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robintek

Jun 06
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Supreme Court NCCI Ruling in Oklahoma Affect on Workers Comp

By Workplace Safety

1606-WC-4When the law sets a precedent for a certain situation in workers comp, it impacts future rates for employers. Recently this was seen in Oklahoma, where the Supreme Court ruled in favor of a woman who had injured her knee while on the job with Sprint PCS. It will likely cause in jump in rates for everyone.

Understanding her case is the key to understanding the hike in costs. After the worker filed a claim for her knee injury, she received sanctioned medical support from her employer based on current workers compensation laws. After some time passed though, it was clear her knee was never going to be what it was before.

She did come back to work once doctors let her know there wasn’t anything more they could do, but she had difficulty performing her job. At that point she filed an appeal for additional support, but was denied by the lower courts based on the provisions of the laws. She then took it to the Supreme Court where the ruling was reversed and she was granted additional compensation based on her injury.

While this case was judged based on its own merits, it’s easy to see why the scenario could easily repeat itself. Based on the extra money having to be paid out to her, the rates will need to go up to cover these additional expenses. The National Council of Compensation Insurance has already showed the Oklahoma Insurance Department that their loss costs (expenses paid out due to the injured) have increased by about 3.4 percent. This affects all employers, so it’s expected that rates will climb soon.

You may not live in Oklahoma, but it’s important to remember that your rates aren’t just based on what type of company you are or how you choose to run your organization. You can do everything possible to keep workers safe, but there are other factors at play that have nothing to do with you. This is the nature of insurance, and something we all have to contend with in both personal and professional sectors.

This case study is not a reason for you to throw up your hands though. The more you stay involved in what’s happening around you, the more likely it is you’ll see the pitfalls of other employers. For example, you can change safety practices based on how other employees were injured. You’ll also be more prepared with how you prepare your budget when you do see cases like this on the news. For the Sprint employee, her initial denial was ruled unconstitutional, so may also give you an indication of reform to come in the state of Oklahoma.

Jun 06
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Workers Comp and Personal Injury: Understanding the Difference

By Workplace Safety

1606-WC-3Injuries can be difficult to define, and it can be hard for people to agree upon both the event in question and the outcome it deserves. Fortunately, we have laws in this country that help settle the debate. However, claims can be filed without employers even realizing that the actual information itself is suspect. Here’s what you need to know about personal injury and a workers compensation claim so you don’t confuse the two.

Personal Injury

Anyone injured due to a 3rd party may be able to file a personal injury claim. Not only can you file for the direct costs of the physical damages, but also for emotional distress as well.

Workers Comp

Workers comp is any injury suffered while on the clock. Those who successfully file a claim generally receive direct costs and possibly disability payments, as well as a potential final settlement in severe cases.

Burden of Proof

The extent you need to produce proof of your claim is different depending on which type you file. For a 3rd party personal injury claim, the injured will need to show there was negligence on the other person’s part as opposed to their own personal mistakes. Workers compensation is generally easier to have approved – even when employers can show the employee was not performing his or her job correctly at the time of the incident. While each state has its own laws and each person has their own interpretation to the laws, these are guidelines to keep in mind.

When Worlds Collide

Sometimes there are cases where a 3rd party causes injury while on duty. In this case, it becomes harder to determine how the case is filed. Because workers comp doesn’t cover any type of emotional damages, the injured can file both claims. However, this is where it gets complicated. Employers may pay out right away to a workers comp party but if the personal injury suit is approved, they may be able to recoup their costs based on the 3rd party settlement. Employees are not supposed to double dip essentially into both the pockets of their employer and the directly responsible party. Lawyers and courts will handle the negotiations in different ways, so having a person on your side who knows the law inside and out is your best bet for this complicated situation.

Keeping Everything Straight

No matter what type of situation you’re involved with, you need to keep clear documentation for the lawyers involved. For this case especially though, there will be plenty of questions about the facts. If you want any hope of recovering the money, then you’ll need the evidence to back everything up.

