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One of the worst moments for any employer occurs when an employee is injured on the job. Unfortunately, if you hire enough employees the likelihood of an injury or illness occurring increases dramatically. It can be a stressful thing for an employer to consider but every business should be prepared for an on-the job injury or illness. We are here to break down what to do when an employee gets injured.

“By failing to prepare, you are preparing to fail.” Benjamin Franklin

Like most things in the American business world, safety is regulated by several different authorities, organizations, and laws. You should follow the regulations applicable to your industry, such as the OSHA Occupational Safety and Health Administration standards. Visit their website to see how the administration works and for local offices. 

In addition to setting safety standards, one of the most important ways to prepare for an on the-job injury is having a Workers’ Compensation insurance plan in place.

Workers’ compensation is insurance that directly deals with workplace injuries and illnesses. It is regulated by state law and most companies are required to have an active policy. You will want to check your state’s department of labor and the department of insurance for the laws and statutes that may apply to your business. Other laws to be aware of are the Family Medical Leave Act, also known as FMLA and Americans with Disabilities Act Amendments Act, also known as ADAAA.

After understanding what is required of you by law as an employer, it’s time to prepare yourself and your employees for the unfortunate day when a coworker is injured on the job.

Start today and come up with a risk prevention plan to minimize workplace accidents. Implement education and training so you and your employees know what to do when the time comes. When your team works together and knows what to do the chance for serious injury or death is greatly minimized.

Here are some steps to take in your workplace injury prevention preparation:

  • Safety and Wellness Plans- the first step to preparing is having an effective accident prevention program in place.
  • Risk and Response training- create response instructions for different types of incidents and train your employees for them.
  • Emergency response training- train and maintain first response medical care and supplies
  • First Aid Supplies stocked and accessible- keep a fully stocked first aid kit and keep it where everyone can see it and knows where it is.
  • List of emergency contacts
  • Enlist a safety officer for dangerous jobs.
  • CPR Training
  • Screen potential employees- making sure that their position placement is equal to their qualifications and physical performance.
  • Provide protection equipment when necessary.
  • Create and implement incident reports in advance so when an incident happens it is even easier for you and your employees to communicate with caregivers and claims adjusters.

With these steps in place, accidents should be rare and, when they do occur, you and your team will be ready to respond immediately. 

How should you respond to a workplace injury?

  • Once something happens, clear the area and help any injured people. Help by calling 911 or helping them to the hospital. First aid kits and supplies can be used for minor injuries. 
  • The area where the incident happened should remain secure from anyone else entering. This is for everyone’s safety and allows the scene to be investigated later. 
  • Record the details of the accident and get witness testimony while it’s fresh in their minds; this will help later filing the paperwork and making any reports.
  • Check with OSHA and other applicable safety organizations.  You may need to report the injury to them as well.
  • File a workers’ compensation claim and complete the proper paperwork. After the employee is out of danger and receiving treatment, it’s time to contact the insurance carrier and file a claim. Submit any paperwork, pictures, testimony, anything you have relating to the incident to the insurance carrier.

Your worker’s compensation policy provides several coverages in case of an accident. It provides medical payments for the injured employee and can protect the employer from lawsuits. If an injured employee goes to a hospital, they should tell the doctors and nurses that this was a work-related injury. Care providers have certain procedures in place when they know that it is a workplace injury and workers’ compensation coverage will be involved. Maintain open communication with employees, claims adjusters, and insurance agents to allow for funds and treatment ease. In some cases, with a serious injury, the employer must notify OSHA. 

Consider a return-to-work program to help aid a returning employee from injury or illness. It can be difficult to return from a prolonged absence. Having a plan in place to ease employees back into their job duties will keep them off long-term disability and will make it easier for the employer.

It is never easy dealing with workplace accidents and employees’ accidents are going to happen. With a plan, the proper insurance, and clear communication, you can prevail through the difficult time of dealing with a workplace injury. 

Every weekday during quarantine, InsureYourCompany.com has provided a half hour long guided workout with trainer Melanie Levenson of Ignite Training LLC. Our employees are encouraged to take this class which is done virtually through a zoom conference. Here are a few words from Melanie Levenson of Ignite Training LLC:

Active aging adults make up a large part of our population today in 2020. There is a growing want/need for a fitness niche for these individuals. They come from all different fitness backgrounds ranging from little to no experience, to moderate activity levels. Some have pre-existing health concerns which makes it even more important to become actively healthy. Some just realize the importance of longevity. I designed this group fitness video series to target this much needed niche. With a folding chair, light weights, towel and countertop, I have made it simple to work out from home. No gym membership is necessary and there is no intimidating environment. Over the course of this series, I target total body movements meant to strengthen important areas of the body such as hips, glutes, shoulders, core, and back. As we progress, the movements become more advanced. All classes are a manageable 30 minutes and convenient for scheduling.

