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How to Reduce Workers’ Compensation Claims

By Workplace Safety

When it comes to Workers Compensation claims, companies are looking constantly for ways to reduce claims and reduce costs.

Ascribing the cost of Workers Compensation claims to applicable internal departments can encourage supervisors and managers to pay more attention to training and safety programs and more carefully monitor injured employees returning to work. Some companies have even deducted the claim cost from the budget of the ascribed department instead of a general company fund as an additional incentive to curb Workers Compensation costs. Through implementing a few procedures that place Workers Compensation expenses directly on internal departments, employers have more control over prevention and injury management measures that can decrease the severity and frequency of workplace injury. The reduced claims and Workers Compensation premiums add up to a substantial amount of savings.

Safety goals can be met by communicating directly with all potential Workers Compensation employees. Use a claim and injury history to identify high-risk employee groups. Then, on a departmental level, discuss the injury management process with employees. Communication will improve as employees are given a chance to discuss how they feel the job could be performed with less risk of injury. It also gives the employer an opportunity to modify safety procedures or dangers in the work environment, such as faulty equipment or inadequate work protocols that are identified by employees.

A common problem related to workplace injuries is a lack of prompt reporting. Too often supervisors don’t appropriately acknowledge workplace accidents. The hope is that the incident will not result in time off of work or medical expenses. However, putting an initial injury off and not reporting it immediately often actually results in increased costs. Managers and supervisors need to know that they aren’t saving money when they don’t report injuries immediately. One study of more than 50,000 temporary total disability and permanent partial disability claims showed:

Injuries reported one to two weeks following the incident were 18% more expensive than those reported within a week of the incident.

Injuries reported three to four weeks after the incident were 30% more expensive than those reported within a week of the incident.

Injuries reported after four weeks of the incident were 45% more expensive than those reported within a week of the incident.

Showing supervisors and managers statistics such as these will help to ensure timely injury reporting, especially if Workers Compensation costs will be coming out of the departmental budget. Although the goal is prevention of workplace injury, once an employee has been injured, the objective should turn to a timely and safe return to work. This can best be achieved if both employer and employee share a desire to obtain the most effective care, which will help to expedite recovery and a safe return to the job.

Since each department is faced with the claim cost coming out of their own budget, managers and supervisors can take a more active role in assisting injured employees returning to work. For example, instead of the usual claim adjuster or attorney contacting the injured employee, the company concern can be conveyed through the department head(s). One last element is fraudulent claims. Although deliberate fraudulent claims are a rarity, they do exist. These fraudulent claims will be much more difficult to file when Workers Compensation costs are analyzed departmentally.

Accidents are going to happen. There simply isn’t a way to prevent all accidents and eliminate all claims. But, it is realistic to reduce the frequency and severity of workplace injuries by making the department responsible directly, whether by penalty or by reward, for a safe work environment.

Workers’ Compensation Risks for Mechanics

By Workplace Safety

As a mechanic, you spend your workdays fixing cars, trucks and a variety of machines. While the job is different every day, it’s also risky. Workers’ Compensation for mechanics is an important insurance product that provides medical care and financial support if you’re injured or become ill because of your job.

Workers’ Compensation Mechanics Risks

Mechanics face numerous risks on the job every day. In fact, this job is one of the most dangerous careers in the United States.

Falls and Slips

Oil, gas and other fluids make shop floors slippery, and it’s easy to trip over parts or tools on the ground. Falls and slips could easily cause a fracture, sprain or other injury.

Being Struck by a Tool or Vehicle Part

Over one in four accidents occur when something like a dropped tool or loose part strikes you as you work. These accidents could cause a concussion, sprain or other injury.

Burns

If the vehicle you work on is hot or you change hot fluids, you risk a serious burn.

Cuts

Operating manual or power tools is essential as you disassemble and assemble vehicles, but if you’re cut, the resulting laceration could require stitches or result in a more serious injury.

Getting Caught in Equipment

Moving tires and engines pose a serious risk for mechanics. You could be injured or disabled.

