of the road, pull it to the shoulder. If possible, it is important to avoid congesting the road.
  • Ask the responding law enforcement officer where to obtain a police report copy. As a rule, it is beneficial to have one before submitting an insurance claim.
  • If necessary, call a towing company to pick up the damaged vehicle. Avoid giving permission for repair work. The insurance adjuster will need to see the vehicle and assess it prior to the repair process.

When the accident occurs, it is important to obtain some information from the other drivers and passengers involved in the accident. If they are upset, try to calm them down. Write down the following bits of information:

  • Names and addresses of every driver or passenger involved.
  • Names and addresses of all witnesses at the scene.
  • The make and model of every car involved.
  • Insurance identification information for each party.
  • License plate numbers of each car involved.
  • Drivers license numbers of each individual.

Not all other parties may be willing to cooperate. If they do not have insurance, they might try to offer a settlement at the scene of the accident. They might also prefer not to involve the police or highway patrol. Since there are many things that could go wrong in such a scenario, always notify law enforcement immediately. Be sure to write down the law enforcement officer’s badge number and name. If any emergency personnel are involved, write down their names. After an accident, always contact a personal insurance agent.

In some cases, people hit an unattended vehicle. It might be impossible to find the owner or wait for that individual to return. In such a case, the person who hit the vehicle should leave a note with their name, address and phone number. Write down the details of the accident, and call an insurance agent immediately.

WHEN GOOD EMPLOYEES GO BAD: WHY YOU NEED EMPLOYEE DISHONESTY INSURANCE

By Business Protection Bulletin

An employee in a high school’s finance department steals $279,000 to support her gambling habit and cover her mortgage payments. A bank employee in Pennsylvania allegedly embezzles $750,000. The former CEO of a Colorado insurance brokerage pleads guilty to stealing $353,400 from the brokerage’s employee benefits plan. The office manager of a Texas law firm gets four years in prison for forging checks and depositing client payments in her personal bank account.

When people become desperate, they may succumb to temptation and turn to crime. The FBI reported that one in 28.2 employees was caught stealing from an employer in 2007, and that was before the worst of the recent economic downturn. Vendors’ employees and other visitors to an organization’s premises may also have the opportunity to steal computer equipment or network passwords.

Most business property insurance policies cover losses resulting from some types of crime. For example, they will cover the cost of cleaning up graffiti that vandals spray paint on an exterior wall or the value of merchandise burglars steal, plus the cost of repairing the damage they did breaking into the store. However, insurance companies did not design these policies to cover money stolen from a cash register or deposits never made to a bank; in fact, the policies almost never cover employee crime. For this reason, every organization should consider buying crime insurance.

Employee dishonesty insurance, often called fidelity coverage, pays for losses due to employee theft of money, securities, and other property. It covers property the organization owns or leases, property of others in the organization’s custody, and property for which the organization has legal liability. Insurance companies can provide one amount of insurance that applies separately to each loss, regardless of how many employees were involved in the theft and regardless of whether the employer can actually identify the responsible employees. Alternatively, the policy can contain a list (known as a schedule) of either employee names or positions with a separate amount of insurance listed next to each one. The policy can cover permanent, temporary and leased employees for up to 30 days or more after they terminate employment. Some companies will extend coverage to certain non-employees who may have the opportunity to commit theft, such as equipment support technicians, consultants, and vendors.

Many policies include a “prior dishonesty” clause. This immediately cancels coverage for an individual employee if the organization discovers that the employee has committed a dishonest act, including acts other than theft and acts he committed prior to his current employment. Even relatively minor dishonest acts will eliminate coverage for that employee. Some insurance companies will amend the policy to cover certain individuals on a case-by-case basis, so the employer should work with the insurance agent and company to arrange coverage.

Insurance companies offer this coverage either as a separate policy or as part of a package policy. If it comes as part of a package, the employer should carefully review the policy to determine whether the amount of insurance provided is adequate. Package policies often come with certain insurance limits built in, and they may or may not be enough for a given situation. For example, a package policy that automatically provides $100,000 coverage may be fine for the smallest of businesses, but it would have been way too small to cover the losses described at the beginning of this article.

