Auto Repair

5 Insurance Coverages every Auto Repair Business Should Have

Auto Repair Shops offer a wide variety of mechanical services. These services may include from engine repair and tune-ups. Some businesses specialize in a specific type of sales and repair, like tires, transmissions or brakes. Normally, auto repair shops do not specialize in body work or painting operations. These services are typically performed by specialized professionals. Some operations include the retail sales of automobile parts and tools. Some repair shops are a part of a gasoline or diesel fuel sales operation, or part of an automobile dealership. Each type of operation has its own unique risks and its own unique insurance needs. Here are 5 coverages every auto repair shop owner should strongly consider, in order to properly protect their business.

Auto Repair Shop

 

✓ General Liability Insurance
✓ Garage Keepers Liability
✓ Commercial Auto
✓ Hired and Non-Owned Auto
✓ Workers Compensation Insurance

General Liability

General Liability Exposure can come in many different forms. Like many industries the risk begins with slips, tips and falls by third parties on your premises. This risk starts primarily due to public access to the businesses facility. Risks also arise from having cars parked overnight in the parking lot of the facility.  These areas should be well lit and an ongoing relationship with local law enforcement is advisable.

Garage Keepers Liability

Garage Keepers Liability is usually worded as, “a form of bailee liability designed to cover damage to autos belonging to others while in the insured’s care”. In layman’s terms this is an insurance policy for the liability a business might face related to cars that are stored at their facility for multiple days.  These are other peoples cars that your business is performing a service on that is not able to be completed in one day.

Commercial Auto

Commercial Auto Insurance is needed if your business owns its own vehicles and employees use the vehicle for business purposes. If you own and operate vehicles at your business, it is important to properly train all people who are going to be operating the vehicles. Collecting and documenting these employees motor vehicle records is recommended. Both the training program you have in place and the vehicle records you collect need to be well documented for when you quote new coverage and when a claim arises.

Hired and Non-Owned Auto

Hired and Non-Owned Auto Risks mainly arrive from employees running errands for the business.  If you have employees partaking in these types of activities, all drivers should have valid licenses and their motor vehicle registrations regularly checked. Have these records documented can help you independent insurance agent save you when quoting coverage.

Workers Compensation

Workers Compensation Insurance risks can be significant for auto repair shops. Employees are at risk when performing brake tuning, welding or other repair work. These activities should take place only with appropriate safety equipment. Lifting of a vehicle by hoists, jacks, and other mechanical means can result in injury should the equipment malfunction. Lifting by non-mechanical means can result in back injury, sprains, strains or hernias. Having a documented policy in place for how employees are supposed to do these activities is crucial to prevent injured employees.

Auto Repair Shop Insurance Information at My Insurance Question.

Here are the most common commercial insurance classification codes for auto repair shops.  

SIC Business Insurance Codes:

  • 7533: Automotive Exhaust Repair Shops
  • 7538: General Automotive Repair Shops
  • 7532: Body, Paint and Upholstery Repair

NAICS Liability Classifications:

  • 811111: General Automotive Repair
  • 811112: Automotive Exhaust System Repair
  • 811113: Automotive Transmission Repair
  • 811118: Other Automotive Mechanical and Electrical Repair and Maintenance
  • 811121: Automotive Body, Paint and Interior Repair and Maintenance
  • 811122: Automotive Glass Replacement Shops
  • 811198: All Other Automotive Repair and Maintenance

Business ISO General Liability:

  • 10072: Automotive—Quick Lube
  • 10073: Auto Sales, Repair and Service
  • 10075: Automotive Repair Shop—Self Service

Common Workers Compensation Class Codes:

  • 8380: Auto Repair
  • 8393: Auto Body Repair or Paint Shop
  • 9516: Auto Shop—Radio and Equipment

Here is a great video about Auto Repair Shops and Workers Compensation Insurance  from our partners at Employers.

 

Help is on the way in Florida

Not much good news has come out of the state of Florida for the past month. If there ever was a state that needed some good news it is the state of Florida. Well yesterday the business community got some much needed relief in the form of an announcement by the National Council on Compensation Insurance (NCCI). The announcement recommends the Florida Office of Insurance Regulation (FLOIR) to decrease Florida Workers Compensation Insurance Premiums by 9.6%.

Florida Workers Compensation Insurance

A 9.6 % rate decrease has been proposed by NCCI for Florida Workers Compensation Insurance Premiums.

The rate decreases on Florida Workers Compensation Insurance will not be across the board. Some industries will see larger increase than others. According to FLOIR and first reported by the Insurance Journal rate level changes by industry group are as follows:

  • Manufacturing: -10.3 percent
  • Contracting: -6.9 percent
  • Office and Clerical: -11.3 percent
  • Goods and Services:-10.4 percent
  • Miscellaneous: -8.1 percent

This is good news for business owners in Florida because, the workers compensation system in Florida has been in flux for more than a year.  About a year ago NCCI recommended a 17.1 % increase on workers comp rates last August.  The amount of increase that eventually went through was 14.5 %. This increase was in response to three main issues.  Those issues were 2 court cases and a state senate bill (Castellanos vs. Next Door Company, Westphal v. City of St. Petersburg and Senate Bill 1402).  

