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7 years ago · by · 0 comments

New California Workers Compensation Laws – What’s Changing?

Assembly Bill No. 2883 was approved and filed August 26, 2016 and it’s causing quite a disruption with existing businesses. The bill focuses on revising the exceptions as what a defined “employee” is considered. The existing law states that officers and directors of a private corporation, and working members of a partnership or LLC were not required to be covered under the company workers compensation policy unless they opted to be covered.

However, the Assembly Bill No. 2883 revises the exceptions so that a director or officer is required to be covered under the company policy. There is still a, albeit narrow, definition of exclusion, but if they do fall under this exclusion they can only opt out if they sign a waiver under penalty of perjury and file it with the company insurer. The officer and director must own at least 15% of the issued/outstanding stock or a general partner, partnership or managing member of an LLC to be considered exempt.

The specific changes were put in place to discourage companies from abusing the previous exemption. Many companies were listing all employees as directors or officers to avoid having to purchase workers compensation insurance. By requiring the waiver to be signed under penalty of perjury, they hope to ensure employees are properly covered and protected in the event of a work-related injury.

The new bill affects all polices that will be in effect on or after Jan 1, 2017 including policies in force any time after this date.
For more information on this new bill or to review your current workers compensation policy, contact us today at 831.661.5697.

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9 years ago · by · 0 comments

When Is it Dangerously Hot to Work?

High heat and construction work are simply not compatible. Yet, the work must get completed. Workers must wear protective clothing and gear which diminishes the body’s capacity to shed heat. This fact combined with high heat creates specific exposures which require vigilant monitoring.

Short-term exposures to heat and humidity:

  • Prevention: Drink plenty of water – a good test is the employee must urinate every three hours at a minimum, two hours is better. If they do not need to urinate, they are not getting adequate fluids. Wear breathable clothing such as cotton. Work in the shade or indoors as much as possible, take frequent water breaks in the shade.
  • Heat exhaustion: the stage prior to heat stroke when many symptoms from dehydration can be noticed. Any dizziness, nausea or vomiting, cramping, or sudden weakness requires immediate attention. Headaches, blurred vision or unusual fatigue can be signs of heat exhaustion. Rest the worker in the shade, loosen tight clothing and provide water. Observe the employee for several minutes. If they quit sweating or any symptom becomes worse, or they breathe rapidly or have a quick pulse, seek emergency medical help immediately.
  • Heat stroke: LIFE THREATENING. Add these to the heat exhaustion symptoms:
    • Hallucinations, confusion, disorientation, illogical behavior
    • High body temperature, red or pale skin, difficulty breathing
    • Unconsciousness or coma

Seek immediate professional help for these symptoms.

Bacteria carrying insects love this weather. Lyme disease and West Nile Virus are not uncommon. Prevention includes spraying mosquito deterrent and checking for ticks.

Long-term exposures include skin cancer. Wear protective clothing and use sunscreen.

Common sense goes a long way to prevent over-taxing workers. If a concrete pour is scheduled for an extremely hot day, postpone. You’ll spare your employees heat related discomfort, and the odds of getting the concrete in before it sets is remote at best.

Remember your machine operators too. Check on them throughout the day and carefully observe their performance. Any signs of erratic behavior needs to be addressed immediately. Even air conditioned cabins can create dehydrating condition in the hot sun.

If you want your crew working Friday, you need to supply plenty of water and shaded rest breaks Monday through Thursday. The body can only take so much heat.

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9 years ago · by · 0 comments

Tips to Prevent Workplace Injuries

Scurich Insurance Services, CA, Workers CompensationAccording to the California Occupational Safety and Health Act of 1973, every employer in the state is legally obligated to provide a safe workplace that is free of hazards. As part of that regulation, each employer is also required to have an Injury and Illness Prevention program. The following are practical tips that can be implemented to help reach the above goals.

Use Personal Protective Equipment

Depending on the job, there are different types of personal protective equipment that are a necessity to keep employees safe. Goggles are a must in any workplace environment that involves dust, chemicals or other objects that could injure the eyes. In workplaces where heavy objects could fall on the heads of employees, hard hats must be provided. Steel-toe shoes are also mandatory if the environment includes hazardous and heavy materials that could injure the feet.

It should be noted that simply making the equipment available is not enough. Employees must be properly trained on its use and must not be cleared for work in areas where such equipment is needed until they are fully trained.

Keep the Workplace Tidy

Clutter and debris can seem like the norm for a workplace but they can increase the chances of an accident. Employers need to ensure that there are an adequate amount of space to store items neatly. Spills should be cleaned up immediately to help prevent falls or reported to the right person so that they are taken care of as soon as possible.

Ensure Company Vehicles are in Good Working Order

Many people are injured while driving company vehicles each year. Each month, a visual inspection, as well as one that test the working order of items such as turn signals, should be completed. If repairs are needed, they should be taken care of as soon as possible.

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9 years ago · by · 0 comments

How to Deal With Visitor Injury in the Workplace

visitoraccidentMost states demand that businesses, regardless of size, take every reasonable action to keep their premises safe for employees and visitors. The definition of visitors is fairly loose. Basically, it is anyone not employed by the business and covered by its workmen’s compensation insurance policy. 

This means that clients, customers, delivery persons, repair persons, outside maintenance contractors and anyone who comes to the business premises needs protection from foreseeable dangers. 

There are different types of people who come into a business and each has a different level of required care for its class of visitors. 