Jun 06
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Industries that Raise Workers Compensation Costs for Everyone

By Workplace Safety

1606-WC-2Some industries are inherently more dangerous than others, and we accept that it will make insurance rates higher for the rest of employers. However, it still benefits you to know when and where rates change based on this, so you can plan for the future of your business. For example, if your city sees the addition of an additional thousand workers to be added to your fire department, you can prepare a budget that takes that into account.

California City Workers

It was recently reported that the costs for injured employees in Santa Monica are on the uptake and do not appear to be slowing down any time soon. It was found that the police and fire departments as well as the city’s bus system were the responsible parties. They saw a 7 percent increase from last year to this year, with a 15% rise in indemnity costs. More than half the cases saw the need for workers to completely abstain from work. This is not surprising for the city, as costs have been rising for quite some time. Between 2014 and 2015, they paid $5 million and then proceeded to increase it to $6 million for the next fiscal year. In the coming year, they’ve budged over double that at $13.8 million. These increases are staggering based on the claims themselves.

The Financial Future

It doesn’t appear that this is sustainable for anyone, and it’s affecting people across the board. Even those who participate in the Self-Insurance Fund to escape the costs of higher premiums are expected to feel it. The 5% projected increase in the financial forecast in Santa Monica for this group will likely end up being much more than that. The open claims are up several million from last year, mainly due to police employees. Many of the closed claims involved putting workers on permanent disability, with the condition that all medical treatments stemming from the injury will be covered for life.

What Can Be Done?

There is only so much you can do if you’re experiencing something similar in your area. For Santa Monica, they’re seeing an aging police force who are unable to keep up with the high-demand nature of their job. While the city is looking into ways to curb costs, it will likely be done on the legal side as opposed to directly working with employers. They want medical care to be accelerated for less downtime from workers as well. Staying informed and sending letters to officials when possible is a smart move when you see costs rising, as well as looking into any type of alternative action as well for insurance plans in your area.

Jun 06
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How Can Workers Prove Chronic Pain: Case Studies to Learn From

By Workplace Safety

U1606-WC-1nfortunately, you can’t actually see chronic pain. You can talk to someone who physically looks fine, yet is claiming they can barely stand up. Since pain is felt differently by different people, medical professionals and laypeople alike have difficulty categorizing and defining the more severe injuries. This leads to confusion and sometimes outright fraud. Let’s look at how pain is defined by using a specific case study.

A Question of Proof

How injured do you have to be to claim injury? Do you have to be constantly writhing in agony or is it only when you make specific motions? These are specific questions that get a bit touchy. Recently, a man who filed for compensation claimed that he needed a wheelchair but was then shown to be out of his home shopping without it (and seemingly without pain) through video surveillance.

They also had him on camera performing a number of other activities as well. He was arrested with the possibility of up to five years in jail. Since the amount paid out due to his injury was more than a half million dollars, it’s certainly brought about some attention in his area of Florida. The man was a deputy there, and was injured when bending to get his laptop from the trunk of his police cruiser in 2007.

After that, he went through surgery and stated that he couldn’t walk, drive or bend, which has then been shown to be false by videos. He states that he had always been consistent in reporting his pain to be inconsistent because no two days are alike. He says that while the video may show him driving and running errands, he can only do so in limited ways. He claims his whole life is a mess, with his job ripped out from under him and expenses piling up. It’s now up for the courts to decide who has the better claim and what will happen.

Employer Tips

No employer wants to follow their employee around constantly to check up on their progress and verify the truth in their claims. Also, it’s difficult to accuse someone who’s experienced severe injuries of trying to game the system. However, sometimes it’s necessary with the case of chronic pain to be more involved. Medical professionals have been shown consistently to raise costs without cause in certain areas where they have direct financial incentives to do so as well.

Through questions and visits, you can start to see the character of the person behind the claim as well as the treatment they’re receiving. If you do suspect foul play on either side, then your insurance company will be more than happy to help. After all, they stand to lose out on fraudulent claims too.

Jun 06
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How to Take Breaks as a Small Business Owner

By Risk Management Bulletin

1606-RR-4As a small business owner, you have a huge responsibility when it comes to making your business a success. Your heavy workload can lead to burnout, though. Improve your ability to stay in business and boost your creativity, productivity and focus when you take breaks.