Castellanos vs. Next Door Company was a court case that involved Marvin Castellanos who was an injured employee who sued Next Door Company. This court decision ruled invalid a previous court ruling from 2009 which put in place a mandatory attorney fee schedule.  The overturn of this ruling meant judges no longer have to stick to the mandatory fee schedule and now can award additional compensation for attorney’s fees.   Insurance carriers anticipated this to cause them to pay out more in the future and resulted in additional premiums.

Westphal v. City of St. Petersburg was a case that found  the 104-week statutory limitation on temporary total disability benefits to be unconstitutional.  The Florida Supreme Court reinstated a 260-week limitation.  This Increased the amount of time an injured employees will get partial salary benefits by an additional 156 weeks.  This additional 156 weeks of coverage caused the OIR to approve an average increase of 2.2 percent statewide.

Senate Bill 1402 caused the additional 1.8 percent increase on premium for workers’ compensation was related to updates within the Florida Workers’ Compensation HCPR Manual. This increase was approved as part of Senate Bill 1402.

The decrease proposed this week reflects frequency and experience data that pre-dates the Castellanos and Westphal decisions. Data regarding the impact of Castellanos and Westphal will continue to mature and will more than likely be reflected in future rate filings. For now Florida will experience a much needed decrease in workers compensation insurance premium.

 

Your Experience Modification Rating Explained

A simple and concise explanation of your businesses Experience Modification Rating.

Experience Modification Rating

Understanding your experience modification rating is important, and can help reduce insurance premiums for workers compensation insurance. The experience modification rating goes by a variety of names including experience mod, experience rating, e-mod, EMR, and sometimes just the mod.  It is a factor that compares your business’ losses with other businesses in the same classification, and has the ability to increase or decrease your premium cost.  The experience rating is used to customize the insured’s premium to better suit the characteristics of a certain employer or risk.  It is found on the Experience Modification Rating Worksheet that you will receive each year before your policy effective date.  An experience rating of 1 is considered a unity mod, and does not change the cost of premium.  A rating that is >1 is called a debit mod, and would increase the cost of premium.  On the flip side, a mod that is <1 is referred to as a credit mod, and would reduce the cost of insurance to the employer.  So if an employer has a mod of 0.80, their premium would be 20% cheaper.  The idea being that an insured with a mod that is >1 is riskier than the average, and should therefore have to pay more.  While an insured with a mod that is <1 is less risky than the average, and should be rewarded by paying less. 

Manual Premium Experience Modification Rate Premium charged to employer
Employer 1 $250,000 .75 $187,500
Employer 2 $250,000 1.00 $250,000
Employer 3 $250,000 1.25 $312,500

As seen above, a credit mod (E-Mod value is <1) provides the employer with a cheaper premium.  While a debit mod causes the employer to pay a higher premium, and the unity mod causes no change in premium at all.  This change in premium provides incentive for employers to reduce and control losses in order to lower their experience mod.

Who calculates the employers experience modification rating?  The experience mod factor is generated by the National Council on Compensation Insurance (NCCI).  The mod is generated 60 to 90 days before the rating effective date, and therefore doesn’t use the current policy in the calculation.  The NCCI uses a period of three years of loss experience and compares it to the average losses in the class.  The time period that is used for data is determined by the risk’s rating effective date.  The data that is used in the experience modification rating calculation will include the policies that have an effective date that is no less than 21 months prior to the rating effective date, and no more than 57 months before the rating effective date.  In other words, policies that begin within 21 months and 57 months before the rating effective date will be used in the calculation.  For example, a policy that renews on 1/1/17 would include policies with effective dates that fall between 4/1/12 and 4/1/15.  Therefore, the policies that would be included in the data for the experience mod would be the 1/1/13-1/1/14, 1/1/14-1/1/15, and 1/1/15-1/1/16 policies.

As of 2017, the NCCI’s Experience Rating Plan manual for Workers Compensation and Employers Liability Insurance (the “Plan”) is currently approved and authorized to use in 39 jurisdictions.  Right now the Plan applies to Indiana, Massachusetts, and North Carolina, however these states have bureaus that produce their own intrastate ratings.  An “intrastate” rating refers to a risk that is only in one state that uses the Plan.  By contrast, an “interstate” rating refers to a risk that is located in two or more states that use the Plan.  Minnesota, New York, and Wisconsin have also authorized the use of the Plan, but only on an interstate basis.  The Plan does not apply to California, Delaware, Michigan, New Jersey, Pennsylvania, North Dakota, Ohio, Washington, and Wyoming.  These states administer their own plans and produce their own rates.  However, since insurance is regulated on a state-by-state basis, the states that currently approve or disapprove the Plan are always subject to change.

