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Musculoskeletal disorders - one of the fastest growing threats to workplace safety and health – are costing $20 billion a year in Workers' Compensation Insurance costs and an additional $100 billion in lost productivity, employee turnover, and other indirect expenses, according to the Centers for Disease Control and Prevention (CDC). In 2019, musculoskeletal disorders accounted for nearly one-third of all worker injury and illness cases, according to the U.S. Department of Labor. 

Any employee can experience this type of injury, but they are becoming more prevalent with the aging American workforce. A repetitive stress injury (Aka, repetitive strain injury, repetitive motion injury, repetitive use injury, and RSI) is a musculoskeletal disorder. 

The industries most at risk for RSI include the following:

• Manufacturing
• Retail
• Health Care
• Office
• Construction
• Food Preparation
• Transportation

What is a Repetitive Stress injury?

Repetitive stress injuries are defined as painful musculoskeletal disorders "caused by cumulative damage to muscles, tendons, ligaments, nerves, or joints (as of the hand or shoulder) from highly repetitive movements." RSIs commonly affect wrists, elbows, arms, shoulders, fingers, and knees. Any motion or movement can cause an RSI if repeated too often – even typing on a computer. 

• RSIs can lead to several conditions:
• Tendinitis – Inflammation of the tendons
• Carpal Tunnel Syndrome – Excessive pressure on the median nerve, which runs from the forearm into the palm of a hand
• Muscle strains and low back injuries
• Rotator cuff injuries
• Epicondylitis (Aka Tennis Elbow)
• Trigger Finger – affects tendons that flex the fingers and thumb
• Tenosynovitis – Inflammation to the tendon and the sheath around a tendon

Common causes of RSIs include poor posture, working in the cold, working with a vibrating tool, performing a high-intensity activity for a long time without resting, or holding an awkward position. 

Repetitive stress injuries occur over time. Symptoms include pain, tingling, throbbing, numbness, stiffness, weakness, swelling, and sensitivity to cold or heat. Employees who experience any of these symptoms should not ignore them, which can lead to more severe RSI injuries. 

Treatment of RSIs depends on the severity of the symptoms and what is causing them. Typically, the best treatment is to reduce or modify the activity that caused the injury. 

10 Tips to Prevent Repetitive Stress Injuries

1. Provide ergonomic training that includes the principles and applications of ergonomics; proper use of equipment, tools, and machine controls; good work practices, including proper lifting techniques; recognition of RSI symptoms; the importance of reporting RSIs before they become more serious; etc.
   
   
2. Provide appropriate ergonomic tools, such as chairs that support the back, headsets for long phone calls, and adjustable desks and computer monitors.
   
   
3. Establish a culture of safety
   
   
4. Limit repetitive motions and exposure to vibration
   
   
5. Maintain good posture
   
   
6. Avoid prolonged sitting at a desk or computer
   
   
7. Adjust your workstation
   
   
8. Take regular breaks from repetitive tasks
   
   
9. Stretch throughout the day
   
   
10. Use tools correctly

Lower Your Workers' Compensation Insurance Costs the Easy Way!

Most states – including Pennsylvania – require that all employers carry Workers' Compensation Insurance for all employees; however, there are many ways to lower the cost of WC insurance. Preventing repetitive stress injuries is just one way. Working with the independent agents at American Insuring Group – who offer cost-effective worker's compensation insurance from various competing insurance companies – is another way, and it's easy!

Call us at (800) 947-1270 or (610) 775-3848 or connect with us online.

In most states, including Pennsylvania, Workers’ Compensation Insurance (WC) is required by law. But, truthfully, even if the insurance isn’t required in your state, WC is an excellent investment as it helps protect your employees and your business.

We’re sure you have a lot on your plate as a business owner or manager, and conducting an annual review of your insurance policies – including WC – may not be high on your to-do list. It’s so much easier to renew the policies you currently have. However, an annual review helps ensure you are not underinsured or overpaying for your coverage.

Here are three steps to make the annual review process as painless as possible.