Here is a little sample of what our employees think of the training:

Really enjoy my workout with Mel… It changes my whole day for the better! I feel more relaxed and my back does not hurt. Always looking for something that can make a positive impact on my day and Mel’s class makes that happen. In our situation, I am appreciative that her class is in place.

-Babette Mallow

Melanie has been my trainer now for over a year, so while I was used to working out with her in person, I don’t feel like the quality of the workout has been compromised at all by now working out via Zoom call. Being able to log in any morning I want and workout with her has made keeping my routine during quarantine a lot easier and I still feel motivated. She keeps it diverse but easy to follow along with so it’s never boring.

-Emily Sperry

Mel’s classes are great!  She always explains what each exercise is targeting and what not to do. Each week we progressed further and built up to where we were doing some of the same moves in her higher intensity class at a slower pace. This was great as I didn’t feel as intimidated to do her regular class. These morning workouts kept me going and helped me through this tough time. I see a difference mentally and physically.

-Maryanne Pacifico

I love Mel’s class. It really challenges me and gives me a feeling of accomplishment after the class. Initially, I used to be tired but now I feel energized. She is an excellent coach. I would love to workout with her in future as well.

-Gauri Gupta

As the business community reopens, and the “new normal” begins, new issues and dilemmas will surface.  Civil, administrative and criminal liability claims will likely increase as people analyze health and safety rulings, seek compensation for losses.

There is no precedent, no established jurisprudence, no rules by which to clearly determine liability regarding the circumstances of many cases that will arise.  Federal legislation is in the works to protect some types of businesses from certain COVID-19 related claims, but at this time it remains to be seen which proposals will pass. Following are some thoughts on what to expect, based on the status of the situation at present.

General Types of Liability Charges

COVID-19 Virus Exposure Related Claims

Employment Based

When businesses reopen, the incidence of employees citing workplace conditions as causes of COVID-19 cases will no doubt increase. Administrative issues may be targeted, such as lack of sufficient Personal Protective Equipment (PPE), such as masks and gloves. Other workplace conditions may be cited also. The Occupational Safety and Health Administration requires that employers provide employment and a place of employment free from hazards that are causing or are likely to cause death or serious physical harm. Of course, some questions regarding workplace conditions that may or may not increase contribute to the spread of COVID-19 are subject to debate and legal rulings which will then set precedents. Here’s what OSHA has to say about COVID-19.

State laws may apply to this category of claim, if the charge is directly related to conditions of employment. Workers compensation may cover the claim. Some workers comp policies, however, exclude coverage for common illness- “ordinary diseases of life” like flu. Legal rulings would be required to determine whether COVID-19 is considered an “ordinary disease” or a direct hazard of the job.

Some states are considering legislation to formally expand workers’ compensation coverage for COVID-19 for certain occupations like healthcare workers and emergency responders.

Customer Based

In some cases, customers may claim they contracted COVID-19 from an employee. The burden, however, would be for the claimant to prove causation, when the virus could have been contracted at many other locations. Genetic tracing is a promising technology for tracking exposure and establishing the source of the disease, but is likely too costly at present, for most cases.

Cases Involving Third Party Charges

Complex cases may arise involving a mix of organizations/groups. Many of these may not receive hearings, as the burden of proof is too great.

Criminal Liability Claims Related to COVID-19

The Department of Justice recently issued guidance stating that COVID-19 meets the statutory definition of a “biological agent” and cases of purposeful exposure and infection of others with COVID-19 could be prosecuted under federal terrorism statutes.

A Sussex County, New Jersey nursing home was in the news after 17 bodies were found piled up inside a makeshift morgue inside the facility. Some called for criminal investigation and prosecution, but the movement was stifled as others quickly attempted to put in place civil and criminal immunity for health care facilities and providers caring for COVID-19 patients.

Proposed Bills to Create Immunity

The “Facilitating Innovation to Fight Coronavirus Act” proposed to Congress is designed to preempt federal and state law to protect healthcare providers who modify medical devices for unapproved use, out of scope practice, testing, treatment.