 Find the anwers to your most difficult questions about your businesses Experience Modificaiton Rating at MyInsuranceQuestion.com

The experience modification rating is a mandatory plan if the insured is qualified.  In order to qualify for an experience rating the insured must have paid a minimum amount of premium determined by the state within the most recent 24 months of the rating period, or have reached an average amount of premium that meets the established threshold over the entire rating period.  For example, the state of Florida requires that an employer must pay at least $10,000 in premium within the last two years, or have paid an average of $5,000 over the entire rating period. 

Employer 1: Employer 2: Employer 3:
2015 – $7,000 2015 – $4,500 2015 – $4,000
2014 – $3,500 2014 – $4,100 2014 – $5,000
2013 – $2,000 2013 – $6,500 2013 – $4,500
Qualification requirements are met in the two most recent years. ($7,000+$3,500= $10,500) Qualification requirements are met by averaging the premium over 3 years. ($4,500+$4,100+$6,500)/3= $5,033 Qualification requirements are not met.

In this example, Employers 1 and 2 would be required to apply an experience mod to their manual premium, and Employer 3 would not qualify.

The difference between claim severity and frequency.  When referring to an employer’s loss history, the terms severity and frequency are often brought up.  Severity meaning how severe, or how expensive a single loss is, and frequency meaning how often claims occur.  When calculating an experience mod, the NCCI assigns more weight to high frequency claims than it does to high severity claims.  The logic being that if the insured has a history of a high frequency of claims, then there is a good chance the insured will continue to have losses.  Also, having a high frequency of claims increases the chance that the insured will experience a larger loss in the future.  In other words, frequency leads to severity.  However, if the insured only has one claim with a high severity, there is a good chance that it was a more uncommon accident or injury that is unlikely to occur again.  The NCCI gives more weight to the frequency of claims by using the Split rating system.

 

Split Rating. NCCI uses split rating to divide losses incurred by a claim into Primary Losses and Excess losses.  This is done so that the frequency and severity of claims can be weighted properly.  Primary losses represent frequency, whereas excess loses represent severity.  In the calculation of the experience modification rating, primary losses are weighted more than excess losses.  However, the excess losses shouldn’t be ignored as they can be a very large amount.  The NCCI uses a ratio called the Discount Ratio (D Ratio) to find the expected primary losses by multiplying the expected losses by the D Ratio.  To find the expected excess loss, they multiply the expected losses by 1 – the D Ratio.  When finding the actual primary losses, as of 2017 the NCCI considers the first $16,500 of a claim to be the actual primary loss, and anything leftover to be the excess loss.  If the claim is less than $16,500, the entire claim is considered primary loss.  The amount of money that is used as the cutoff point for primary losses is referred to as the split point.  The split point is a value that is subject to change.  In 2013, the split point was increased from $5,000-$10,000, and by 2017 it has climbed to $16,500 where it stands today.  The split point will continue to change in the future based on inflation and loss data.

 

The experience modification factor is calculated by taking the total adjusted actual claims divided by the total adjusted expected claims of your class.  So if you have more actual claims than what is expected of your class, the mod will be >1 and you will receive a debit mod.  While this seems simple enough, there are many complicated steps that are taken before the final mod is produced.

First, the NCCI collects and records the payroll and loss information on to an experience rating worksheet.  Using this information, they calculate the expected losses for each classification using its Expected Loss Rate (ELR).  The ELR is the amount of expected losses for the classification per $100 of payroll.  So the expected losses equals the ELR x (Payroll/100).

Then they split the expected losses into primary and excess losses using the discount ratio.  After that, they must also split the actual losses into primary and excess losses.

To keep the mod from varying too much, the NCCI determines a stabilizing value and adds it to the calculation.  This calculation requires the use of the ballast factor and the Wt factor.  The ballast factor is a number that is added to help keep the mod from shifting too much, and the Wt factor is the weight assigned to the excess losses.  The stabilizing factor is calculated by multiplying the expected excess losses by (1-Wt), and then adding the ballast factor.

Once the primary losses and the stabilizing value has been found, the actual and expected ratable excess losses must be determined.  The ratable excess loss is the amount of excess loss that is included in the calculation.  This is done simply by multiplying the excess losses by the Wt factor.

Now that we have determined these values, the total adjusted actual losses can be found by adding the actual primary losses + the stabilizing value + the actual ratable excess losses.  Likewise, the total adjusted expected losses = expected primary losses + the stabilizing value + the expected ratable excess losses.

Finally, the experience mod can be calculated by dividing the total adjusted actual losses by the total adjusted expected losses.

E-Mod=(Actual Primary Loss+Stabilizing Value+Actual Ratable Excess Loss)  ÷  (Expected Primary Loss+Stabilizing Value+Expected Ratable Excess Loss)

E-Mod = Total Adjusted Actual Losses ÷ Total Adjusted Expected Losses  

 

Medical-only claims are not weighted as much in the calculation, and therefore don’t have as much of an impact on the experience mod.  Most states have approved an Experience Rating Adjustment (ERA) that limits the amount that medic-only claims are weighted in the experience modification rating.  Only 30% of the portion of a medical-only claim is included in the experience mod calculation.  This is done in an attempt to decrease the incentive for employers to pay off medical-only claims without reporting it to the carrier.