Step 1: Review Your Business

Look at how your business may have changed since you purchased your existing WC policy. Ask yourself the following questions:

1. Did your business needs change? For example, did you switch from an independent contractor to an LLC?
2. Did you hire new employees or let old employees go?
3. Has the classification code for any of your existing employees changed?
4. Has your payroll changed?

Step 2: Look at Your Current Policy

The next step is to take a look at your current WC policy, keeping in mind how your WC premium is calculated:

WC Premium = Classification Code Rate X Experience Modifier X payroll/$100

Look at the declaration page to see how your workers are classified and the estimated payroll for each, and determine if this information is still accurate.

Classification Codes - A classification code is a 3-digit number assigned to every type of job. It is based on the likelihood of that employee being injured on the job and helps determine your WC premium. Typically, the more risk of injury, the higher your WC costs. Therefore, assigning the wrong classification code can lead to overpayment, insufficient coverage, or even WC fraud.

Payroll - “Initially, the payroll used to calculate your premium is an estimate. Once your actual payroll has been determined, adjustments may have to be made, and you could be audited and billed accordingly,” Pennsylvania Insurance Department reports.” Any changes to your business within the policy term that affect the rate of your policy can lead to an audit and possible billing.”

Experience Modifier - Finally, review your loss run report, which shows your company’s claim activity for the policy period. Loss Run Reports list the date of each loss and claim, a brief description of each claim, the amount paid to the insured, and whether or not the claim is closed. You can think of it like a credit report or report card for insurance companies.

This information is used to determine how risky a business is to insure, which can affect the premium you pay for insurance or even if an insurance company will issue a policy or renew a policy for your business. You can use the information to lower your insurance costs and even improve other areas of your business.

Step 3: Renew Your WC Insurance (Contact us for great rates!)

Armed with this information, you are ready to renew your WC coverage and ensure that you have the right coverage at the best price.

American Insuring Group agents have years of experience with Workers’ Compensation and other commercial insurance policies to ensure that you get the right coverage for your business needs. As independent agents, we check with multiple insurance companies to ensure you pay the lowest premium for that coverage.

✅ So give us a call today at (800) 947-1270 or (610) 775-3848, or connect with us online.

Most states – including Pennsylvania – require nearly all employers to carry Workers' Compensation (WC) Insurance, but shopping for WC insurance can be frustrating. American Insuring Group is here to help simplify the process and ensure you have the right coverage at the lowest cost.

What is Workers' Compensation Insurance?

Before we get into the nuts and bolts of purchasing WC Insurance, let's discuss what it is and how your premium is calculated. We will focus on PA WC, but many other states are similar (see first tip below).

The PA Department of Labor & Industry states, "The workers' compensation system protects employees and employers. Employees receive medical treatment and are compensated for lost wages associated with work-related injuries and disease, and employers provide for the cost of such coverage while being protected from direct lawsuits by employees."

In Pennsylvania, whether you have one employee or one hundred employees, full or part-time employees, or your employees are family, you are probably required to have Workers' Compensation Insurance. There are few exemptions, such as railroad workers, federal employees, domestic servants, etc. Failure to provide WC for your employees can lead to significant fines, lawsuits, and even criminal prosecution.

Your Pennsylvania Workers' Compensation premium is based on the following formula:

WC Premium = Classification Code Rate X Experience Modifier X payroll/$100

Here are seven tips for purchasing WC Insurance to ensure you have the right coverage at the lowest cost.

Know What Your State Requires

Your state will determine whether or not you are required to carry Workers' Compensation Insurance, the WC regulations you need to follow, and how you can purchase the insurance. Click here for a state-by-state comparison and links to the entities responsible for Workers' Compensation. And remember, even if you are not required to purchase WC insurance, it may be worth having.

Provide Your Existing Policy

If you already have WC coverage, keep your policy handy. Providing information – such as your employees' class codes, your experience modifier, and loss run reports – from that policy can help expedite the process.

Choose the Right Classification Codes

As shown in the formula above, the classification code will affect your WC premium. Classification codes are based on the likelihood of an employee being injured on the job. For example, the classification code for an accountant or someone with administrative responsibilities will represent less risk than a classification code for a driver or contractor. Typically, the more risk of injury, the higher your WC costs.