Falling Objects

Even though you secure a vehicle on a jack, lift or rack, it could fall off and pin you underneath, causing a serious injury or disability.

Strain

Overexertion from repetitive lifting or other repetitive movements can cause carpal tunnel or arm, wrist, elbow, back or leg strain. Lifting heavy objects, sitting or standing in one position for a long time or bending over might also cause strain.

Toxic Exposure

Chemicals, gasoline additives and other chemicals can cause long-term illnesses like respiratory disease or cancer when you’re exposed to them over time. Lead is another risk that causes anemia, kidney disease and other illnesses.

What Does Workers’ Compensation for Mechanics Cover?

Workers’ Compensation covers expenses related to injuries or illnesses you receive on the job. It can pay for medical treatment, a portion of lost wages or education and job training.

How to Prevent Workers’ Compensation Risks for Mechanics

While you can’t prevent every injury or illness on the job, you can take several precautions.

  • Always secure vehicles.
  • Wear safety equipment.
  • Use proper lifting techniques.
  • Employ tools when lifting heavy objects.
  • Keep the shop clean.
  • Take frequent breaks.

The Workers’ Compensation risk for mechanics is high. Protect yourself as you work and make sure your employer carries the right Workers’ Compensation insurance in case you’re injured or become ill on the job.

How Accidents and Lawsuits Can Be Costly

By Construction Insurance Bulletin

Risk management experts, safety experts, accountants, actuaries, and other professionals make the distinction between direct and indirect costs of accidents, lawsuits, and so forth.

For example, the cost of turnover in the HR That Works Turnover Cost Calculator includes the direct costs (such as paying for a Help Wanted ad) and indirect costs (such not growing the business due to lack of manpower). Two of the most commonly insured employee risks are those for work-related injuries and employment practice claims. This means that the direct costs associated with a Work Comp injury are those related to medical expenses and expense reimbursement, which the Workers Compensation carrier usually pays.

We usually recommend that our clients pay the compensatory portion of the claim because if they don’t, the insurance company will pay it and then get their money back by increasing your experience modifier over the next three years. In a sense, they don’t pay these claims, they finance them. In addition to the increase in the experience modifier (MOD) and cost of future insurance, there are also indirect costs:

  • Damage to property (building, tools, machinery, etc.)
  • Emergency supplies, cost
  • Possible media exposure/brand change
  • Investigation time, claim management time
  • Affect on employee morale
  • Overtime, costs of replacing employee
  • Increased experience modifier
  • Damage to client relations if accident is “on site”
  • Injury to third parties
  • Additional legal fees

Of course, these ratios depend on the type of claim or injury, type of business, days lost from work, and so forth. When it comes to an employment practices claim, direct costs are for attorney fees, litigation costs and any settlement or verdict payout. The indirect costs include: Loss of employee morale, damaged customer and client relations, copycat claims, loss of knowledge base, training, and experience.

The risk management literature offers a wide range expert opinion on the range of direct to indirect costs. Only one out of seemingly dozens of surveys identifies indirect costs as lower than a 1:1 ratio to the direct costs. Some go as high as 20 times the direct costs (for example, when an expensive piece of machinery is destroyed in the process).

Based on my personal experience and that of experts I agree with, we can safely assume at least a 1:1 ratio in most circumstances. For example, you might have to pay out $50,000 to settle the lawsuit, plus another $50,000 to replace the employee! Unfortunately, these indirect costs are often uninsurable, and in many cases dwarf the insurable costs in a given risk scenario. Interestingly, the indirect cost ratio has been diminishing as medical and legal expenses continue to soar.

These ratios also depend on such factors as:

  • Type of claim/injury
  • Type of business
  • Claim value
  • Days lost from work
  • Legal jurisdiction
  • Management response

What You Need To Know About Construction Bonds

By Construction Insurance Bulletin

In the construction industry, construction bonds are an important part of the bidding process. As a contractor, here’s what you need to know about construction bonds.

What are Construction Bonds?