Employees can either make a business successful or drag it down. No organization wants to believe that its workers would steal from it, but unfortunately some of them will. To make sure that they have adequate protection, all employers should work with a professional insurance agent and purchase employee dishonesty coverage. With the right insurance, the organization and its trustworthy employees will survive a large loss caused by the untrustworthy few.

WORKERS COMPENSATION EXPERIENCE RATING

By Business Protection Bulletin

How does safety pay dividends to the business owner?

Time and resources spent on developing a culture of safety repays the business in the long run. Safety cultures rely on reducing the number of workers compensation claims, in return, the odds of a disastrous claim are reduced.

Business owners with Workers Compensation experience modifications above 1.25 need to review their safety policies with professionals. It is possible one year or even one claim causes this situation; but it should not be ignored. Discover and repair the root cause.

A 1.01 to 1.25 modification indicates worse than average experience. State rates can be less than adequate for a short period of time. The actuarial or mathematical calculations just incorrectly reflect the average expected claims. Slightly elevated modifications may be caused by these issues; however, review your losses by department in these cases and see if a problem area exists.

For slightly elevated modifications, review the safety program and types of losses. Seek out a professional risk manager for help if needed. Look for patterns in the losses, and consider changes in safety equipment or procedures to reduce problem issues.

Proactively nurturing a safety culture will pay long-term dividends. Experience modifications will decrease with positive results. How?

Each state calculates Workers Compensation experience modifications independently. Many states do utilize the services of the National Council on Compensation Insurance (NCCI) to gather data and promulgate base rates and experience modifications; but each state regulates its own Workers Compensation system.

Workers Compensation experience rating predicts future behavior by analyzing past performance. It is a consequence of loss control performance, neither a reward for no losses nor a punishment for too many claims.

The generic formula for experience modifications follows some rules:

Just as payrolls are the basis for the standard premium, they form the basis for expected claims. Payroll is multiplied by an average claim factor to produce total expected claims. A discount factor is then applied to predict the potential severity of the claims. The product of this equation is expected losses. Actual medical only (MO) claims combine and report as a number of claims/total amount. Some states designate the MO claims as primary (maximum average) and excess, and then apply a discount rate to one or both of these amounts. Most states set a limit on the value of any one claim, and then discount large claims on a sliding scale. This historical claim experience is divided by expected losses. That quotient is the experience modification.

The insurance industry spends millions of dollars to find ways to predict the future. Loss analysts discovered one important fact: the best predictor of future claims is the frequency with which companies suffer losses in the past.

Frequency reflects the number of claims per employee, usually expressed as claims per payroll unit ($100), claims per year, or claims per time unit. Frequency, however, more importantly, reflects the safety culture of the business.

If the frequency of claims is predictable, how about the severity of an individual loss? No, severity, the magnitude of the loss, is not predictable. With greater frequency, however, come greater odds that a severe claim will occur.

Experience modifications indicate the status of the safety culture within a business. Good management listens to risk management and loss control experts who ultimately reduce Workers Compensation costs.

UMBRELLA LIABILITY COVERAGE: WHAT LIMIT SAVES MY ASSETS?

By Business Protection Bulletin

Insurance funds losses; it transfers risk from your company to the insurance company for a fee – premium. Deductibles are used to reduce the number of claims by having the business pay small amounts and only reporting larger issues. The order in which claims are funded is: Deductible, liability limits, and then company assets — and sometimes personal assets. Your company needs high liability limits to protect company assets.

Claims exceeding $1 million in liability are infrequent, but not rare. Umbrella insurance covers above all other liability insurance in one million dollar layers. High liability limits become affordable this way. Business nightmares, such as the $3 million cup of coffee, the truck catching fire under a railroad bridge, or your vehicle colliding with a school bus, unfortunately do occur. A million or two is not sufficient coverage for most operations.