Schedule Breaks

Your daily schedule is filled with meetings, trainings, projects and networking. These tasks are essential, but where are your breaks?

Starting today, include meal times, regular exercise and family nights into your daily schedule. Mark out vacation, too. Writing breaks on your schedule shows that you prioritize them and ensures you have time to eat, play and relax. Adding breaks to your schedule models a good work life balance to your staff, too, which helps them stay focused and energized at work.

Stick to Your Schedule

Now that you added breaks to your schedule, take them! Don’t make excuses or promise to take a longer break tomorrow. Tomorrow will be busy, too.

Set alarms on your phone that remind you to stick to your break schedule. You can also plan a fun activity, like chatting with a friend, walking your dog or eating your favorite sushi to enjoy on your break. By keeping your schedule, your creativity, productivity and work life balance will thank you.

Take Advantage of Natural Stopping Points

You’re all set to take breaks, but the big projects you have scheduled don’t take breaks. Use natural stopping points to stay on track and get away.

Divide the project into milestones, calculate how long each milestone will take to complete and schedule your breaks to occur then. This technique gives you something to work toward and look forward to, and after your break, your brain will be fresh and ready to tackle the next thing on your to-do list.

Make the Appropriate Arrangements

Don’t let your work keep you from taking the breaks you need. Whether you get away for a few hours or a few weeks, a little planning and a few arrangements allow your business to keep moving forward even when you’re not present.

To put your plan in action, assign staff to do your duties. Then communicate with your clients. Work out a schedule that allows you to get away and finish any projects, even if that means putting in a few extra hours before you leave or postponing some work. The planning effort is challenging, but your mind and body need to get away from work once in awhile.

Breaks allow you to regroup, recharge, prevent burnout and stay focused. They’re essential for your business’s success. What will you do during your next break?

Jun 06
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The Difference Between Employees and Independent Contractors

By Risk Management Bulletin

1606-RR-3As a small business owner, you need help to run your business. You can hire someone, but you have to be careful that he or she is classified properly. Otherwise, you could face hefty fines from the IRS. Learn the difference between employees and independent contractors before your next hire.

What is an Employee?

Employees are workers you hire for a specific job. They are an integral part of your business and receive most of their income from you.

You determine the employees’ work hours and schedule. If they do not show up for work at their assigned times, they could be fired.

When paying employees, you must take out taxes and any insurance coverages. They receive a regular paycheck from you.

Employees use your tools, equipment and materials. In most cases, they are not required to provide any of these items for their job.

What is an Independent Contractor?

Independent contractors are self-employed. They use their skills to help business owners like you meet temporary needs. Examples include plumbers, freelance writers and office cleaners.

When hiring independent contractors, remember that they work for whomever they want and do not rely solely on you for their income. They also bring their own tools and pay their own taxes and insurance costs.

You do still need to write, review and sign a contract that verifies the pay rate and project completion date. However, you do not micromanage the work. Independent contractors cannot be fired for not showing up one day as long as they are completing the work according to the contract.

Use this checklist to determine if the workers you hire are employees or independent contractors:

    • Do you or the workers provide the tools, supplies, equipment and materials?
    • Do you or the workers set their schedule?
    • Is the work permanent or temporary?
    • Are the workers micromanaged or allowed to do the project on the timeline they prefer?
    • Do the workers rely solely on your for their income or have multiple jobs going at once?
    • Do you pay taxes and insurance for the workers or are they responsible for those financial obligations?
    • Are the workers an integral part of your business or needed only occasionally?

Employees and independent contractors are different. Protect yourself and your workers when you understand the differences before you hire anyone. For more information, talk to your financial advisor or attorney. Make sure you have adequate insurance for your business, too, as you grow your team.

Jun 06
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How to Choose Cloud Storage for Your Small Business

By Risk Management Bulletin

1606-RR-2Cloud storage lets you manage client data, project details and employee records. There are several options available to you, so consider this checklist as you choose one that’s right for your small business.

Is it Secure?

You have an obligation to keep your client’s information and employee data safe. File Transfer Protocol, or FTP, is a common way to transfer files, but consider Managed File Transfer instead. It’s encrypted and allows you to share one or multiple files with specific users. Look for this option and other safety precautions that ensure your business’s valuable information remains secure.

