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Business
insurance policies might contain audit provisions to allow a final
premium to be determined after the policy period ends. Audits are
most common in Workers Comp policies because the premium is based
primarily on payroll and job classifications. Often, a business
can't predict exactly what its payroll will be for the coming year.
It might hire more people, give raises, or change job classifications.
A clerical worker might become a truck driver or vice versa. Either
way, when job classifications change, Workers Comp costs are likely
to change, too.
No business owner wants an unexpected call for more money from
an insurance company. The more accurately you estimate your company's
activities, the more likely that your final premium will meet your
expectations. Then your audit premium adjustment could be small.
Insurance companies' auditors seek premiums based on set rates and
on what has occurred during the policy period. The policy establishes
the auditor's right to examine all of a business' records related
to the policy. It also requires the audit to be conducted within
a set time. In the Workers Comp policy, the audit period is generally
for three years after the policy period ends.
Don't just notify your accountant when your business picture changes.
Let us know, too. Audited insurance policies are important for generating
proper premiums. Understanding them can help prevent unfortunate
surprises.

The difference between accidents covered and not covered by Workers
Comp is sometimes unclear. For example in 1993, the legislature
in one state modified the definition of a "compensable injury" to
exclude Workers Comp coverage when no employment services are being
performed. This would seem to exclude injuries that occur on breaks,
at lunch, and during other activities.
An interesting example is a case in which a worker went to the
trucking company yard on his day off to prepare a truck for the
next day. He moved some personal items, and installed the spring-loaded
bars that the employer required. While installing the antenna for
his own CB, he fell off the truck and injured his back. The employer
didn't require a CB, but it certainly would've been valuable on
the road.
The Workers Comp commission decided that the injury didn't occur
while performing an employment service. The Court of Appeals disagreed
and granted the employee Workers Comp benefits. Court cases in various
states will clarify the distinction between injuries that are work-related
and those that aren't. Unfortunately there's no simple decision-making
test.

Employers should be very careful about using lie detectors. Municipal,
state, and federal laws severely restrict their use, and some states
prohibit employers from using polygraph tests altogether.
The Employee Polygraph Protection Act of 1998 (EPPA) prohibits
most private employers involved with interstate commerce from using
lie-detector tests during the course of pre-employment screening
and employment. Neither can they ask a job candidate about previous
tests or retaliate against an employee who refuses to be tested.
EPPA violations can subject employers to lawsuits, plus fines levied
by the U.S. Department of Labor.
Exceptions to EPPA guidelines include government employees, persons
in pharmaceutical jobs, prospective employees of security-service
firms, and government contractors involved in national security.
An employer is also permitted to give a lie-detector test to those
reasonably suspected of involvement in acts such as theft or embezzlement,
but serious restrictions apply.
Post EPPA provisions in a conspicuous place and get legal advice
before using a polygraph.

When
Al heard about a large award against another business for a customer's
slip-and-fall injury, he worried about his own Liability limits.
Before Al raises the limits of his Commercial General Liability
policy (CGL), he should consider other ways of increasing his Liability
coverage.
An Umbrella Liability policy would add to the protection of Al's
CGL, Business Auto Policy (BAP), and other Liability policies. Plus
it would include at least one more coverage area. Umbrella policies
generally offer $1 million of protection, but they can provide millions
of dollars of coverage.
An Excess Liability policy can also augment protection. Al might
purchase one just to increase the amount available for claims over
his CGL. Liability coverages to look at include CGL, BAP, Employer
Practices, Fire Legal, Watercraft, and other less common risks.
Excess Liability and Umbrella policies are relatively inexpensive
because they only take effect with unusually high claims. Let's
talk about your protection.

It's
always hectic when major changes occur in a business. But don't
forget that adding vehicles, relocating, joining a joint venture,
and other activities can call for adjusting your coverage.
In fact, insurance policies require the insured to report property
and organizational changes, and failure to do so could affect coverage.
Take the time to call and inform us about any changes in your business.
We'll be glad to handle the details. |