You need Employment Practices Liability insurance (EPLI) to protect you from lawsuits filed (justly or unjustly) by anyone who you employ, have employed, or even considered employing.
Before you buy this essential coverage, be sure to ask these questions:
- Who is insured? This should include the company as an entity, along with officers, directors, and every type of employee (full-time, part-time, temp, leased, loaned and seasonal). The importance of this becomes clear if you’re ever sued for a sexist slur made by temporary receptionist to a job applicant.
- What claims does the policy cover? You want coverage for every eventuality: monetary damages, all types of legal proceeding from criminal to regulatory, settlements, judgments, lost pay, defense fees and punitive damages.
- How does the policy define “wrongful employment practices” beyond the obvious (sexual harassment and racial discrimination)? Make sure that you have coverage for violations of federal, state, local and common law on employment discrimination;, deprivation of career opportunities; defamation; retaliation, negligent job evaluation, and failure to have an acceptable written employment policy.
- What does the policy exclude? EPLI should include wrongful practices that might have taken place before you bought coverage – so you don’t have to worry about a suit by that disgruntled vice president you fired three years ago for pilfering paperclips.
A word to the wise: use EPLI as a last line of defense. Risk management for your business should include diversity and sensitivity training. The U. S. Equal Employment Opportunity Commission offers a wealth of free training resources, guides, compliance information, and links to free training throughout the nation.
As always, we stand ready to offer you our professional advice, free of charge.
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You’re facing a deadline to complete work under a major contract – when a voltage spike surges through your electrical lines, burning out computers and telephone equipment. How would you pay for replacing or repairing the damaged equipment, taking the steps needed to get back in production, and replacing lost income?
In today’s high-tech electronic world, more and more companies are buying Equipment Breakdown policies (formerly known as Boiler & Machinery insurance) to protect themselves against losses from a variety of mishaps that are sometimes unpredictable and often unavoidable: everything from mechanical failure or electrical short circuits to “arcing” (faulty wiring or motor burnout. The rapid growth of Internet marketing and “just in time” inventory make businesses more dependent than ever on computers – while critical data often exists only on the Internet or online databases that can’t be accessed when equipment breaks down.
Depending on their size and sophistication, some businesses include this coverage in their Property insurance, while other purchase it as an endorsement to the policy.
A comprehensive Equipment Breakdown policy should include:
- Reimbursement for the cost of repairing or replacing damaged equipment (Some policies also cover green construction, disposal and recycling methods)
- Replacement of income lost from downtime (“Business Interruption” or “Service Interruption” coverage)
- Assistance from your insurance carrier, ranging from maintenance guidelines and checklists and crisis planning templates to identifying sources for repairs, unusual parts, or replacement equipment that can be obtained quickly.
Our Business insurance experts would be happy to help you obtain a cost-effective Equipment policy that’s tailored to your needs. Just give us a call.
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Unfortunately, many small businesses ignore business continuity planning – perhaps because this seems so simple that they just don’t need to do it. Here are five basic (and cost-effective) steps you need to take before disaster strikes:
- Define who’s in charge. Because you might be unavailable after a disaster – injured, ill, on vacation, etc. – designate an order of succession to avoid confusion and unclear responsibility during the recovery process.
- Avoid a communication breakdown. Normal communication infrastructure might be disabled after a disaster, so make sure you have alternatives for employees, customers, clients, key suppliers, and subcontractors. At a minimum, have phone numbers (landline and cellular), and e-mail addresses. Don’t rely on outdated, unreliable methods such as phone communication trees. Use a voicemail system supported by a vendor with communication equipment offsite. Don’t forget to consider backup power needs.
- Perform data backups. Be sure to make duplicate copies of data regularly, with one copy at a location that’s easy and inexpensive to access.
- Have a Plan B. if your facility is destroyed or access is denied by civil authorities, can you conduct certain business operations from home or a local hotel? For example, what steps can you take to replace computers and retrieve data?
- Make sure you have enough insurance. In a worst-case disaster scenario (major fire, windstorm, civil disorder, etc.), you might well lose your business assets and face a period of downtime – zero cash flow. Insurance can keep you afloat until you’re back on your feet.
We stand ready to help design a comprehensive, cost effective program that can make your business less risky.
