Although Workers Comp policies go by the official name of “Workers Compensation and Employers Liability,” it’s easy to overlook the “Employers Liability’ coverage, which protects your business against liability arising from physical injury and occupational illness claims that Workers Comp doesn’t cover. The Employers Liability section resembles a Commercial General Liability (CGL) policy, defending the employer against claims and paying the employee, dependents, or others in cases of employer negligence.
Consider these types of claims:
- Action-Over: Let’s assume that Curbside Concrete’s employee is injured in an accident while driving a company mixer and sues the other driver, who then sues Curbside, arguing that a defect in its truck caused the accident. Employees who use tools are especially prone to filing claims of this type: the employee sues the manufacturer of a tool that injured them on the job. The manufacturer then counter-sues the employer for negligence in failing to supervise the employees on the safe use of its tool.
- Loss of Consortium: A seriously injured or dead employee might have a relative or spouse who sues the firm for the resulting loss of normal relations with the disabled or deceased companion. This absence can affect a son or daughter with a mother or father who can no longer fulfill the proper role of a parent, as well as someone whose spouse’s sexual function has diminished.
- Consequential Bodily Injury: A worker’s injury has an adverse on one of their relatives. For example, after Joe suffers an injury on the job, his sister must now quit her job to drive him to the occupational therapist every day.
- Dual Capacity: A firm faces a suit beyond its role as the injured worker’s employer. Mike, the building maintenance worker, is injured while installing a basketball hoop in the company gym by a drill manufactured by his employer, Dynamic Drill, Inc. He files a suit against Dynamic as creator of the tool, not as the employer. A dual capacity claim allows Mike to circumvent the prohibition under Workers Compensation law against suing his employer.
These workplace occurrences are not far-fetched. Our Risk Management professionals would be happy to provide a thorough review of your Workers Comp policy to make sure that you have the protection you need.
Read more
This real-life case reinforces the need for every business to provide OSHA-required training, along with providing some type of Safety Services training.
A West Virginia company assigned a new employee – call him Jim – to drive a forklift, even though he had no experience or training in forklift operation “There’s nothing to it,” his supervisor told Jim. “It’s just like driving a car.” However, his first few weeks on the job turned out to be bumpy. Several times on each shift, while driving the forklift, he would knock things over. Although the supervisor warned Jim to be more careful, he continued to bump his way through the workday, leaving a trail of destruction wherever he went.
About three weeks after being hired, Jim’s supervisor instructed him to drive down a narrow aisle between two rows of stacked, loaded pallets. After objecting, Jim reluctantly proceeded down the aisle. His left foot, which was dangling outside the forklift where it shouldn’t have been, became pinned between the forklift and the wall of pallets. Jim suffered multiple fractures of the foot, together with a badly twisted knee; both injuries required surgery. Instead of going back to work, Jim went to court, filing suit against his employer and his supervisor for negligence.
His argument was clear: The company and his supervisor failed to provide safety training that could have prevented the accident. Jim’s attorney told the court that, although OSHA regulations mandated specific training, testing, and certification for forklift operators, the company had not trained, tested, or certified him. This meant that Jim should not have been operating a forklift – and if he hadn’t been doing so, the accident would not have taken place.
The Supreme Court of Appeals of West Virginia agreed, ruling there was sufficient evidence to prove that both the employer and the supervisor were negligent. When they hired the employee; they knew that federal law required proper training or certification of forklift operators. Allowing Jim to drive a forklift without proper training was an act of negligence.
The message: Failure to provide OSHA-required training is a huge mistake. Whenever you hire new employees or assign workers to new jobs with new hazards, make sure that they receive proper training from the get-go. Never allow an employee to operate dangerous equipment or perform any other hazardous job until they have completed the required training and demonstrated competence, as well as understanding the hazards and necessary precautions. Lastly, provide workers with some type of training in Safety Services, every bit of knowledge helps!
Read more
A business that has to close down completely while the premises are being repaired may lose out to competitors. A quick resumption of business after a disaster is essential. Having the right Business Insurance is what you need to think about!
- Business interruption insurance compensates you for lost income if your company has to vacate the premises due to disaster-related damage that is covered under your property insurance policy, such as a fire. Business interruption insurance covers the profits you would have earned, based on your financial records, had the disaster not occurred. The policy also covers operating expenses, like electricity, that continue even though business activities have come to a temporary halt.
- Make sure the policy limits are sufficient to cover your company for more than a few days. After a major disaster, it can take more time than many people anticipate to get the business back on track. There is generally a 48-hour waiting period before business interruption coverage kicks in.
- The price of the policy is related to the risk of a fire or other disaster damaging your premises. All other things being equal, the price would probably be higher for a restaurant than a real estate agency, for example, because of the greater risk of fire. Also, a real estate agency can more easily operate out of another location.
For more information on how to protect your Business with the right Business Insurance, visit our website today!
Read more
Mariah Carey takes out 1,000,000,000 Insurance policy on legs………….
That’s not a typo, folks. Mariah Carey recently took out a Personal Insurance policy for her Legs for one-billion dollars. The policy was taken out after Mariah was awarded Gillette’s “Legs of a Goddess” award and, according to a spokesperson, “the sum reflects her popularity.” To further reflect her legs’ popularity, Gillette had an extremely bizarre statue of her legs made to commemorate what must be the biggest award ever in the career of one of the best-selling female musicians of all time.
Was It Worth It?
Well, they are definitely nice legs, but just like Mary Hart, it’s not like Mariah Carey couldn’t do her job without them.
What’s important to you?
Read more
Never leave critical document such as passport, driving license where they could be taken or copied.
Think carefully about what information I provide, especially on sites that are public or that I don’t know exactly who they are.
Use adequately strong passwords, and don’t write these down and leave next to the computer!
Use an alias if need to provide information to gain access on a site about which I am unsure. That is Risk Management!
Keep a regular watch on bank accounts etc to spot early signs of any problem. Keep resources spread across several accounts to reduce risk that all are compromised at once!
Risk Management is a crucial part of any business. Please visit our website for more information about risk!
Read more
Right now you probably do not have a lot of financial obligations and probably do not need much in Life Insurancecoverage, but you will. Right now you like most 20 year olds are probably burning through enough money in a month in waste spending that you could in fact buy a very attractive WL policy so that when you do need it, you will have it! You will have already accrued much cash value, locked in on a younger age premium and more.
Some more points to consider WL premiums can be structured to go down over time. Term is guaranteed to go up! (For the “buy term invest the difference” crowd) WL has guaranteed cash values the market has NO guarantees! WL has a waiver of premium that says even if you buy insurance today and get perm disabled tomorrow, you will never have to pay your premiums again and the policy will stay in force and the cash value will still grow.
Visit our website today to find out how Scurich Insurance Service can help you with your Life Insurance needs!
Read more