Does it Follow Compliance Regulations?

Several federal and industry standards regulate data storage. Be sure the cloud storage company you choose follows all the rules, including the Payment Card Industry Data Security Standard (PCI DSS) that specifically handles security of credit and debit card numbers. By using compliant storage, you lower your liability risk.

Is it Easy to Share?

Your small business operates successfully because your employees and customers can share data easily. The cloud storage provider you choose should give you the same flexibility. Look for a “Drag and Drop” option that doesn’t’ overload your email system or compromise safety.

Does it Transfer Files Fast?

Transferring large files can be challenging if your connection is slow. You can’t keep your clients waiting, though. Your cloud storage should support fast file transfer, including files with videos, tables and large amounts of data.

Is it Compatible With Your Devices?

Certain cloud storage options don’t work with certain devices. Check to see that your cloud storage option is compliant with your phones, computers and other devices. Also, make sure it will operate with the Mac, Windows, Android or another system you and your clients and employees use.

Does it Stay Turned On?

Power outages or a server shut down erases any data that’s not saved. Protect your work with cloud storage that never turns off. Users can still access the data even if your internet or server is down temporarily.

Does it Improve Collaboration?

Whether your employees work in the office, at home or at the client’s location, they need to collaborate. A quality cloud storage option lets different authorized users make notes and changes as needed.

Is it Affordable?

Some cloud storage options charge monthly fees, others charge annually, and there are some that offer free services up to a certain number of files. Research the costs before signing up for a service. Consider how much your business will expand, too, to ensure you have enough space to grow.

Managing your data is an important task for your small business. Carefully choose a cloud storage option as you manage your small business.

Jun 06
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Prevent Sexual Harrassment in Your Small Business

By Risk Management Bulletin

1606-RR-1Sexual harassment complaints can be prosecuted under the same laws that prevent race, gender and religious discrimination. As a small business owner, you cannot afford to break the law. Protect your business, employees and clients when you prevent sexual harassment.

What Is Sexual Harassment?

Any unwelcome sexual conduct or advance that’s intimidating or offensive is considered sexual harassment. It can include derogatory comments, explicit jokes, suggestive emails, demeaning remarks, sexual threats or physical touch.

Both men and women can be victims of sexual harassment. However, it is more common for women to file sexual harassment complaints.

How Can You Prevent Sexual Harassment?

As an employer, you have a responsibility to prevent sexual harassment. If you don’t, you put your employees and clients at risk, could face severe liability and potentially destroy your business. Take these steps as you ensure your workplace remains safe.

    • Write a concise and clear sexual harassment policy. It defines sexual harassment, clearly clarifies that it is not acceptable or tolerated, explains consequences and outlines the reporting and investigating process. Update it regularly with any changes.
    • Train employees. Some states require annual sexual harassment training. Whether or not yours does, everyone who works for you should understand the seriousness of sexual harassment. They should undergo regular training that provides any policy updates and shares examples of unacceptable sexual harassment. They should also know the procedure for recognizing and reporting any claims.
    • Monitor your workplace. Check in regularly with your staff as you make sure sexual harassment isn’t an issue. You don’t have to be “big brother”, but you should be aware of anything that seems off. You also should not allow any actions that appear remotely close to sexual harassment. Jokes, groping or derogatory remarks should all be unacceptable.
    • Cultivate an open door policy. Your employees are more likely to share sexual harassment concerns if they know that you are always open to listen. They also need to know that their jobs are not in jeopardy if they share something with you.
    • Take complaints seriously. Your employees must know that you take sexual harassment complaints seriously and will not ignore or brush them aside. That includes investigating every complaint no matter who is involved.
    • Respect everyone. Model the behavior you wish to see in your employees when you respect your employees, clients, vendors and everyone who walks into your workplace.

Sexual harassment is a serious thing you want to prevent in your workplace. Protect your employees, clients and your business. For more information about how to create a workplace that’s safe for everyone, talk to your attorney.