Construction bonds are a product that guarantees the contractor will complete the job according to the project contract. Typically, they’re required by governments for public jobs and by general contractors and private entities that bid projects to subcontractors.

Your construction bond, also called a bond line, is a pre-approved dollar amount. You’ll have a bond limit per job and an aggregate limit for all the contracts you have at one time. When you bid on a job, it counts against your bond line even if you don’t win the contract.

Types of Construction Bonds

You’ll need a variety of construction bonds depending on the project.

    1. Bid Bond – Guarantees the accuracy of your bid and that you can secure a performance and payment bond from the bonding company if you win the contract
    1. Performance Bond – Guarantees you’ll perform the work as outlined in the job contract
    1. Payment Bond – Guarantees that the suppliers, subcontractors and laborers you hire will be reimbursed if you go bankrupt before you pay them
    1. Maintenance Bond– Guarantees your work for a certain time after the job is completed
    1. Supply Bond – Guarantees your suppliers will deliver the promised supplies, materials and equipment outlined in their purchase orders
    1. Subdivision Bond – Guarantees you will follow local specifications as you build or renovate public structures in subdivisions
    1. Site Improvement Bond – Guarantees you will complete certain improvements such as renovations to older structures or updates to existing properties
    1. Contractor License Bond – Guarantees you will follow contractor regulations and licensing laws (this is technically a license and permit bond but is often considered a construction bond because it’s so common)

How to Increase Your Construction Bonds Limit

When you have a high construction bonds limit, you can bid on bigger and more jobs. Use these tips to increase your limit.

    1. Bid on small jobs. – Bid on and successfully complete small projects to build your reputation and improve your chances of getting higher construction bonds in the future.
    1. Complete your contracts. – Every time you complete a contract successfully, you establish a track record that can influence a bonding company to increase your bond limit.
    1. Improve your financial standing. – Hire a construction CPA to prepare financial records that show sufficient working capital, equity, cash flow and profit for your business.

Construction bonds ensure you complete the job properly. They’re an important part of your construction business, so understand what they are as you build your career.

Safety When Handling Construction Materials

By Construction Insurance Bulletin

In October 2010, a construction worker in Pennsylvania was crushed to death by a section of a steel plate. The month before, a worker in Houston died when a pallet carrying a one-ton load struck him. In Maryland, two bar joists fell off a stack of joists on a flatbed truck, killing a worker.

The U.S. Occupational Safety and Health Administration reports that material handling accidents account for hundreds of thousands of injuries each year on construction sites. Safe material handling practices can prevent much needless suffering and also save contractors and their insurance companies millions of dollars in medical and disability benefit costs. These practices involve three distinct areas: Safe handling, safe storage and disposal.

Safe handling of construction materials involves several measures, including: 

Properly securing all materials that are stored in tiers. Pipes, steel beams, poles and other heavy materials can slide or tilt if they are not stacked and blocked adequately, allowing them to potentially fall on workers.

Keeping combustible and flammable materials in fire-resistant containers.

Determining and prominently posting the maximum safe load limits of floors where materials are stored, and taking care not to exceed those limits.

Maintaining clear and sound aisles and passageways for moving materials.

Constructing ramps or graded walkways between work areas on different levels to make accidents and spills less likely.

Improperly stored material can shift or topple over, causing potentially serious injuries. 

Sound storage practices required by OSHA include:

Stacking bricks in piles no more than seven feet high, with every layer above four feet tapered back two inches for every foot. While masonry blocks can be stacked in taller piles, but contractors should also taper the piles above the six foot mark.

Limiting stacks of lumber to 20 feet high (16 feet if workers will handle lumber without machines) in stable piles on level sills that provide good support. Prior to stacking, remove all used nails.

Keeping materials more than six feet from hoistways.

Not storing materials in floor openings.

Storing materials more than 10 feet from an exterior wall that is shorter than the top of the pile.

Not storing materials on scaffolds or runways unless the contractor is about to use them. 

In the hurry to get the job done, workers often dispose of construction debris in unsafe ways, such as tossing pieces of lumber off the side of the building. This risks injury to anyone standing below.