Asbestos and tobacco companies produced legal products for years before lawsuits started as the result of long-term exposure, and these very successful companies were brought to the brink of extinction. These companies kept tens of millions in umbrella layers. How much is enough?

Commercial Liability insurance covers injuries to other people and damage to their property caused by your company, your employees, or you. The cause of loss might be vehicle, products, premises, operations, liable, slander, poor advice, or even aviation related. The amount of liability and types of insurance depends on your company’s exposure to risks. Most companies face fleet risks, premises-operations risks, and employee injury risks; some add professional liability risks, aviation risks, common carrier and garage liability risks.

Insurance companies recognize these typical risk scenarios and respond by offering Business Automobile, Truckers, Garage, General, Aviation and Professional Liability policies.

Purchasing sufficient liability limits for disastrous claims is costly when purchased one liability risk at a time. In fact, most companies simply could not afford purchasing insurance this way. Insurance companies offer Umbrella coverage to serve this need. The company proscribes underlying, or first dollar coverage limits, over which umbrellas pay claims settling for more, or in excess, of these policies. Since these claims are infrequent, premiums are affordable; and each added million dollar layer decreases in cost.

In addition, most umbrella forms add liability coverage by insuring more risks than the underlying policies. A relatively modest – $1,000 to $10,000 – deductible is required, but then the umbrella limits cover unscheduled liabilities. So, with an Umbrella policy, the order in which claims are paid is: deductible or underlying liability limits, umbrella limits, and then company assets.

How much is enough combined liability limit? How well can you predict the future of litigation? Products, operations, and vehicle claims in excess of $3 million are not rare. The cost effective answer depends on the amount of assets you’re protecting, the cost of the coverage, company profit from which to expense the premium, your risk tolerance, and the availability of Umbrella coverage.

Three more factors are worth considering: Products claims might take years to discover. Claim inflation requires high limits at the time the claim is paid. Large liability claims take time to settle. Claim inflation is rampant. Even though an event occurs today, you may be settling at the going rate three years from now. Million dollar claims were rare 20 years ago; not so much now. Courts have been chipping away at the corporate liability shield for smaller businesses. Personal assets might be at risk. Now consider how far that erosion of corporate protection might progress by the time you get your day in court.

Umbrella liability limits should be high enough that business assets are not at risk. Business survivability is at risk with a too low limit. Your current limits can be assessed and reviewed by your broker and/or attorney for adequacy.

SOLIDIFY CONSTRUCTION SAFETY BEST PRACTICES

By Construction Insurance Bulletin

Nearly all areas on a construction job site are dangerous. To help keep workers as safe as possible on these work sites, the National Institute for Occupational Safety & Health and the Occupational Safety and Health Administration have developed several guidelines. Every construction company must show diligence in enacting best practices for construction safety and follow regulations. The following paragraphs detail some of the most important issues and their guidelines.

Safety Meetings
A safer workplace is likely to come from workers interested in understanding the safety rules and abiding by them. To build the value of safety in workers’ minds, companies need to discuss their individual safety policies, federal laws and state laws. By discussing them instead of simply reading them, it is easier for companies to help workers absorb the information. Discussions also help workers understand why each law, rule and procedure is in place. Another way to help employees better understand these concepts is to hold an interactive safety meeting with all workers before starting a specific project. During this meeting, encourage them to ask questions that will enhance their understanding of each safety rule.

Ladders
Although ladders are found on most job sites, the safety issues surrounding them are often ignored. When selecting a product, it is best to buy one constructed from material that is suitable for the intended job. If possible, choose aluminum. This substance boasts considerable strength, and it is light enough to carry easily. However, aluminum conducts electricity, so it is best to use a fiberglass ladder for jobs that involve working with electrical wires. It is also essential to purchase a ladder that is rated to hold the amount of weight it will be supporting. This rating is posted on the ladder itself. To make an extension ladder as safe as possible, angle it by pulling it back one foot for every four feet of height.