You don't want to misclassify an accountant as a driver because you'll pay more than necessary for your WC coverage. On the other hand, you don't want to misclassify a driver as an accountant because if caught during the annual audit or a claim, you may be required to pay the outstanding amount owed and/or severe penalties.

Monitor Your Payroll

When purchasing WC coverage, your annual payroll will be estimated based on your current circumstances, which of course, can change. When your insurance carrier conducts its annual audit, you may receive a credit or a bill based on the actual payroll. Monitoring and reporting your payroll throughout the year can help improve your business cash flow.

Ask About Discounts and Credits

Yes, your WC premium is based on the formula above, and most of the components of that formula are out of your control. However, you may be entitled to discounts and/or credits for lowering risk with workplace safety or formal training programs.

Review Annually

Your insurer will conduct an audit each year, and so should you. It's an opportunity to check for errors and provide any updates. Reviewing your loss run report – a report issued by your current insurance provider that shows your company's claim activity for the policy period - may also help lower your WC insurance costs.

Work With a Workers Comp Expert!

Working with an independent agent with experience in Workers Compensation insurance at American Insuring Group is a great way to lower your WC costs. We will compare costs and options among competing worker's compensation insurance carriers to be sure you get the right insurance at the best price.

Call today at (800) 947-1270 or (610) 775-3848, or connect with us online.

In most states, including Pennsylvania, almost all employers are required to carry Workers’ Compensation (WC) Insurance. WC helps cover lost wages, health care expenses, disability payments, death benefits, and permanent injury payments (such as the loss of a body part) when an employee suffers a work-related injury or disease. It also helps protect your business against lawsuits related to the injury. 

How is Your WC Premium Calculated?

Your Workers’ Compensation premium is based on the following calculation:

          WC Premium = Classification Code Rate X Experience Modifier X payroll/$100.

Your experience modifier compares the history of your losses to what is typically expected in a class similar to your company. It is based on the following:

• Number of Claims
• Cost of Claims
• Frequency of Claims
• Severity of Claims
• Closed vs. Open Claims
• Claims History of other businesses in your industry
• Years in business
• Number of employees
• State minimums

 The lower your experience modifier, the lower your premiums. Unfortunately, WC fraud, waste, and abuse can raise your experience modifier and increase your WC premiums. In fact, the Insurance Information Institute reports, “workers’ compensation insurance fraud alone costs insurers and employers $30 billion a year.”

 What is WC Fraud, Waste, and Abuse?

The first step to minimizing WC fraud, waste, and abuse is the ability to recognize each.

• Fraud – According to the PA Department of Labor & Industry, “An employee commits fraud by knowingly and intentionally receiving wages while collecting total disability benefits or receiving partial disability benefits in excess of the amount permitted while receiving wages.” Examples include faking an injury, inflating an injury, and reporting an injury that happened off the job. Employers and medical providers can also engage in fraudulent WC activities.
• Waste – WC waste occurs when an injured employee overutilizes WC benefits. An example of WC waste is an employee who injures their back on the job and continues to see a chiropractor after full recovery.
• Abuse – WC abuse occurs when an employee who is injured on the job expands their symptoms to receive additional benefits. For example, an injured employee may falsely report symptoms to prevent them from participating in a return-to-work program.

 Signs of Possible WC Fraud, Waste, and Abuse

There are a few common signs of WC fraud, waste, and abuse that you can watch out for:

• No witnesses to an incident
• Conflicting diagnoses
• Refusing treatment
• Not reporting injury immediately
• Inconsistent or suspicious recount of the injury
• A history of WC claims
• A history of frequently changing physicians, jobs, and addresses
• An injury that occurs right after a weekend, strike, or holiday
• The inability to reach an injured employee
• A post-termination claim
• Pre-existing medical conditions
• Financial problems
• An unwillingness to cooperate in the injury investigation

 11 Tips to Prevent WC Fraud, Waste, and Abuse

Industrial Safety & Hygiene News offers the following tips to “keep claims above board”:

1. Create a fraud-free work environment by having a strong policy against fraud.
2. Establish a culture of safety.
3. Hold regular safety meetings.
4. Institute sound hiring procedures by screening potential employees.
5. Communicate regularly with injured employees.
6. Follow proper WC reporting and investigating procedures.
7. Educate employees on WC fraud, waste, and abuse and their consequences.
8. Make it easy to report injuries
9. Use surveillance equipment
10. Implement a drug testing policy
11. Choose credible medical providers that have WC experience.