Contractors should follow these guidelines for proper waste disposal: 

Remove all scrap, especially combustible materials, as it accumulates instead of letting it pile up. However, do not remove it until workers are certain that the people working over their heads are finished tossing it to the ground.

Use an enclosed chute to drop debris from the higher points of the building.

Barricade areas where workers will drop debris without using a chute.

Use separate containers for materials covered with oil or flammable liquids. 

An insurance company’s loss control department may have resources available to assist contractors with improving material handling. Those who want this help should check with their agents to arrange a meeting. Sound material handling practices help prevent injuries, fines and penalties, and reduce workers’ compensation costs. They will also enhance the employer’s reputation with potential employees. Putting these safeguards into place makes both moral and practical sense.

Six Construction Site Dangers and Safety Precautions

By Construction Insurance Bulletin

The construction industry employs millions of people on job sites across the United States. While the fatal injury rate is high for this industry, you can understand construction site dangers and steps that protect yourself, co-workers and pedestrians.

Fall Protection

Most of the construction site fatalities occur from falls. Unstable work surfaces and failure to use protective equipment contribute to this construction site danger.

The right equipment can prevent falls.

  • Use guardrails, safety nets, restraint systems and fall arrest systems.
  • Stand on an elevated platform or aerial lift.
  • Secure all scaffolding.
  • Inspect lifts regularly.
  • Clean debris, liquid and dirt off all ladders, lifts or scaffolding.
  • Observe maximum weight limits on ladders, lifts or scaffolding.

Cranes

The majority of crane accidents happen when the boom or load line connects with an overhead power line. Other dangers include getting struck by the crane or caught in its swing radius.

The crane should always be inspected before use. Only a qualified, experienced operator should run it, taking care to lift the recommended weight and watch for overhead wires. Never stand under the load, either.

Chemicals

Random chemicals around the construction site can cause burns, fires, explosions and respiratory problems.

Secure all chemicals safely. Maintain a Material Safety Data Sheet on all chemicals, and ensure all employees know where the MSDS are stored and how to read them. Train employees on the risks and proper use of those chemicals, too. They should also use protective gear and know how to access and use the spill kit.

Bodily Protection

Injuries to your head and unprotected eyes, face, hands and feet can cause disability or death.

Wear protective gear at all times, including safety glasses, gloves and steel toed, non-slip shoes. Remember to wear a hard hat and watch out for falling or fixed objects. You should also use caution when operating power tools.

Repetitive Motion

Operating the same tools over time or standing in one position all day can cause repetitive motion injuries and strains.

Take frequent breaks to protect yourself. Use proper posture or change positions frequently, too. You can also use less force as you do your job.

Electrical Safety

Any time you work around electrical tools or electricity, you’re in danger of electrocution.

Never bypass any device that protects you from electrical energy or climb near exposed wires. Always shut off the power before working on electrical circuits, too. Properly ground power tools, and inspect the cord for damage. If you use an extension cord, it should be certified for hard service.

Construction is a dangerous but important profession. Take these safety precautions as you prevent six construction site dangers.

Secondary Damage Caused by Poor Work

By Business Protection Bulletin

When a contractor works on several parts of a structure, and a mistake they make on one part causes damage to other parts they worked on, does their Liability insurance cover all of the damage, some of it, or none of it? This is the question a Texas court answered in a 2009 decision interpreting the Commercial General Liability policy’s “that particular part” clause. This phrase has been the subject of many court cases because, to some extent, its meaning is in the eye of the beholder.

In the Texas case, the contractor worked on a condominium project. They performed the water-sealing on exterior finishes and retaining walls improperly, permitting large quantities of water to enter the structure through multiple points, including ceilings and walls and under doors. The water damaged other areas of the project on which the contractor had worked, including stud framing and interior drywall. The contractor notified their insurance company, but the company denied the claim because of two policy provisions that exclude coverage.

First, the policy said that the insurance did not apply to “property damage to … that particular part of real property on which (the insured contractor) or any contractors or subcontractors working directly or indirectly on the (insured contractor’s) behalf are performing operations, if the property damage arises out of those operations.”