Scaffolding
This large piece of equipment is found on many job sites today. If it is not handled properly, scaffolding is one of the biggest reasons for safety problems. OSHA released several guidelines that workers and supervisors should follow to make the work environment safer whenever scaffolding is used. The wooden planks must be in place at all times, and the scaffolding should always be at least 10 feet from power lines. Guardrails and toe boards must be secured in place at all times. OSHA also released regulations stating that qualified engineers must examine scaffolding before its initial use. It must also be checked on a regular basis after the initial inspection. The company safety officer should be in charge of developing a schedule for these required inspections. It is essential to review the entire set of OSHA regulations regarding scaffolding to ensure that all legal obligations and safety requirements are met.

BENEFITS OF REQUIRING ADDITIONAL INSURED COVERAGE OF SUBCONTRACTORS

By Construction Insurance Bulletin

There are several ways for contractors and subcontractors to allocate the risks of damage on job sites to subcontractors. Constructing a contract that requires subcontractors obtain insurance is one of the best risk management strategies. The subcontractor’s coverage should also include the contractor or higher subcontractor as an insured party. With this option, contractors have the same rights as policy holders under Commercial General Liability policies. Both the hiring contractor and the party purchasing the policy have the same rights and coverage provisions. By requiring this coverage for subcontractors, general contractors are able to prevent paying for the expensive legal fees arising from damages on a job site.

When a subcontractor’s employee is injured on the job, the subcontractor usually tries to sue the higher tier subcontractor or general contractor to cover damages. The hiring party then faces the expenses of court costs, legal fees, damages and lost salary for the injured worker. However, a hiring party that requires all subcontracted parties to have CGL insurance naming them as additional insured parties has protection from such financial burdens. In some cases, the CGL policy is primary to any others. This means that CGL policies naming the hiring contractor as an additional insured party must be the first to pay legal fees and damages.

With these policies, there are no requirements for subcontractors to ask for indemnification for loss claims as a condition for the hiring party’s coverage. There is also no need for determining the faults of each party involved. Having a subcontract that requires subcontractors to provide adequate insurance is enough. The simple requirement of the policy to pay for legal fees is one of the most advantageous aspects of this coverage. Another advantage is that the scope of coverage is broad. Insurance companies must pay for attorneys’ fees whenever there are allegations of a complaint. Although the insurance company may not be required to pay all damages claimed by an injured worker, they have a strong duty of defense.

WHY EVERY CONTRACTOR SHOULD HAVE E&O INSURANCE

By Construction Insurance Bulletin

Most contractors carry General Liability insurance policies. However, very few understand the need for additional comprehensive Errors and Omissions coverage. To protect themselves from the costly results of unintentional work errors, contractors must have E&O insurance. There are several important issues to consider about this type of coverage.

Contractors are prone to errors and omissions claims. The business risks they face on a daily basis can include unintentional damage to the insured party, impairment of property, damage to products or a wide variety of other damages. Since most courts are quick to rule against contractors in these types of claims, they are much more vulnerable to trouble. Although many individuals view this coverage as unnecessary, it is important to remember that a simple Liability policy does not offer coverage for damages due to errors and omissions. This means that contractors are financially responsible for the costs resulting from client claims. Keep in mind that only E&O coverage offers protection to contractors who face these issues.

Always choose insurance companies that have experience with contractors. It is important to work only with companies that have a solid history of E&O practices specifically with contractors. Policies designed for contractors have special clauses and inclusions that are not found in other E&O policies. The best practice is to avoid relying on coverage titles, and carefully review the document’s provisions. Although every contractor benefits from this special coverage, it is especially important for those who work on design build projects or in construction management. A contractor’s E&O document is written as a claims-made form, which means that it covers omissions and errors occurring during the policy’s period. Incidents occurring prior to the enactment of the policy are not covered.