Senator Mitch McConnell (R-Ky) with the support of the United States Chamber of Commerce hopes to pass legislation providing immunity from “opportunistic lawsuits” to even non-healthcare employers.

Following local guidelines for reopening your category of business and staying up to date on court rulings and legislation are essential for preventing lawsuits as the pandemic progresses. At Insure Your Company.com, we do more than sell insurance. We help you succeed in business. Contact us for assistance in figuring out the best plan for your enterprise in these challenging times.

Business plans are essential for many reasons. Not only is it important for you to know where you want to go with your business, but a solid business plan is also a necessary step for securing investment in your company. A good business plan looks at short-term and long-term goals and outlines a blueprint for the success of the company. If you aren’t able to articulate in writing how your business will work, the likelihood of securing capital from investors is low. But just putting something in writing isn’t enough. There is a method for developing a great business plan. Here are five key tips that will help you write your business plan.

Be Conservative

When you are setting goals and making projections, one of the best rules of thumb is to estimate conservatively. It’s far better to outperform than to underperform. Investors get an idea of what kind of return on investment they can expect based upon your business plan, so a conservative estimation is a better number to put in their minds. This type of conservative planning also translates to your timeline. Kaye Vivian wrote for Entrepreneur that a good idea is to add an extra 15% to any timeline you establish. When you are more conservative with your planning in all areas (market share, revenue forecasts, timelines, etc.) you are showing a level of seriousness and realism to potential investors.

Explain the “Why”

When you are discussing your business concept and model, you need to identify the “why” in every statement you make. When you talk about other companies that do the same thing, explain why you are different. This isn’t the time to put forth an emotional plea, but instead, use data and factual statements. You also need to speak specifically about why your concept will be successful. You need to explain the process you’ve gone through to arrive at this point in time. If there are obstacles, talk about why they exist and how you have planned to overcome them.

Address Your Plan for Growth

Investors don’t like things that are stagnant. Brian Hill writes for the Houston Chronicle, “The objective of business planning is to develop a logical series of steps to help your business grow…” In your business plan, you need to discuss the future of your company. Everything from the necessary facilities to personnel needs to be forecast over a period of up to five years. You need to address the management of the company and how this will grow with the company. This may not be overly complex if you are building a small business, but the notion of “growth” is still an important talking point.

Talk About Return on Investment

It’s important to discuss the options for investors to reap the financial rewards of their investments. While they may share your passion (and you hope they do) for the business, ultimately they are expecting a financial reward. Discussing their role in the company, including seats on the board of directors should be addressed. If you are open to multiple options, identify that in the plan. Establishing a plan for how you intend to repay and financially reward the investor is a critical piece of the puzzle for a business plan and should be given your time and attention.

Just the Facts

While you want your business plan to portray confidence and a clear belief in the concept, emotional pleas are best left out of the business plan. Real data and factual statements are what will resonate with investors. You also don’t want to allow the business plan to get too lengthy. Many people assume that a business plan should be a novel, but most of the time, less is more. Use a critical eye, and think as much like an investor as possible. What would you want to know if you were going to invest in a company? Those are the key questions to address when presenting your plan. Contact us to help fill in the gaps for your business and get you set up for success.

InsureYourCompany.com’s Small Business Spotlight aims at finding businesses in our community that are breaking down boundaries, helping their clients in unique ways and making a positive impact in the world. We think Lunch Break’s mission to freely provide food, clothing, life skills and fellowship to those in need in Monmouth County and beyond exemplifies those traits.

In 1983, Norma Todd and the founding members of Lunch Break had a vision of a caring community, one in which its members are looked after, fed, and nurtured. Lunch Break has since grown and expanded its offerings since then from hot meals to providing clothing, toy drives, mentorship opportunities, life skills and so many other areas of service.

InsureYourCompany.com went into Lunch Break and interviewed various people who are affiliated with the organization, including volunteers, staff, board members and clients. It was wonderful getting to know more about this organization and how they serve the community and help so many people during their time of need.

Consider donating or volunteering at Lunch Break- to donate visit: https://donatenow.networkforgood.org/lunchbreak and to volunteer visit: https://lunchbreak.org/volunteer/. Consider sharing this video with friends and family. As Gwendolyn Love, Executive Director stated: “Everyone can do their part, it doesn’t take a lot. And it’s a feel-good thing. So, I invite anyone and everyone to do their part. If everyone takes the time to lift one person up then I think very seriously that the need that we see, the brokenness that we see, we can heal a lot of people. So, everyone, do something.”

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