A second exclusion stated that the insurance did not apply to “property damage to … that particular part of any property that must be restored, repaired or replaced because (the contractor’s) work was incorrectly performed on it.” The insurance company’s intention was to not insure a contractor’s own shoddy workmanship. The contractor sued the company for breach of contract.

The court found that the first exclusion did not apply to this loss because the contractor was not working actively on the project at the time. The contractor had finished the exterior work, and the owner had suspended interior work on most of the condominium units while their sales were pending. The court noted that the exclusion eliminates coverage for damage to property on which the contractor is performing operations. Since the contractor was not performing operations at the time of the water damage, the exclusion did not apply.

The court also found that the second exclusion applied only to the contractor’s exterior work and not to the parts of the interior that suffered damage. It arrived at this conclusion by breaking the exclusion into its components:

No coverage for damage to:

  1. Property;
  2. that must be restored, repaired or replaced;
  3. because the contractors performed work on it incorrectly.

According to the court, this wording differentiates between property on which the contractor performed work incorrectly, and other property on which the contractor did not perform work incorrectly. Since the owner did not claim that the contractor performed faulty work on the interior components, the court said that the exclusion did not apply to damage to those areas.

According to the opinion, the exclusion “ … bars coverage only for property damage to parts of a property that were themselves the subjects of defective work, and not for damage to part of a property that were the subjects of only non-defective work by the insured … ”

Courts have interpreted these exclusions in various ways, depending on the circumstances of the individual cases. Contractors should be aware that, when they have liability for property damage, their insurance coverage might not be clear-cut. Our insurance agents can give you an idea of how companies providing coverage have handled similar claims in the past.

What is Lender Placed Property Insurance?

By Business Protection Bulletin

All mortgage lenders require home owners to buy adequate homeowners’ insurance. If the home owners’ policy lapses or is otherwise insufficient, though, the bank will implement a lender placed property insurance on the home. Understand this insurance product as you protect your home.

Why Is Property Insurance Important?

When a bank loans you money for your mortgage, they assume a risk. If your home is damaged or destroyed by weather, fire, vandalism or another peril and you do not have insurance, they are responsible for expensive repairs.

Homeowners’ insurance is important for you, too. With it, you can repair or replace your home.

When do you Need Lender Placed Property Insurance?

You’ll only need lender placed property insurance if your homeowners’ insurance policy lapses. This could happen for several reasons.

  • The policy is cancelled.
  • Your existing insurer goes out of business or stops offering homeowners’ insurance.
  • You forget to pay the premiums.

In any of these cases, you can purchase a replacement policy. But if you don’t, your bank will protect its interests with lender placed property insurance.

How do you get Lender Placed Property Insurance?

Your mortgage holder will notify you before they put a lender placed property insurance policy in place. They only put this policy in place after you’ve received several past-due or cancellation notices from your insurance company and they’re sure your homeowners’ insurance policy has been cancelled.

How Much Does Lender Placed Property Insurance Cost?

Lender placed property insurance can cost up to twice the amount of a regular homeowners’ insurance policy. While you’re responsible to cover the cost of the policy, you do not choose the company that issues it or the amount of coverage you receive. The lender has total authority over these decisions.

The increased cost is partially because a lender placed property insurance policy is usually put in place sight-unseen. The company doesn’t consider the home’s current condition, recent losses, occupancy or other details that could potentially decrease the policy’s cost.

What Does Lender Placed Property Insurance Cover?

A typical lender placed insurance policy has limited coverage. It may not pay liability claims if someone is injured on your property. It also may not cover personal items if they’re stolen, lost or damaged.

How to Avoid a Lender Placed Property Insurance Policy

To avoid paying for a lender placed property insurance policy, maintain the homeowners’ insurance policy of your choice. Pay your premiums on time and carefully examine and keep copies of all the paperwork your insurance company sends you.

A lender placed property insurance policy protects your mortgage lender and you. Know what it is as you protect your home.