 Lower Your Workers Compensation Insurance Premiums:

In addition to preventing WC fraud, waste, and abuse, another way to lower Workers’ Compensation Premiums is to work with one of the experienced independent agents at American Insuring Group. Our independence gives us the freedom to shop the market to find the right insurance to meet your specific needs at the best price.

Call American Insuring Group today at (800) 947-1270 or (610) 775-3848, or connect with us online.

The right Restaurant Insurance coverage is an investment in your business or a safety net when (not if, but when) things go wrong – accidents, vandalism, fires, etc. But the wrong Restaurant Insurance can be an unnecessary expense.

Here's what we mean…

Let's say you serve alcohol to someone at your restaurant. They get into a car accident on the way home, and your business gets sued for bodily injury or property damage caused by that person. The Liquor Liability Insurance you purchased helps cover legal costs, settlements or judgments, costs to repair damages, and medical bills. That's an investment.

Now, let's say you run a small diner. To determine your Workers' Compensation and General Liability Insurance premiums, your restaurant is classified as 0899 (Bar, Nightclub) instead of 0975 (Restaurant) as it should be. You're going to end up paying for potential risks that don't apply to your business. That is an unnecessary expense.

Here are some questions you can ask to ensure you get the "Right" Restaurant Insurance.

Is My Restaurant Correctly Classified?

As stated above, if your diner is incorrectly classified as a bar, you could be paying more in insurance premiums than you need to. On the other hand, if your bar is misclassified as a restaurant, you could find a gap in your coverage.

Do I Need Workers' Compensation?

The PA Department of Labor & Industry states, "If you employ workers in Pennsylvania, you must have workers' compensation insurance -- it's the law." Failing to carry appropriate workers' compensation insurance carries a potential $2,500 fine and up to one year in jail. Additionally, if the court determines the failure to comply is intentional, you could face a $15,000 fine and up to seven years in prison.

Do I Need Commercial Auto Insurance?

If your restaurant has a vehicle that you or an employee uses for business, you need Commercial Auto Insurance. Most personal auto insurance policies will exclude business use, so if you're in an accident while conducting business for your restaurant and only have personal auto insurance, your claim will probably be denied. If an employee uses their own car for restaurant business, such as delivering food or going to the bank, you need Hired or Non-Owned Auto coverage.

Do I Need Cyber Liability Insurance?

If you gather any type of personal information – which most restaurants do – you should have Data Breach and Cyber Liability Insurance. Don't think that just because you are a small business that you aren't susceptible to data breaches. Verizon Business 2020 Data Breach Investigations Report found that "Almost a third or 28% of data breaches in 2020 involved small businesses." One data breach can cost your business thousands of dollars.

Are There Any Gaps in My Insurance?

Think about your assets – property, employees, equipment, vehicles, etc. – and your potential risks – fire, injury, etc. to determine if there are any gaps in your insurance. An insurance agent specializing in Restaurant Insurance understands the unique challenges and risks inherent in the restaurant industry and knows the right questions to ask to ensure that you don't have any coverage gaps.

How Can I Lower My Restaurant Insurance?

The right Restaurant Insurance coverage helps protect you, your restaurant, employees, and customers, but that doesn't mean you should pay more than you need to for that coverage. Here are a few tips to lower your Restaurant Insurance costs:

• • Focus on Safety
  • Improve Security
  • Hire Wisely
  • Pay Upfront
  • Increase Your Deductible
  • Carry the Right Coverage
  • Bundle
  • Review Your Policies Annually
  • Work With an Independent Agent

We Specialize in Restaurant Insurance!

