Society is different than it was just a few decades ago. It has become contentious. Even a small accident that occurs, with seemingly no one at fault, can result in a large legal endeavor. When that happens, insurance companies enter the fray.
General Liability Insurance Defined
In short: General Liability Insurance is for most types of businesses where there may be instances of bodily harm, injury, and damages inside the business property that were caused due to owner or employee negligence. General liability insurance is dynamic coverage that includes anything from personal injury on the job to product misuse or malfunction.
This type of insurance is vital. Most savvy business owners and new business consultants will tell you that you don’t start a business without some form of general liability insurance. This type of coverage protects your from legal actions, such as suing, for occurrences that may or may not have been caused by you or an employee of your business.
Mitigating Liability Risks at Work
There are ways to mitigate these kinds of circumstances, however:
- Always ensure that quality and product control are handled to the highest standard by employees who are well trained and take their task seriously.
- Keep accurate data of all company records.
- Ensure that your employees are well trained and informed on all safety procedures and protocols that are necessary within the business.
- Never “sit on” an accident report that may result in a liability claim. Always ensure that you make all parties aware as soon as it happens.
However, those are only mitigating factors. You can never ensure or guarantee that something will not happen in the workplace which you and your business may be found liable. That’s why general liability insurance is so important. It is the “front line” of liability defense. While other types of coverages, such as cyber-security insurance and commercial property insurance, cover very specific terms, the general liability insurance has a wider umbrella of protection.
Source: http://sba.gov/blogs
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The federal Fair Labor Standards Act forbids an employer from firing a worker because he filed a complaint accusing the employer of violating the law. It doesn’t say whether the employee’s complaint must be in writing. What if the worker complains verbally but never makes a written complaint? Does the FSLA’s prohibition against firing him still apply? That was the question the U.S. Supreme Court faced in a case it decided in March 2011.
Kevin Kasten, following the instructions in the employee handbook, told his supervisor that the location of the company’s time clocks might be illegal because it prevented workers from getting credit for the time they spent putting on and removing their protective work gear. (The FSLA requires employers to pay workers for this time.) Getting no response from his supervisor, he also complained to human resources staff and told them that he was contemplating a lawsuit. Eventually, the employer fired him. He claimed that he was fired for complaining about the location of the time clock; the company said it was because he repeatedly failed to punch in and out on the clock despite several warnings.
Kasten sued the company for illegal retaliation. The trial and appellate courts, while accepting his version of what happened, ruled in favor of the employer. The FSLA, they said, requires employees to make written complaints to their employers about possible violations, but Kasten made all his complaints verbally. Kasten appealed to the U.S. Supreme Court, which ruled in his favor.
Writing for the six-justice majority, Justice Stephen Breyer said, ” … (A)n interpretation that limited the provision’s coverage to written complaints would undermine the (FLSA’s) basic objectives … Why would Congress want to limit the enforcement scheme’s effectiveness by inhibiting use of the Act’s complaint procedure by those who would find it difficult to reduce their complaints to writing, particularly illiterate, less educated or overworked workers?” He also noted that the federal Department of Labor has for decades held that the law’s requirements include oral complaints, even going so far as to set up hotlines for employees to make complaints.
Moreover, Breyer pointed out that other laws, regulations and court decisions have used the word “filed” in connection with oral complaints. He particularly noted that court decisions at the time Congress enacted the FLSA used “filed” with oral complaints. “Filings may more often be made in writing … But we are interested in the filing of ‘any complaint.’ So even if the word ‘filed,’ considered alone, might suggest a narrow interpretation limited to writings, the phrase ‘any complaint’ suggests a broad interpretation that would include an oral complaint.”
Justices Antonin Scalia and Clarence Thomas disagreed (Justice Elena Kagan recused herself from the case). In a dissenting opinion, Scalia argued that the FSLA forbids discrimination against a worker if that worker has filed a complaint with a government agency. He pointed out that every other use of the word “complaint” in the FSLA refers to an official filing with a government entity. Further, he said that the phrase “filing any complaint” appears alongside other activities that involve interaction with a government entity. Because Kasten complained only to his employer and not to a government agency, Scalia said, he was not protected by the law’s anti-retaliation provisions.
The dissents notwithstanding, employers should be aware that this decision protects workers from retaliation for making oral complaints to their employers. Businesses should create and implement policies stating that employees who make such complaints will not suffer retaliation. Since Employment Practices Liability insurance policies cover employers for retaliation claims, insurance companies will expect employers to take steps to make these claims less likely.
Content provided by Transformer Marketing.
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In today’s “litigation society,” you face lawsuits that could cripple your bottom line – or even put you out of business – based on anything from a fire on your premises to an allegation of libel by a competitor.
Commercial General Liability (CGL) insurance provides financial protection against damage or injury caused by something that your business did, or perhaps didn’t do.
Your CGL policy covers a variety of exposures:
- Premises and Operations Legal Liability pays for injuries or property damage on your premises, as well as those that occur outside your place of business.
- Products and Completed Operations Legal Liability covers injury or property damage resulting from someone using your products, or real or alleged faults as a result of work your business has completed.
- Fire Legal Liability pays for injuries and damage from fires for which your business is responsible or that started due to your negligence.
- Personal and Advertising Injury protects your business against litigation alleging libel, slander, or invasion of privacy.
- Host Liquor Legal Liability will pay for lawsuits from hosting a party or special event at which you serve alcohol and intoxicated people cause injuries or property damage.
- Medical Payments covers bills when your customers, suppliers, or visitors suffer bodily injury on your premises, or resulting from your operations offsite.
To learn more about this essential coverage, just give us a call at Scurich Insurance Services today!
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