Fraud and Abuse in the Workplace

By Business Protection Bulletin

A Report to the Nation on Occupational Fraud and Abuse by the Association of Certified Fraud Examiners provides a wealth of valuable information for any company.

According to the report: 

Organizations with fewer than 100 employees have a higher rate of fraud exposure to billing, check tampering, skimming, expense reimbursement, cash on hand, payroll, and larceny than their counterparts do.

Conversely, employers with more than 100 employees have a greater exposure to corruption and non-cash theft. The most common anti-fraud controls include audits, codes of conduct, management review, hotlines, and training.

Companies with 100 or more employees are almost twice as likely as smaller organizations to employ anti-fraud controls.

It generally takes some time to detect fraud. Financial statement fraud had a median duration of 27 months. Check-tampering, expense reimbursement, billing, and payroll scams 24 months; corruption, cash on hand, skimming, and larceny 18 months.

The list of fraud examples is instructive:

  1. Skimming a small percentage of cash payments or assets.
  2. Accepting payment from a customer, failing to record the sale and instead pocketing the money.
  3. Stealing cash and checks from daily receipts before they can be deposited into the bank.
  4. Creating a shell company and billing employer for services not actually rendered.
  5. Purchasing personal items and submitting invoices to employer for payment.
  6. Filing fraudulent expense reports for personal travel, nonexistent meals, etc.
  7. Stealing blank company checks, and making them out to themselves or an accomplice.
  8. Stealing outgoing checks to a vendor and depositing them into their own account.
  9. Claiming overtime for hours not worked.
  10. Adding ghost employees to the payroll.
  11. Fraudulently voiding a cash register sale and stealing the cash.
  12. Stealing inventory from a warehouse or storeroom.
  13. Stealing or misusing confidential customer financial information.

Nearly one in five frauds were exposed by tips from fellow workers. Many organizations provide employee-tip hotlines. Perhaps you should too.

An Alert Driver is a Safe Driver

By Personal Perspective

Going for a drive or riding in a car can be a relaxing experience, but drivers need to remain alert when behind the wheel. Although anyone could fall asleep while driving, certain target populations are more prone to having accidents because of falling asleep.

For instance, men are twice as likely as women to have an accident due to drowsiness. Teenagers, who love burning the candle at both ends, are another group with the potential to doze off while driving. In fact, teenagers and their 20-something counterparts are less likely to admit to being too fatigued to drive and will often get in the driver’s seat, even if they shouldn’t.

Naturally, there are work-related reasons that contribute to falling asleep while driving. Shift workers who work nights or rotating shifts often have trouble sleeping because their inner clock may be off kilter. Commercial drivers have an increased exposure to accidents as a result of driving during the late night and early morning hours when their biological clock tells them that they should be sleeping.

What can you do to help prevent yourself or a loved one from becoming a statistic? The best solution is a nap that lasts for about 20 minutes before you drive. Although many Americans do not allocate time for an afternoon rest, napping is a normal part of the human sleep-wake cycle. There is a biological tendency to fall asleep in mid-afternoon.

In certain parts of the world, mid-afternoon activities are brought to a halt so that people can take advantage of their natural tendency to sleep. This kind of nap that is taken before the afternoon work period begins is looked upon as a restorative activity, not idling away time that could be better spent doing other tasks.

Napping is even more important if your sleep is disturbed the night before, or you actually slept for fewer hours than your body requires. Napping the next day can help relieve your sleepiness and enhance your ability to remain alert.

The other factors to remember are that most sleep related accidents happen in non-urban areas, generally on roads with 55 mph-65 mph speed limits. When combining the restful quiet of a suburban setting with the steady pace of that speed limit, you have the makings of a situation in which a driver could easily be lulled into sleep. Also, the early morning hours are a particularly vulnerable time for drivers on extended runs.

The best remedy for these conditions is periodic rest stops in designated rest areas. Interrupting your driving for a 20-30 minute nap can make all the difference in restoring your alertness and your responsiveness. Avoid becoming a grim highway statistic. Take the time you need, and protect yourself and others on the road.