The agents at American Insuring Group specialize in Restaurant Insurance. As independent agents, we will compare the cost of your coverage with several companies to get you the lowest price possible. So, give us a call today at (800) 947-1270 or (610) 775-3848, or connect with us online.

In Pennsylvania, almost every employer is required to carry Workers’ Compensation Insurance for their employees; however, they are not required to pay more than they have to.

There are many ways employers can lower WC costs - creating a safer workplace, working with an insurance agent – like those at American Insuring Group - who specializes in Workers’ Comp, and reviewing your company’s WC Loss Run Report at least once a year.

What is a Loss Run Report?

A Loss Run Report – issued by your current insurance provider - shows your company’s claim activity for the policy period. You can request this report for most types of business insurance – including Workers’ Comp, and most states require the company to provide the report within a certain amount of time.

Loss Run Reports list the date of each loss and claim, a brief description of each claim, the amount paid to the insured, and whether or not the claim is closed. You can think of it like a credit report or report card for insurance companies. They use the information in the report to determine how risky a business is to insure, which can affect the premium you pay for insurance or even if an insurance company will issue a policy or renew a policy for your business.

You can use the information to lower your insurance costs and even improve other areas of your business.

What Should You Review on a Loss Run Report?

Accuracy

At the very minimum, you should check the Loss Run Report for accuracy. Ensure that you recognize every claim listed on the report and that the information listed is correct. Invalid claims or incorrect information could impact how much you pay for insurance.

Common Injuries

The report also lists the most common and frequent injuries and where they occurred. You can use this information to improve safety and lower the number of injuries within your company, reducing your insurance (and other) costs.

Claimants

Suppose you notice a high number of claims from one individual or specifically from new hires. In that case, you can talk to them about safety or adjust your safety training to help reduce the likelihood of additional claims.

Lost Time

Lost-Time claims indicate that compensation was paid to an injured worker who cannot perform their job due to the injury. The national average for lost-time claims is between 20 and 25 percent. If you notice a high percentage of lost-time claims, you may want to take a look at your Return-to-Work program. There are many benefits for both employee and employer to get injured employees back to work as soon as possible – even if it’s in a modified capacity. 

Reporting Time

Injuries should be reported within 24 hours whenever possible so the injured employee can receive quick and proper treatment. If you notice a pattern of a long time between when an injury occurs and when it is reported, you may need to look at additional safety training for management.

Open Claims

The longer a claim is open, the more it costs you, so your goal should be to close claims as quickly as possible. Any open claims should be monitored closely.

Litigation

A large percentage of litigated claims could be a red flag. It could be an indication that employees are dissatisfied with their employer or their job. If you see a large percentage of litigated claims on your loss run report, you may want to consider how well management communicates with employees, your business culture, or other areas that can cause discontent among employees.

How to Lower Your Workers’ Compensation Insurance Costs

They say “knowledge is power,” which is certainly true when it comes to lowering your Workers’ Compensation costs. If you don’t know there’s a problem, you can’t fix it. A Loss Run Report can help identify potential issues that you can address to improve your company’s bottom line.

Working with an independent agent with experience in WC insurance – as the agents at American Insuring Group do – is another way to lower your WC costs. We will compare costs and options among competing worker's compensation insurance carriers to be sure you get the right insurance at the best price. Call today at (800) 947-1270 or (610) 775-3848, or connect with us online.

A Return-to-Work (RTW) Program can help lower Workers' Compensation costs. Injured employees who can return to work – even if they're on modified or transitional duty – recover more quickly and feel more productive and connected with their workplace. Employers benefit by reducing the likelihood of litigation and – of course – controlling Workers' Compensation claim costs. 

What are Modified and Transitional Duty?

Sometimes injured employees can come back to work for what is called modified duty. Modified duty allows injured employees to perform their original duties with some modifications. With modified duty, the PA Department of Labor & Industry states, "Every effort will be made to place the employee in the most productive assignment available." Modified duty may include a shorter workday or providing a chair for the injured employee, so they can sit while working. 