Invitee 

This is a person whose invitation is explicit (by appointment, for example) or implicit (a customer looks at the goods and services for sale in a shop). A business owner’s duty to an invitee is to exercise ordinary care and make the property generally safe without any dangerous conditions. 

Licensee 

A licensee in not an invitee or trespasser. An example of a licensee is a party who enters the premises for their own convenience or gratification. Think of a person ducking into your entryway to avoid the rain. The duty of care is far less than for an invitee, and the business is only liable to a licensee for willful and malicious harm. 

Trespasser 

This group of people enter the premises lacking an implicit or explicit invitation. They come on the business property for their own enjoyment or benefit. The only duty of a business owner is a negative one – the business cannot build any mantraps the willfully and maliciously causes a trespasser harm. Many states have an exception to this limited responsibility; if the business anticipates, suspects or knows of the presence of a trespasser it must exercise ordinary care and avoid inflicting injury on a trespasser through any kind of active negligence. 

Common Workplace Visitor’s Injuries 

Slip and Fall Accidents 

These are the largest cause of visitor injuries. Injuries happen when a visitor trips, slips or falls and suffer injuries. These accidents often stem from things such as uneven floorboards, electrical extension cords crossing aisles or doorways, spills or liquids on the floor, and poorly installed carpet or carpeting that has tears or rips. 

Negligent Security 

It is normal that businesses have a duty to their invitees to make sure they are safe from foreseeable. A business is liable for the criminal acts of a non-employee when the business fails to keep the premises safe from criminal activity. Usually claims of negligent security stem from places such as: 

  • Hotels
  • Motels
  • Parking garages
  • Apartment complexes

Businesses in high-crime areas (a parking garage in such an area needs adequate lighting, video cameras and warning signs that video surveillance is ongoing, and other security measure as needed. 

Attractive Nuisance 

This is a legal doctrine that applied mostly to children, even if they are trespassers. Hotels with outdoor pools need adequate fencing, a pool cover, locks and lighting, as the pool is attractive for kids to try to use after trespassing. 

Defective Property Conditions 

Businesses are often liable for dangerous or defective conditions. These include faulty elevators, faulty escalators, crumbling stairways and more. 

Speak with your business insurance advisor about these risks and how to protect yourself, your business and employees from legal liability for them.

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9 years ago · by · 0 comments

Workers Compensation – What Determines My Premium?

Scurich Insurance Services, CA, Workers CompensationIn California, nearly all employers – even those who have only one employee – must provide workers’ comp insurance. However, there could be exceptions for farm workers or family members. While such insurance is often viewed as being a vehicle that protects and serves the employee, having this insurance also prevents the employer from being sued if a worker is injured during the course of their job duties. This helps to protect the long term health of the business. Employers in California are responsible for paying the full cost of the premium for workers’ comp insurance.

Although the factors that determine the premium that must be paid are variable, there are three primary ones: the business classification code, the business’ safety record and its experience modification.

  • The business classification code is a code or a combination of codes that describes your business operations. Restaurants, for example, have different risks than construction companies and hair salons, though they do share some of the same issues as well. The higher the risk for injury to employees while on the job, generally the higher the premium the employer faces.
  • A business’s safety record that reflects compliance with industry standard safety practices involving equipment and procedures will reflect favorably on its premium. Conversely, a poor safety record or a company that is out of compliance with OSHA regulations will likely face higher premiums until the issues are addressed for several billing cycles.
  • The experience modification involves the number of claims against the workers’ comp insurance. The fewer the claims against this
    insurance, the lower the premiums will drop over time while more claims will increase the cost of workers’ comp.

Other factors that are often used to determine the cost of an employer’s workers’ comp insurance. These include special dividend or group programs the business might be eligible for as well as underwriting adjustments that are out of the ordinary such as using a health care organization that is certified.

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9 years ago · by · 0 comments

Do I need Workers Comp Insurance? Employees vs No Employees

Workers’ comp insurance is designed to cover employees should they become injured or sickened while on the job. It protects employees from being responsible for covering medical expenses for accidents and injuries that occur while they are working. Workers’ comp also protects employers by ensuring that they cannot be sued for payment of medical expenses by their employees.

Workers’ Comp Insurance Basics

In California, the law is pretty clear about the responsibilities of the employer when it comes to providing workers’ comp insurance. Even those companies who have only one part-time employee are required to have such insurance.

The penalties for not providing workers’ comp insurance are fines up to $10,000, sentencing to the county jail for not more than one year or both. California can also levy additional penalties of up to $100,000 against uninsured employees. Employers are required to bear the full cost of this insurance.

Is Workers’ Comp Required if There are no Employees?

California does not require you to have workers’ comp insurance if you are self-employed. However, while it is not required, it does not mean that such insurance is not a wise investment – not only for your own health but also for the health of your company. Think about the consequences of an injury that causes you to be unable to work.

If you are the sole employee of your business and you become injured while performing your job duties, it could spell disaster for the long term viability of your business. Common injuries such as those incurred as the result of a car accident or during a slip-and-fall could result in you being unable to fulfill your job duties. Without workers’ comp insurance, you might find it difficult to keep your business afloat while you are recuperating. You could also find yourself struggling to pay your personal bills as well.

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Scurich Insurance Services
Phone: (831) 661-5697
Fax: (831) 661-5741

Physical:
783 Rio Del Mar Blvd., Suite7,
Aptos, Ca 95003-4700

Mailing:
PO Box 1170
Watsonville, CA 95077-1170

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