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Misuse of powerful prescription painkillers, whether intentional or accidental, is a rapidly growing threat to employers throughout the nation.
Opioid overdoses caused more than 16,000 deaths in 2010, the latest year for which data is available; and about 12 million people use prescription painkillers for nonmedical reasons. In addition to the human tragedy, opioid addiction creates a significant financial problem for both businesses – in terms of lost productivity – and their insurance companies. Nonmedical use of prescription painkillers costs Health insurers more than $70 billion a year; while narcotics prescriptions account for one-fourth of Workers Comp prescription drug expenses (costs that ultimately come out of employers’ pockets).
Government plays a significant role in dealing with this problem. The federal Department of Health and Human Services regulates Opioid Treatment Programs (OTPs) through the Division of Pharmacologic Therapies. On the state level, for example, California has followed the lead of Washington State by devising treatment guidelines to curb over-prescription and abuse of opioids. These measures include limiting opioid prescriptions to six weeks after surgery or injury and using non-opioid painkillers as a preliminary pain management measure in non-acute cases.
However, these regulatory or legislative efforts can only go so far. No employer can afford to ignore the issue of opioid abuse among its workers – and your Workers Compensation manager is well-positioned to intervene in these cases by implementing a risk management plan that:
- ensures that patients are treated early and effectively;
- monitors and manages opioid prescriptions;
- uses predictive modeling to tag potentially severe claims;
- requires physician peer reviews for opioid prescriptions;
- uses drug testing and screening workers prescribed with drugs;
- provides post-addiction help; and
- phases workers back into their jobs
We stand ready to offer our advice at any time.
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A revision to the formula for calculating Workers Compensation rates is saving premium dollars for companies in a large number of states since the first of this year.
The change involves the experience modification (“mod”), the premium credit or debit that businesses receive for their claims experience. The mod compares your claim experience to that of other firms in your industry; if your experience is good, you’ll get a premium credit if not, you’ll receive a debit.
What has changed is the “split point” between the primary and excess portions of a claim. This value is important because the primary portion of each claim has a far larger impact on predicting an employer’s mod than does the excess portion. For the past two decades, the split point has been $5,000. However, inflation has both eroded the primary/excess split point and hurt its predictive power; the mod doesn’t give enough credit to good experience and doesn’t penalize poor experience enough. The change raises the split point to $10,000 in 2013, $13,500 in 2014, and an estimated $17,000 in 2015.
In 26 of the 38 states that have approved the new formula, a survey of more than 75,000 businesses by the National Council on Compensation Insurance found that 62% of them will see their rates fall by 5% or less this year. Another 11% will enjoy decreases of 5% to 10%, while rates will stay unchanged for 4.5%. Fewer than one in four (22.5%) – mostly larger businesses – would see a rate increase.
Our Workers Comp specialists would be happy to discuss the revised experience mod formula with you – and make sure that you enjoy the cost savings that it can provide. Feel free to get in touch with us at any time.
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Nearly six million traffic accidents occur in the U.S. every year – more than 16,000 a day (or one every 10 seconds).
If your company owns, operates, or uses motor vehicles – or if you have employees who use their cars for business purposes – you need Commercial Auto Insurance to provide financial protection against losses from mishaps that occur behind the wheel.
This valuable policy provides these coverages:
- Bodily Injury Liability pays the cost of bodily injury to others from accidents for which you are responsible. If you’re sued, it also pays your defense and court costs.
- Property Damage Liability picks up the tab for property damage to others for which you are responsible, as well as defense and court expenses.
- Personal Injury/Medical Payments usually covers medical and funeral expenses for bodily injury from an accident that involves an insured vehicle.
- Collision pays for a covered vehicle that is damaged by a collision with another vehicle or object.
- Comprehensive Coverage pays for a covered auto that is stolen or that is damaged by causes other than collision or reckless driving.
- Uninsured/Underinsured Motorists covers injuries and, in some cases, property damage, when you’re involved in an accident with another person who either doesn’t have Auto Insurance or carry enough coverage.
Before you purchase or renew your Commercial Auto Insurance ask yourself these questions: 1) how much Liability Coverage you should buy, and 2) how large of a deductible should you choose?
We’d be happy to help you choose the most cost effective policy for your needs. Just give us a call.
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