However, sometimes restrictions imposed by the treating physician are too much to allow an injured employee to return to their regular duties, which is where transitional duty comes into play. With transitional duty, an employer is looking for something within the company that the injured employee can perform and still meet the physician's restrictions. 

For example, you may move a factory worker into the office to help – maybe scanning documents or answering phones. The idea is that the injured employee is gradually transitioned back to their original duties. 

The Key to Successful Transitional Duty

The key to successfully transitioning an injured employee back to their regular job is communication, so weekly meetings are essential. Those meetings should be held by a transitional duty coordinator or the supervisor handling the injured worker's RTW. Here are the benefits of weekly meetings. 

1. Weekly Meetings Keep Injured Employees Connected

Humans are a social species, so it's essential that employees performing transitional duties feel connected to their supervisors and co-workers. Weekly meetings boost morale, enhance self-worth, and make injured employees feel like valued members of the team. 

2. Weekly Meetings Help Transition Injured Employees More Quickly

Weekly meetings allow the employer and injured employee to work together so the employee can transition into other duties and move closer to their regular responsibilities more quickly. 

Injured employees should bring any changes in their medical condition, such as medications, work restrictions, and physician's recommendations to the weekly meetings. This allows the employer to determine if an injured employee is building strength or capabilities. 

The employee can discuss concerns they have or any obstacles they foresee in transitioning into new duties. Together, the employee and employer can address those needs and discuss options. Sometimes a simple change – such as an ergonomic chair – can allow an injured employee to transition into a duty closer to their regular work. 

The Weekly Meetings

During the weekly meetings, make sure that the injured employee feels like a valuable part of the team. Allow them to be a part of the conversation that will allow them to return to their regular duties. 

Here are a few tips:

• Send a letter to the injured employee's home address informing them of the meeting's time and date. If possible, send an email reminder of the meeting.
• If the injured employee is unable to drive due to the injury, provide transportation to the meetings.
• Make sure you follow all state and federal regulations, such as ADA, FMLA, and COBRA.
• Allow for an open dialogue so the employee feels comfortable expressing his or her concerns.
• Ensure that the employee is fit to perform new transitional duties safely. 

Save on Workers' Compensation Insurance

Another way to save on Workers' Compensation Insurance costs is to work with an agent who has experience with WC. American Insuring Group has specialized in WC for many years and can help your company save on Workers' Compensation costs. Give us a call today at (800) 947-1270 or (610) 775-3848 or connect with us online.

No Workers' Compensation Insurance program is perfect; however, if you want to improve your company's bottom line, it's imperative that you continually look for ways to improve your WC program.

Here are five tips to help any business improve its Workers' Compensation Plan. 

1. Get Started

This may sound like common sense, but sometimes the most challenging thing with any project is just getting started. Here are five areas that you should focus on to see the most significant impact. Pick one and get started!

1. Improve safety
2. Reduce costs
3. Reduce litigation
4. Build relationships with medical providers
5. Get injured employees back to work 

2. Create a Culture of Safety

The Bureau of Labor Statistics reported that in 2019 there were 5,333 fatal work injuries recorded and 2,814,000 non-fatal work injuries that resulted in 888,200 cases with days away from work. The median number of days away from work was eight. These work-related fatalities, injuries, and illnesses are costing U.S. businesses billions of dollars every year, which is why workplace safety should be a top priority at any company. 

Creating a business culture that focuses on safety will have one of the most significant impacts on reducing your organization's number of injuries. That culture must be embraced by all employees at every level of the organizational chart. 

Here are three tips to help create a culture of safety:

1. Create a safety program with a set of controls designed to help protect employees from potential harm within the workplace.
2. Ongoing training should be a big part of any safety program. According to the National Safety Council, "Investing in workplace training is money well spent. Employers with effective safety and health training programs benefit from fewer workplace injuries and claims, better employee morale, and lower insurance premiums."
3. Employees should be recognized and/or rewarded for committing to workplace safety practices. 

3. Set Program Goals

Bill Copeland said, "The trouble with not having a goal is that you can spend your life running up and down the field and never score." Research shows that setting measurable and attainable goals boosts performance because it motivates and challenges employees to increase their effort, allows them to focus better, and helps them prioritize. 

