Coronavirus & Implications On Employment Claims And Insurance

My colleague, Jason Rubinstein, recently wrote a piece highlighting potential impacts the coronavirus pandemic might have on various commercial lines of insurance.  Though too early to know the full extent of resulting lawsuits, it is only a matter of time before employers start to see claims by current or former employees stemming from issues related to…

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High risk of discrimination claims as employees return to work

Small and medium-sized businesses (SMBs) could face a higher risk of discrimination claims and employment practices liability (EPL) lawsuits when their employees return to work once COVID-19 restrictions are lifted. There are multiple factors exacerbating EPL risk amid the coronavirus pandemic. Many SMBs were forced to close their doors for two months or longer during…

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Early COVID-19 Liability Suits Raise Employment Practices Liability Insurance Issues

The COVID-19 pandemic has forced employers across the country to rapidly make numerous and significant decisions about how to manage their business in this unprecedented time. Employers have had to quickly develop and implement policies and procedures addressing remote work, layoffs, furloughs, pay cuts, workplace conditions, and a host of other issues. Not surprisingly, we’re…

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How To Lower Your Experience Modifier Rate

Lowering your Experience Modification Rate is a long process that starts with a safety plan, actionable steps to improve safety, and training to ensure that employees are safe on the job. You will need to set realistic goals and work tirelessly alongside employees and managers to lower the frequency and severity of injuries. Contractors have…

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What Is An Experience Modifier Rate (EMR)?

An EMR or experience modification rating (also called a XMOD rating or factor) is used to price workers’ compensation insurance premiums. Think of it like your credit score or car driving history, where third parties consider your history as an indication of future risk. In construction, insurance companies use an organization’s EMR to gauge the…

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How is Your Workers’ Comp Rate Calculated?

Whether you are a small, medium or large-size company, one of the most basic costs of doing business is insuring your employees against injury on the job.  Almost every business in the U.S. that has employees is required to have a workers’ compensation insurance policy. How are workers’ comp premiums calculated? Workers’ comp insurance premiums…

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Independent Contractor Defined

People such as doctors, dentists, veterinarians, lawyers, accountants, contractors, subcontractors, public stenographers, or auctioneers who are in an independent trade, business, or profession in which they offer their services to the general public are generally independent contractors. However, whether these people are independent contractors or employees depends on the facts in each case. The general…

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Independent Contractor (Self-Employed) Or Employee?

It is critical that business owners correctly determine whether the individuals providing services are employees or independent contractors. Generally, you must withhold income taxes, withhold and pay Social Security and Medicare taxes, and pay unemployment tax on wages paid to an employee. You do not generally have to withhold or pay any taxes on payments…

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A Look at Some Common D&O Risks & Claims

Real World Scenarios Here are a few real world scenarios that resulted in the filing of D&O lawsuits: Breach of fiduciary duty. Creditors of a company that was having some financial trouble and in need of capital, sued its directors and officers for failure to identify, evaluate, negotiate, and secure the sale of company assets in…

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Types and Costs of D&O Coverage

D&O insurance policies offer liability insurance coverage for the Directors and Officers of non-profit, for-profit, and privately held businesses.  Directors and Officers insurance helps protect them from defense costs and damages which may arise from managerial decisions that may have adverse financial consequences. All organizations are vulnerable to D&O insurance exposures. Read more about the who,…

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