Carefully read the fine print of the policy. E&O insurance for contractors often has stipulations limiting the coverage capacity named in the policy. This emphasizes the importance of purchasing a policy that is designed to specifically describe the various types of coverage provided. Keep in mind that coverage does not include damages caused by subcontractors. For this reason, general contractors should always hire subcontractors with steady records of quality work. Paying the price for substandard work performed by others is always costly. In addition to being fully aware of what policies provide, contractors must specify their desired coverage. It is important to remember that not all E&O policies offer coverage for legal expenses.

Although all contractors makes mistakes, only those who properly protect themselves are able to recover. Susceptibility to legal action and the high risk of claims are two issues every contractor should keep in mind. Litigation can be costly, so having a solid E&O policy provides security.

INDUSTRIAL INJURY: FALLING ON THE JOB

By Workplace Safety

Is slipping, tripping, and/or falling on the job a serious problem? According to the Bureau of Labor Statistics (BLS), in 2009, employment related falls accounted for 212,760 injuries including 605 deaths. So, yes, falls are a serious problem.

At a Workers Compensation and medical cost of $70 billion annually, the financial impact is a concern to business people across the United States. Falls can occur anywhere:

  • Slips on spills in a restaurant kitchen
  • Steelworkers on skyscrapers
  • Tripping over an area rug in a conference room
  • Changing a light bulb on a step ladder
  • Carrying a load so vision is blocked
  • Poorly maintained staircases
  • Icy or heaved sidewalks and parking lots

The National Institute for Occupational Safety and Health (NIOSH) researches causation and risk avoidance. Common sense goes a long way toward avoiding dangerous conditions, but more subtle hazards can be avoided through education and training.

Insurance carriers and their loss control professionals distribute much of this information simply by asking. One area of study concerns falls from elevated working platforms. For example, roofers shingling a house need to wear a harness and to tie off to a stable anchor. If footing is compromised, the leash will prevent a worse fall. Pole climbers and bucket truck operations require the same safety measure.

NIOSH researches the elevated platform fall in a virtual reality laboratory. Trades people go through their routines in virtual reality so scientists can observe the human behaviors leading to a fall. When causation is confirmed, safety measures are revisited and improved. The study may determine a front or back connection for the harness to create ease of work or better balance conditions.

Human factors laboratory studies ergonomics and other human stress factors. Posture, temperature, even industrial psychology is examined for potential safety improvement.

NIOSH studies ladder technology to better stabilize, operate, and climb safely. But, construction and utility work are not the only industries where falls are an issue. In 2008, falls were the third leading cause of death in manufacturing.

The movie image of prat-falling stuntmen is iconic. These professionals take precautions to safely perform their tricks. Workplace safety, especially avoiding slips, trips, and fall hazards, however, is serious business.

The next time you walk through your business, look for potential slip, trip, and fall hazards. Are the floors dry? Is the floor space too crowded? Are hallways kept clear of storage boxes? Is the carpet laid correctly and stretched to the walls? Is it safe to walk around your jobsite or business premise?

And do ask our insurance loss representatives for ideas, or educational and training tools.

HOW TO MINIMIZE EMPLOYEE JOB STRESS

By Workplace Safety

Stress in the workplace can pose a significant threat to the health of a company’s employees and business in general. In fact, studies show that 75% of all employees believe that job stress has increased in recent years, and 25% of employees consider their jobs to be the most stressful aspect of their lives. Stress resulting from problems at work is at fault for more health problems than any other stressor, including family issues and financial concerns.

By definition, job stress is the emotional and physical response that occurs when an individual’s job requirements do not match his or her needs, resources, or capabilities. When an employee experiences ongoing job stress, he may develop injuries or health problems. According to studies, the most common cause of job stress is an overly demanding work environment.

Some employees will naturally experience less job stress than others do. Employees who are less likely to experience stress from work are typically those who have a solid support system of family and friends and a balance between work and personal life. Employees may also avoid stress if they have a positive and relaxed outlook on life in general.