Goals you may want to consider are reducing the number of injuries, reducing the time it takes to get an injured employee back to work or reducing the number of litigation claims. 

Once you have specific goals in place, create a plan of action and consider recognizing or rewarding employees for helping accomplish those goals. 

4. Avoid Common Mistakes

There are certain mistakes that many employers make. Knowing those mistakes is the first step to correcting them. Here are seven common Workers' Compensation mistakes to watch for:

1. Not having a safety plan in place or not enforcing it
2. Not having a return-to-work program
3. Underestimating the projected annual payroll
4. Not assigning the correct classification codes or not changing those classifications when business operations change
5. Listing an employee as a subcontractor – on purpose or by mistake.
6. Poor claims management
7. Working with inexperienced insurance agents 

5. Work With an Experienced Independent Workers' Compensation Insurance Agent

The agents at American Insuring Group specialize in Workers' Compensation Insurance. We have a clear understanding of the WC process and a proven track record of providing exceptional service to businesses – both big and small. 

The American Insuring Group's independent agents can help ensure that you get the best coverage at the lowest cost on all of your business insurance needs because, as independent agents, they are free to shop and compare among competing insurance carriers. Give us a call at (800) 947-1270 or (610) 775-3848 or connect with us online today!

Most employers in Pennsylvania are required to have Workers’ Compensation (WC) Insurance. Failure to carry adequate WC can result in civil and criminal penalties. Therefore, employers must understand their WC obligations. Here's what you need to know... 

What is Workers’ Compensation?

The Pennsylvania Department of Labor & Industry defines Workers’ Compensation as “mandatory, employer-financed, no-fault insurance which ensures that employees disabled due to a work-related injury or disease will be compensated for lost wages and provides necessary medical treatment to return them to the workforce.”

The goals of WC are simple:

• safer workplaces
• prompt treatment and compensation for work-related injuries and illnesses
• reduced litigation costs

With only a few exceptions, Worker’s Compensation insurance is mandatory for any employer in Pennsylvania who employs at least one employee. If ALL workers employed by that employer fall into one or more of the following categories, they may be excluded from mandatory WC. This is a general list, minus the fine print.

• Federal workers
• Longshoremen
• Railroad workers
• Casual workers
• Persons who work out of their own homes or other premises not under the control or management of the enterprise AND make up, clean, wash, alter, ornament, finish, repair, or adapt articles or materials for sale that are given to them.
• Agricultural laborers making less than $1200 per year
• Domestic workers who have not elected to come under the provisions of the WC Act (they must notify the Department of Labor & Industry)
• Sole proprietor or general partners with no other employees
• People granted exceptions due to religious beliefs
• LLC’s in which only the employees are members of the LLC
• Executive officers who have been given an exclusion
• Licensed real estate salespersons or associate real estate brokers

Workmen’s Compensation rules for independent contractors can be complicated. Merely referring to someone as an independent contractor doesn’t mean the Department of Labor & Industry will agree. Here are a few factors that may indicate an individual is not an independent contractor but an employee.

The individual…

• Performs duties assigned by the employer
• Works hours set by the employer
• Uses tools, equipment, or materials that the employer provides

The bottom-line is… before you assume your employees are exempt from Workers’ Compensation Insurance, check with your insurance agent or the Department of Labor & Industry or risk facing civil or criminal penalties.

According to the National Academy of Social Insurance, the estimated cost of WC Insurance in Pennsylvania is $1.34 per $100 covered in payroll.

Filing a Workers’ Compensation Claim

Employers are required to report all injuries to their insurer or program - in the case of a self-insured employer - the person responsible for managing their WC. 

Employers are also required to submit a First Report of Injury to the Bureau of Workers’ Compensation within seven days if the injury results in the loss of one or more day, shift, or turn of work. If the injury results in death, the employer must file a First Report with the Bureau within 48 hours. The injured workers and the employer’s insurer should also receive copies of the First Report. 