There are ways for employers to lower their experience mod, and therefore lower their workers compensation costs.

  • One effective way to do so is to implement a formal safety program, or make meaningful changes to a pre-existing safety program. Having a written safety program in place can help reduce injuries and accidents which will reduce your losses, and lower your experience mod.  An employer should train their employees in the proper safety procedures for driving, lifting and other job related duties.  As well as the precautions taken to prevent accidents like slips and falls, such as requiring non-slip shoes.  An employer can even consider incorporating rewards and disciplinary actions in their safety program, if it seems necessary.
  • Maintaining good hiring and orientation practices can also help reduce losses. Making sure each employee is mentally and physically fit for the job before hiring them is a good way to lower accidents.
  • Including a mandatory return to work program can greatly reduce the cost of claims. Having an employee return to work at a light or modified duty will lower the cost of their claim, which can help lower the employer’s losses and will bring their experience modification rating down.
  • Taking the time to make sure all your employees are placed in the correct class codes can also help reduce costs.

 

My Insurance Question is a part of the Insurance Shop LLC. The Insurance Shop is an independent insurance agency, founded in 2005. Over a decade and a half, the agents at the Insurance Shop LLC have developed relationships with dozens of insurance carriers who are hungry to offer coverage to businesses operating in many different industries. If you are looking to shop around for a better value when renewing your commercial insurance package, give us a call at 800-800-4864 to speak with one of our insurance specialists today.

5 facts about insurance

5 little known facts about insurance, every small business owner should know.

General Liability covers my employees if they are injured at work

This is false. General Liability Insurance covers your businesses liability to third parties injured by the actions of your business. This goes for both property damage and bodily injuries.  One thing a general liability policy does not cover is the injuries that occur to your employees.  For these injuries you need a separate workers compensation insurance policy.  Workers comp will cover your employees for medical care and some lost wages when they are hurt on the job and not able to work.

The only thing that determines your rate for insurance is your loss ratio.  

There are many things that go in to how a carrier determines what you pay in premium for coverage.  First is your classification code.  It is pretty easy to understand that an accounting firm is taking on a lot less risk compared to a roofing company.  The level of risk is going to be represented in the amount those businesses pay for premium.

Your personal auto insurance will cover your car when you are using it for business purposes.  

You may need Hired and Non-owned Auto Insurance.This statement is not true.  If you are using your car for business purposes, it is not completely covered under your personal insurance policy.  The personal insurance policy will pay to cover the damages to your car, but it will not cover your liability to third parties. That liability falls on the shoulders of the business.  For that reason, you will need to secure either a commercial auto policy or a hired and non owned auto policy.

You must pay your insurance premium in full up-front.

This is not true.  Most commercial policies require 25% or more of the premium in order to get coverage in place than you pay 9 monthly payments over the last 9 months of the policy period.  There are also options the insurance industry has developed to help cash strapped companies. This is the Pay as You Go option.  Pay as you go can get coverage in place for only a few hundred dollars and then you pay premium each month based upon the monthly payroll.  This is an excellent option for seasonal or cash straped businesses.

There is no need for Business Insurance if you work out of your home.

This is absolutely not correct.  The liability needs you face are different if you work from home, but there are still risks you need to cover.  If you drive to clients houses you need some form of commercial auto.  If you have specialized equipment you may need inland marine coverage and if you offer professional advice you more than likely need professional liability.  These are just a few coverages you may need for a home office and an experienced insurance professional can help you make sure your business is protected with just a short conversation.  It is important to be thorough and honest during these conversations.

HVAC Contractors

Heating and Air Conditioning Contractors ( HVAC Contractors ) are those business that provide services for and repair heating and air conditioning units.  They provide these services for both commercial and residential clients.  They have to be knowledgeable about both duct and vent work, the different types of fuel sources for heating equipment, which can be natural or LP gas, electric, steam, solid fuel, coal, or fuel oil.  Many contractors also install, service, and repair air conditioners. While air conditioning units are normally electric-powered, they are charged with different coolants, some of which may be hazardous.

All of these different types of work bring their own unique risks to the contractor. For this reason, it is very important for you to have an extended conversation with your insurance agent about all of the types of work you do and do not participate in.  It is equally important to inform your agent if there are certain types of work you do not partake in. There are more than one classification code for this industry and the types of risks you take on can dramatically impact what you pay in premium for a number of commercial insurance policies.  Below are 6 policies most HVAC Contractors need to secure in order to protect their business properly.

•   General Liability

•   Property Insurance

•   Hired and Non-Owned Auto (full commercial auto if vehicles owned)

•   Inland Marine

•   Business Income with Extra Expense

•   Workers’ Compensation

General Liability Insurance

General Liability Exposures at the contractor’s office or shop are generally limited due to lack of public access to the premises. Retail sales increase the possibility of customers slipping, falling, or tripping if customers visit office to view products.