To prevent employee injury, it is imperative that business owners monitor employee stress levels and alter working conditions accordingly. If multiple employees are experiencing problems with job stress, it is likely that the conditions at work are in need of improvement. Common work environment issues that may lead to job stress include improper task designs, bad management styles, lack of interpersonal relationships at work, uncertain expectations, job insecurity, and unpleasant environmental conditions.

When employees are exhibiting signs of stress, the first step in resolving the problem is to determine the nature of the stressor. If poor task design is the cause of the stress, workers may benefit from shorter shifts or more rest breaks. If workers are unhappy with the company’s management style or the lack of interpersonal relationships, they may benefit from more participation in the company’s decisions, more support from supervisors, and a better social environment. When uncertain job expectations are the cause of stress, the solution often involves clarification of employee job descriptions. If employees are stressed because of job insecurity, business owners can make efforts to be open with employees about their future with the company. Finally, if employee stress results from a hazardous or an uncomfortable work environment, business owners should try to address employee concerns and make improvements when necessary.

In some cases, an employee who wasn’t previously experiencing job stress may become stressed because of a change in the circumstances his or her personal life, such as a family member’s chronic illness or the birth of a new child. In such instances, the increase in stress from home can cause the employee to feel uneasy about meeting expectations at work. To cope with this type of job stress, employers should make an effort to accommodate the employee’s needs whenever possible. In many cases, these changes are only temporary. However, if ignored, external stressors may elevate job stress to an unhealthy level.

HOW DOES SAFETY PAY DIVIDENDS TO THE BUSINESS OWNER?

By Workplace Safety

Time and resources spent on developing a culture of safety repays the business in the long run. Safety cultures rely on reducing the number of Workers Compensation claims, in return, the odds of a disastrous claim are reduced.

Business owners with Workers Compensation experience modifications above 1.25 need to review their safety policies with professionals. It is possible one year or even one claim causes this situation; but it should not be ignored. Discover and repair the root cause.

A 1.01 to 1.25 modification indicates worse than average experience. State rates can be less than adequate for a short period of time. The actuarial or mathematical calculations just incorrectly reflect the average expected claims. Slightly elevated modifications may be caused by these issues; however, review your losses by department in these cases and see if a problem area exists.

For slightly elevated modifications, review the safety program and types of losses. Seek out a professional risk manager for help if needed. Look for patterns in the losses, and consider changes in safety equipment or procedures to reduce problem issues.

Proactively nurturing a safety culture will pay long-term dividends. Experience modifications will decrease with positive results. How?

Each state calculates Workers Compensation experience modifications independently. Many states do utilize the services of the National Council on Compensation Insurance (NCCI) to gather data and promulgate base rates and experience modifications; but each state regulates its own Workers Compensation system.

Workers Compensation experience rating predicts future behavior by analyzing past performance. It is a consequence of loss control performance, neither a reward for no losses nor a punishment for too many claims.

The generic formula for experience modifications follows some rules:

Just as payrolls are the basis for the standard premium, they form the basis for expected claims Payroll is multiplied by an average claim factor to produce total expected claims. A discount factor is then applied to predict the potential severity of the claims.The product of this equation is expected losses. Actual medical only (MO) claims combine and report as a number of claims/total amount. Some states designate the MO claims as primary (maximum average) and excess, and then apply a discount rate to one or both of these amounts. Most states set a limit on the value of any one claim, and then discount large claims on a sliding scale. This historical claim experience is divided by expected losses. That quotient is the experience modification.

The insurance industry spends millions of dollars to find ways to predict the future. Loss analysts discovered one important fact: the best predictor of future claims is the frequency with which companies suffer losses in the past.

Frequency reflects the number of claims per employee, usually expressed as claims per payroll unit ($100), claims per year, or claims per time unit. Frequency, however, more importantly, reflects the safety culture of the business.

If the frequency of claims is predictable, how about the severity of an individual loss? No, severity, the magnitude of the loss, is not predictable. With greater frequency, however, comes greater odds that a severe claim will occur.

Experience modifications indicate the status of the safety culture within a business. Good management listens to risk management and loss control experts who ultimately reduce Workers Compensation costs.