Penalties for Non-Compliance

Refusing to file a Workers’ Compensation claim on behalf of an employee is against the law.

 If an employee is injured, and the employer does not have WC insurance, the Uninsured Employers Guaranty Fund will pay the employee’s benefits. The employer will be required to reimburse the fund, including costs, interest, penalties, and other fees. 

Injured employees covered under WC insurance have very limited ability to sue their employers. However, that is not the case when the employer fails to carry WC insurance. Employers without WC are open to litigation for workplace injuries and illnesses. And often, the damages awarded are higher than what the employer would have paid for WC insurance. 

Employers who fail to maintain WC coverage could be found guilty of a misdemeanor, which carries a fine of up to $2,500 and up to one year in jail. If the courts decide the failure to comply was intentional, the employer could be facing a felony charge that carries a fine of up to $15,000 and up to seven years in jail. 

Getting the Right Workers’ Compensation Insurance

American Insuring Group specializes in Workers’ Compensation Insurance. We can help you determine 1) whether or not your business is required to carry WC and 2) how you can get the best price on quality insurance protection if it is needed. Call us today at (800) 947-1270 or (610) 775-3848 or connect with us online.

If the COVID-19 pandemic has forced many of your employees to work from home, have you considered the ramifications it may have on your Workers’ Compensation Insurance? It may not be high on your radar as you continue to struggle through all the logistics of staff working from home, but it should be.

Workers’ Compensation claims can be complicated enough. If that injury occurs while the employee is at home, it can complicate it even further. The Society for Human Resource Management states, “In general, an employee injury or illness is compensable under workers’ compensation if it arises out of and in the course of employment, regardless of the location the injury occurs.”

Due to 1) a lack of defined case law in this area and 2) the limited ability to investigate incidents that occur at home, telecommuting is creating WC issues for many employers.

Injuries can and do occur while employees are working from home. Therefore, you must do your best to ensure that…

• Employees have a safe work environment even if they are working from home
  
  
• Both you and your employees understand what is expected of them
  
  
• You respect their rights
  
  
• Employees receive appropriate medical attention if an injury “arises out of and in the course of employment”
  
  
• You have a process in place to properly investigate work injuries that occur at home.

The best way to ensure this and avoid potential WC issues is to create a Telecommuting Policy before something does happen.

A Telecommuting Policy

A Telecommuting Policy forces you to address the potential risks of working from home and lets employees know what is expected of them. Create and implement a written work-at-home contract that is signed by both employee and employer and is strictly enforced.

This contract should do the following:

• Outline the hours that an employee will be working, including meals and rest periods. Also, include provisions regarding overtime. If the schedule changes, it should be documented via email.
  
  
• Define where the employee will be working, whether that’s his or her home address or another physical location they chose to work from. Define the specific work area(s) within the home or other location and provide training to help them set up a safe workstation. If it is possible, check an employee’s home office to identify potential safety hazards and how to eliminate them.
  
  
• Discourage employees from performing personal activities in their at-home workspace.
  
  
• List what employer-owned equipment – such as laptop computers – the employee can use outside of the workplace.
  
  
• Describe how employees should store and dispose of sensitive information.
  
  
• Include details about how any work-related injury investigations will occur. You need to respect your employee’s privacy, but you also have the right to do an investigation of any work-related injury. Specific language is key. Require the employee to state in writing that they understand that their home-work environment must be safe and that they need to cooperate if a work-related injury occurs. That includes seeking medical treatment if needed, documenting the injury, and allowing the employer access to the workspace during regular business hours.
  
  
• Include a Workers’ Compensation Statement that informs the employee of their protection under WC laws and that they are responsible for reporting all work-related injuries promptly.

Our Experts Will Help You Save on Workers’ Compensation Costs

Ensuring the safety of your employees and having a process to investigate injuries that occur at home can help you save on Workers’ Compensation costs.

Another great way to save is to work with one of the independent insurance agents at the American Insuring Group. We specialize in WC insurance and will compare pricing and coverage among many competing insurance carriers. We research so you can save! Give us a call at (800) 947-1270 or (610) 775-3848 or connect with us online.