Property Insurance

Property exposures at the heating contractor’s own location are generally limited to those of an office, shop, and storage of materials, equipment, and vehicles. Operations may also include retail sales. The fire exposure is generally light unless repair operations involving welding take place on premises. Welding involves the use of tanks of gases that must be stored and handled properly to avoid loss. The absence of basic controls such as chained storage in a cool area and the separation of welding from other operations may reflect a greater risk.

Commercial Auto

Automobile exposures are generally limited to transporting workers, equipment and supplies to and from job sites for HVAC Contractors. Hazards depend on the type and use of vehicles and radius of operation with the main hazards being upsets. Vehicles may have special modifications or built-in equipment such as lifts and hoists. Large heating systems may be awkward and require special handling and tie-down procedures. Age, training, experience, and drivers’ records, as well as the age, condition and maintenance of the vehicles are all important items to consider. If employees utilize their own personal vehicles for work related tasks then Hired and Non-Owned Coverage should be purchased.

Inland Marine Coverage

Inland marine exposures include contractors’ tools and equipment, including ladders and scaffolding, hoists, and portable welders, the transport of materials, and installation floater. Goods in transit consists of tools and equipment as well as products purchased by the customer for installation at the job site. HVAC units can be of high value and susceptible to damage in transit; they frequently require expertise in loading to prevent load shift or overturn.

Workers’ compensation

Workers compensation exposures vary based on the size and nature of the job. Both residential and commercial work involves lifting, work with hand tools, wiring, and piping. Cuts from the fabrication and installation of sheet metal for ducts and vents are common. Lifting injuries such as hernias, strains and sprains plus back injuries may occur. Electrical burns are common; electrocution can occur from the use of high-voltage lines. Any time work is done above ground, injury or death from falls and being struck by falling objects can occur. Slips and falls, foreign object in eyes, major and minor burns, and inhalation of fumes are all potential hazards.

Florist

How much insurance does a small Florist really need?

Here are 6 Insurance Policies every Floral Business should consider

How much and what types of insurance coverage a florist needs really depends on the size, type and scope of the business.  If the florist only sells flowers at one location, it may not need all of the coverages discussed in this blog post. If the florist business designs flower arrangements or provides delivery service it opens up your business to an enormous amount of additional risk.  Here are 6 insurance coverage’s all floral businesses should strongly consider securing.

Florist designing a spread of flowers for a wedding.

General Liability

General Liability Insurance will protect your business from property damage and bodily injury claims of third parties.  Third parties can be anyone not associated with your business that is harmed by the actions of your businesses operations.  Included in this group of people can be customers, vendors delivering products to your facility or even a plumber who comes to work on your toilet.

Professional Liability

If you are designing floral arrangements for special occasions like weddings, funerals, Valentines Day or Christmas; you can be sued if the designs are not up to the expectations of the customer.  The lawsuits do not have to be founded to cost your business immensely in legal fees and reputation management.  A Professional Liability Insurance Policy will help your business withstand the costs to defend your self in court and for missed time at work spent defending you and your business.

Commercial Auto/Hired and Non-owned Auto

If your business uses vehicles as a part of normal business operations than you need to secure one or both of these coverages. If the business owns a vehicle and that is the only vehicle used for business purposes than a commercial auto policy should suffice your business, but if you have employees who use their own vehicle or rented vehciles for any part of their job than you need to secure the addition of hired and non-owned auto coverage.

Commercial Property

A commercial property insurance policy is needed if your business owns and operates any property as a part of your operations, no matter the size. It is different than a traditional home owners policy.  Commercial property policies are sold on a replacement cost or on an actual value basis.  It is usually best to purchase a replacement cost policy.  This type of policy will cover the cost to tear down, haul off and replace the property that is damage.  An actual value policy will pay you an agreed upon value of what the property is worth.  In most cases this will not pay the entire amount to make your business whole again.

Inland Marine

If you own any specialized equipment or equipment that is designed to be in transport frequently, you have a need for Inland Marine Coverage.  A commercial property will cover your facility.  A commercial auto policy will cover your vehicles.  If you have specialized equipment you use to design and maintain the arrangements or an attachment to your vehicle like a trailer it will not be covered by either of these policies. This is where an inland marine policy can be added to cover this specific equipment. Taking additional time with your agent to explain all the details of your business can make sure you secure all of the policies your business needs.

Workers Compensation

Workers Compensation Insurance is required by law for most businesses in 48 out of 50 states. The system is managed by the individual states, so it is important for you to check with the proper state governing agency to ensure you are compliant with your states laws and regulations. Even if there is an exclusion for your business to not carry the coverage, it is usually in your best interest to still secure workers comp coverage. This insurance policy will protect your business from being sued for most injuries that occur as a part of normal business operations. It also provides medical coverage and reimbursement of some lost wages for workers injured as a part of normal business operations.