Jun 06
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Your Fitness Tracker Could Lead to Identity Theft

By Personal Perspective

1606-PP-4Six in 10 Americans track their regularly according to a Pew Research Center study. Do you? If so, you may use a fitness tracker. It’s a convenient way to meet your health and wellness goals, but it also can lead to identity theft. Take precautions as you get and stay healthy.

What is a Fitness Tracker?

You used to need a pencil and notebook to track your daily calories and exercise routines. Now, you can wear a device on your wrist or waistband that calculates how many calories you burn each day, how many steps you walk at work and how well you sleep. By 2018, as many as 780 million fitness trackers will be in use.

The information collected by your fitness tracker is synced to your computer or smartphone. Use the data to measure your progress, meet fitness goals and achieve your desired weight.

Who Has Access to Your Fitness Tracker Data?

It might seem strange that anyone would want to know how you sleep or how much you walk. However, fitness trackers can also include data like your gender, age, height and weight. This data can be valuable to companies that wish to market their diet, exercise and wellness products to consumers like you.

Additionally, fitness trackers offer real-time and location-based tracking. Burglars with access to that data know where you live, when you’re home and when you’re away from home. You and your family could be at risk.

How do you Protect Yourself?

Protect yourself from identity theft when you take five steps.

  1. Review the privacy policy of your fitness tracker. It will tell you who has access to your personal information and if the company sells or shares your data. The policy should also tell you if your data is encrypted, where it’s stored and how long it’s stored for. Contact your fitness tracker provider if you can’t find this information.
  2. Disable location tracking. Don’t share your location with social media sights, and turn off your Bluetooth when it’s not in use.
  3. Use strong passwords. Mix letters, numbers and symbols in a unique password that you keep secure from others.
  4. Don’t use unsecured networks. Instead of transmitting data from a public place, wait until you’re home and on your secure network.
  5. Install updates. When security fixes are available for your device and its app, install them.

Your fitness tracker is an invaluable tool in keeping you healthy. Take several precautions as you prevent identify theft and stay safe. You can also talk to your insurance agent about identity theft protection coverage that gives you added peace of mind.

Jun 06
Love0

Secure Insurance for Your Trailer Before you Travel

By Personal Perspective

1606-PP-3Summer time fun for you might include hauling a trailer. It secures your ATV, boat, a second car, camper, horses or camping gear. Before you hit the road, make sure your trailer is properly insured.

Why do you Need Trailer Insurance?

Many states accept your auto insurance coverage when you haul a trailer behind your insured vehicle. Your homeowners or renters insurance policy may cover the items you haul. However, this coverage is typically only for liability. Plus, you face several risks when you haul your trailer on the road.

    • If you’re not used to hauling a trailer, your risk of causing an accident increases.
    • You may turn too sharply and damage someone’s property.
    • You could hit a slippery stretch of highway that causes your trailer to slide into another vehicle and damage it or push it off the road.
    • While unloading or loading your trailer, you could damage it or the item you’re hauling.

These and other accidents are possible. Trailer insurance adds valuable protection that gives you peace of mind as you travel.

What Type of Coverage is Available?

The type and amount of trailer insurance you need depends on your trailer’s type and size and on the value of the items you will haul. Typical trailer insurance provides several valuable coverages.

  1. Liability – Cover the costs associated with bodily injuries or property damages your trailer causes to other people or their property and belongings.
  2. Comprehensive – Repair your trailer if it is damaged from theft, vandalism, fire or weather.
  3. Collision – Repair your trailer if it is damaged during a traffic collision.
  4. Contents Coverage – Pay to replace damaged items that are stored on or hauled in your trailer.

How do you Purchase Trailer Insurance?

Talk to your auto insurance agent about trailer insurance. He or she will review your auto insurance policy’s current types of coverage and limits to ensure it’s adequate for your trailer. Your agent will also review your homeowners or renters insurance policy and ensure it covers the items you are hauling.

If your current policies are not adequate to cover your trailer and its contents, increase your coverage types or limits or purchase a separate policy. You may need to shop around for trailer insurance if your current agent does not carry it.

With trailer insurance, you can travel this summer with confidence. If your trailer causes property damage or bodily injury or if the items you haul are damaged, you can pay for the liability or repairs. Talk to your agent before your next trip to make sure you’re properly covered.

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