Florida Small Business Owners need to prepare for Increase in Work Comp

On December 1st, rates on Workers Comp Premium are set to go up 14.5 % throughout the state of Florida. This could have a drastic impact on Florida Small Business   

 

Approved by the Florida Office of Insurance Regulation (OIR), rates on premium for workers compensation are going to increase by 14.5 % beginning the first of December.  There are the reasons for this dramatic increase and it will have an immense impact of the Florida small business community. There were two court cases ruled on over the Summer and there was a Senate Bill that caused a very small portion of the increase.  The two cases were Castellanos vs. Next Door Company and Westphal vs. City of St. Petersburg.  The additional part of the increase was related to Senate Bill 1402 which dealt with a a new printing of the Florida Workers’ Compensation HCPR Manual.

 

Castellanos vs. Next Door Company

This court case was ruled on this year and it was between a Florida small business owner named Marvin Castellanos and Next Door Company.  Marvin was an injured employee who sued Next Door Company and the Florida Supreme Court overruled a previous court ruling from 2009. The previous ruling was overturned because it limited the ability of the claimant to get a reasonable amount for attorney’s fees.  Pretty much the previous ruling limited the amount a judge could award for attorneys fees. As a result, most of the money being awarded in workers compensation cases was going to the lawyers to cover their fees instead of going to the inured employees who it was meant for.  With this ruling in place judges merely had to use the previous fee schedule as a recommendation, but depending on the situations surrounding each case the can award more or less for attorney’s fees.  Because of this ruling insurance companies anticipate they will have to pay larger amounts for workers compensation lawsuits in the future. For this reason they asked for and were approved by the Florida Office of Insurance Regulation (OIR) a 10.1 percent on average statewide.

Westphal v. City of St. Petersburg

The next case that had a negative impact on workers’ compensation rates in the state of Florida was Westphal vs. City of St. Petersburg. This case was regarding the 104-week statutory limitation on temporary total disability benefits. This time period was ruled unconstitutional.  In its ruling the court stated the previous time period denied injured workers the ability to obtain proper right of access to the courts. The ruling extended this time period to 260 weeks.  Because injured employees will now be receiving partial salary benefits for an additional 156 weeks insurance companies were taking on additional risk to offer workers comp coverage within the state of Florida.  For this reason the OIR approved an average increase of 2.2 percent statewide.

Senate Bill 1402

The additional 1.8 percent increase on premium for workers’ compensation was related to updates within the Florida Workers’ Compensation HCPR Manual. This increase was approved as part of Senate Bill 1402.

 

What can business owners do to protect their business? 

Shop your policy

The first thing a Florida small business owner should do when they get sticker shock from their renewal quote is to shop their policy around to different agencies. One thing that can save you a lot of time doing this is to partner with an independent agent who has the ability to shop your policy with many different carriers. A lot of agencies have exclusive relationships with only one or a select few carriers. This dramatically impacts the amount you pay in premium, especially if you are in a difficult to quote class code. A typical independent agent can quote your policy with 10 or more insurance carriers. This gives them the ability to negotiate more effectively for more comprehensive coverage and better rates on premium.

Pay as You Go

Pay as You Go Workers’ Compensation is a flexible payment option that allows business owners to get coverage in place at a much lower price and allows them to pay their premium monthly based on the payroll each month.  This is an excellent option for cash strapped or seasonal businesses.

10 terms to help you navigate the Workers Compensation System

Previously we wrote about several common terms related to commercial insurance here.  These were terms that a business owner should familiarize themselves with before renewing any commercial insurance policy. especially before interacting with their states workers compensation system.  Here is a list of terms you might come across related specifically to workers’ compensation insurance. Some of the terms may not have to do with your renewal specifically, but if you use the workers comp system long enough you very well may come across some or all of these terms.  

 

Aggravation:  Aggravation usually implies a fresh incident producing additional impairment to a previously injured anatomical region. Aggravations are usually not temporary.

Carrier Code:  The ten-character code that identifies a specific insurance carrier. W is always the first character in the code for a carrier of Workers’ Compensation policies. The codes for carriers of Disability Benefits insurance always begins with the letter B. Carrier codes are issued by the Finance Office of the WCB.

Claims administrator:  The term for insurance companies and others that handle your workers’ compensation claim. Most claims administrators work for insurance companies or third party administrators handling claims for employers. Some claims administrators work directly for large employers that handle their own claims. Also called claims examiner or claims adjuster.

Date of Injury (DOI): If the injury was caused by one event (a specific injury), this is the date of the event. If the injury was caused by repeated exposures (a cumulative injury), this is the date that the worker knew of should have known that the injury was caused by work.

First Report of Injury:  Each state has their own form that should be filled out anytime an injury occurs on the job. They should be reported no matter how minor the injury is. Insurance carriers track these forms to look for patterns of injuries and to help employers prevent injuries from becoming more severe or more common. Here is an example of one of these forms from the state of Wisconsin.  

Functional capacity evaluation (FCE):  An FCE is a series of tests administered to a workers’ comp claimant by a physical therapist or other health care professional. They can be beneficial in determining an injured worker’s capabilities and restrictions.

Independent Medical Examination (IME): Am IME is a medical evaluation that is used to resolve questions about your medical condition, including what treatment is necessary and the degree of your permanent impairment, if any. An IME is most often requested by the insurance company when there is a question about what treatment you need or what permanent disability rating you should be given.

Loss Ratio:  The relationship of incurred losses compared to the earned premiums expressed as a percentage. If, for example, a firm pays $100,000 of premium for workers compensation insurance in a given year, and its insurer pays and reserves $50,000 in claims, the firm’s loss ratio is 50 percent ($50,000 incurred losses/$100,000 earned premiums).

National Council on Compensation Insurance (NCCI):  NCCI is a U.S. insurance rating and data collection bureau specializing in workers’ compensation. Operating with a not-for-profit philosophy and owned by its member insurers, NCCI annually collects data covering more than four million workers’ compensation claims and two million policies.

Workers’ Compensation Audit:  A review of the compensation paid during the policy term to determine whether the exposure used to determine the original premium was accurate. If during the policy term, the actual exposure changed from the original estimate of what it would be, then an adjustment to the premium would be made at the time of the audit. If there was more exposure than the estimate indicated, then more premium will be charged. If there was actually less exposure than the estimate, premium will be refunded.

 

New Business- Starting from scratch

Ideas for Start-up Business Plans

So you have decided to (or maybe you are still considering) taking a leap most of us only dream of.  That leap is to start your own business. Perhaps you have worked for someone else in your trade for several years and want something of your own.  You may be fresh out of school (or still in school) and want to get started early.  Maybe you just have a unique opportunity to start your own business. If this is you than you are probably looking at what you need to start:

  • Start up capital
  • Supplies
  • Office/shop space
  • Sales opportunities

These are things all first time business owners are looking for. One thing many new businesses put off until last moment is insurance. You will spend thousands of dollars just to start up your dream of owning your own business; you don’t want one accident to take it all away from you. Below are several insurance policies that can protect you from claims that could easily ruin your dream of owning your own business. Here we will go over the basic areas that you want to look at for starting your own business, and when you want to start looking.

First, Why is this important? Claims with new businesses can be more devastating for a few reasons.

  • The controls that are in place to prevent/reduce the extent of claims/liabilities are less established. Many of these types of firms can be started in a home office.
  • New businesses are many times less defined in their operations, which can bring the operations in to areas the business owner may not be as familiar with. These areas they may not have as much experienced in. This can bring up more risks a
  • Some businesses do not have an established LLC or Corporation established. Regardless of the insurance policies you have, it’s important to work with your attorney and CPA to make sure you choose the business entity type that works best for you. This separates your business liabilities from impacting your personal assets. It is bad enough if the incident you could have protected closes your business, but it is a much worse situation if the same incident causes you to lose your house or your savings.  

 

Here are a few policies we recommend you start out with pretty early on:

Commercial Auto – Commercial auto is a topic in itself and oftentimes one of the most overlooked policies by a new business owner since many people just use their personal auto’s and don’t see this as something they need. This might not be the first new policy you look to get, it should be the first insurance policy you likely already have that you will want to look at changing though. If your using your personal vehicle for business purposes, at the very least you want to make sure your agent and insurance carrier is aware of that and that you have business use on your policy, upgrading your personal auto policy to a commercial auto policy might be a couple bucks more, but in many cases the difference is a lot less than you may expect, plus, a less expensive policy that doesn’t cover what you need isn’t really that valuable anyway.

General liability –  Starting a business, general liability is the first policy most companies look for. If you’re a retail store its sometime referred to as “slip and fall coverage” to cover liability from bodily injury on your premise. Keep in mind, some of these policies only do that and might not cover all/any off premise damages. These policies come in a variety of forms and coverages and the pricing typically reflects that, that’s not also to say you cant shop to make sure you’re getting the best value. This for some business types can be packaged into a Business Owners Policy that can cover property and other additional coverages your company needs like Data Breach, EPLI and Hired/Non owned auto liability.

Workers Compensation –  For starters let me clear a couple things up first: Workers Compensation is not automatic; it’s not something automatically gets taken out of payroll without you getting a policy in place first. This policy covers employee injuries when hurt on the job for medical expenses and a portion of lost wages. For some high risk businesses like heavy manufacturing, construction and transportation this can be one of the most expensive and hardest policies to get competitive quote’s on and can be frustrating for businesses owners that just want to buy the policy. The key in the beginning is getting a policy in place, pay your bill on time, and keep continuous coverage. Once you have a prover record, especially for 3 years with coverage in place the market is a lot easier to get coverage for companies that have established. If you are a labor intense business the pricing can seem very high, the expense for covering a claim out of pocket, and fines from many states can be just as expensive if not more than your premium would be anyway. This normally isn’t needed until you hire an employee, but sometimes contracts can still require it which can open up more business opportunities for your company.

Professional Liability –  For some companies your biggest risks aren’t necessarily a customer slipping and falling, or an employee injuring themselves. Many professional firms have what can be equally as damaging of risks to them. The obvious ones are your Physicians Medical Malpractice, your insurance agents and accounts have Errors and Omission’s insurance to cover mistakes or professional errors made. Little mistakes can make huge claims but there are some companies you don’t think of needing this like Printing companies, Website Developers, IT Companies, Bookkeeping and Marketing Firms. Website Copyright infringement, or a faulty code in a software program that causes a glitch or even worse a breach could be a huge expense and could mean huge liability on your company.

 

Every business owner is worried about protecting what they own. The property you own can be devastating if its lost, damaged or stolen. However, the liabilities you take on during the everyday course of your business operation can be even worse and costlier. Even if you don’t own any property. There are insurance policies to cover the obvious, but also many things you wouldn’t think of. If there is a chance of an injury, fire, something stolen, or decreasing in value for something other than every day wear and tear (heck maybe there’s a policy for that too) there is likely an insurance policy for it. Working with a Professional Insurance Agent that can give you options and help guide you on the coverages that would be most important to you.

Construction Contracting risks for Workers Comp Quotes

Are Construction Contracting Risks hard to quote or impossible?

Working with artisan contractors for commercial insurance can be an exciting struggle. The benefit of working with companies that build or fix our homes and businesses every day is a rewarding challenge. That challenge can be tough to explain. Especially to someone who is just wanting to get their business quoted and move on with their day or with some one who has never experienced a claim. Below are some key things to consider when helping business owners search for commercial insurance.

FInd out just how difficult it is to get Workers Compensation Coverage for some contractors.

 

Why is contracting so hard to quote?

Contracting companies or Construction firms that perform building work represent some of the highest risk industries. They represent such a high risk because of the nature of work that is being performed. This means the potential for a claim to take place is high and the potential severity of that claim is also extremely high. Meaning the possibility of the claim taking place is high and when the claim happens there is a good chance it would be a severe and expensive claim.

What are the types of things that will cause a claim?

Construction and contracting see a variety of claims causes that make it a little scary for an insurance company. They are unique in that they have the ability to see virtually all types of claims you would see. Slip and falls, lifting strains, repetitive motion claims are ones any basic shop operation could have. Contractors also perform work outside of their shop, so motor vehicle accidents become a concern. Falls form heights can be one of the biggest concerns that can make a huge difference for most contractors wanting to get out of the state fund and with a competitive market carrier.

How can I set my firm apart from the rest?

As an Insurance Agent that specializes in hard to write workers comp, my approach when tasked with quoting a difficult scenario is to focus on the primary concern and risk. As a business owner, the first thing you want to look at is the biggest risk you have to your company which in turn will be the biggest risk to your workers comp carrier. The three biggest concerns being falls from heights, motor vehicle accidents and lifting exposures. This means any way you can limit the exposure or minimize the impact of these the better chance you have of getting quoted. Below are areas that you can look at:

As for height exposures: What is the maximum height in feet you work off ground level? The lower the number the better, but if you are doing work above ground level it is important that you know what the level is. Having a hard cut off point is important. Most importantly, how much opportunity do you have for work higher off the ground. If most of your productive work is less than 10 feet off the ground, but one small job a year is 25 or 30 feet off the ground, You may need to ask the business owner if it is worth paying more for insurance just to work this one job per year? Besides limiting operations, the business owner needs to comply with OSHA tie off requirements and they need to have strict protocols regarding work performed off ground level in their written safety program.

As for Motor vehicle accidents: Are you doing most of your construction work local or long distance? If working outside your local area, do you have multiple locations or crews based in different areas? This can sometimes be a way to limit having employees travel farther and limit your exposure. Besides limiting the travel area, check Motor Vehicle Records on all employees who will drive at time of hire and at least once per year. This is standard for most companies and your Commercial Auto Carrier is likely going to do this anyway. Reviewing and removing higher risk drivers from your driver list can help you with workers comp. Of course, it will save you money on your commercial auto policy ass well if you have one.

Prevent employees from becoming an injured worker by reading about the dangers of improper lifting at myinsurancequestion.comLifting exposures: Generally, are your employees lifting over 50lbs on their own? If so, find a different alternative to lifting like a dolly or something to assist in the lift. That can also be a mechanical hoist or a 2 wheeler to move heavy items.  It could also be requiring team lifting for objects over a certain weight. All of these strategies can limit this risk for your business. Safety programs are crucial to have in place for businesses dealing with heavy lifting. Accidents are eventually going to happen and when they do, a well-documented safety program can be the difference in being dropped for your carrier or not.

Working to improve these areas can help with many things for your construction business. Employees will see that you care for their well being, which in itself can be helpful in the quoting process. The safety protocols will help reduce your employees risk of a workplace injury and in most cases this can help the business get better, more aggressive quotes for workers comp insurance. I have seen in many states this savings can be over 50% for a carrier who has to go to the state fund vs the competitive market quotes. That’s like getting a half-off coupon for your workers comp.