keyboard_backspaceBack to main blog page

Scurich Insurance Services - Blog

Scurich Insurance Services has been serving the Monterey Bay Area since 1924. Our mission is to partner with our customers and provide them superior service and value. We are a member of United Valley Insurance Services, Inc., a cluster of over 70 California Independent Insurance agencies, which produced over $530,000,000 of annual premium last year. At Scurich Insurance Services we understand your business and our community. Our customers look to us for comprehensive solutions. We have established relationships with more than 40 of the nation’s leading insurance providers, which allows us to deliver multiple, competitively-priced options and a team of experts to guide you through the process. When you need to file a claim, change a policy or process a certificate you can depend on Scurich Insurance Services to respond quickly to your request. SERVICES In order to provide value added benefits to our customers that go beyond the insurance policy Scurich Insurance Services offers the following additional services: Safety Programs – English and Spanish OSHA Compliance Safety Policies – English and Spanish Online OSHA 300 Log Safety Posters and Payroll Stuffers - English and Spanish Certificates of Insurance – If received before 3:30pm done the same day Risk Management Consulting Brokerage Services Represent most major insurance companies to better market your account. Safety tapes/DVD’s BUSINESS LINES Commercial Commercial Packages Business Auto Workers Compensation Umbrella Bonds Directors & Officers Professional Liability Employment Practices Liability Personal Auto Home Umbrella Recreational Vehicles Boatss Life & Health Individual Medical Individual Life Group Medical Group Benefits

Search Results

Posts tagged with state laws - state laws

Are You Ready For A Car Crash?

Author TonyScurich , 11/2/2016
  safe-1142432_1920You know the drill after an auto crash, heart stopping panic, and then, especially if there’s major damage or a serious injury, exchanging names, addresses and insurance information with the other driver. Easy, right? However, if the other driver refuses to provide these particulars (or you’re so shaken that you forget to ask for them), you could end up in serious financial, or even legal, trouble. Dan Young, Senior Vice President of Insurance Relations for CARSTAR warns, “[After an accident] sometimes drivers just don't do what they’re supposed to do." To make sure you’re prepared for such a mishap, follow these guidelines:
  • Remain at the scene. Although state laws differ, failure to exchange information or notify police can lead to a hit-and-run charge or loss of your license.
  • Keep a “cheat sheet” in your glove compartment about what to ask after an accident.
  • Use your cellphone to take a photo of the other vehicle, (preferably showing its license plate) as visual proof of the incident.
  • Write down details. As soon as you and your vehicle are out of traffic and harm's way, record the date and time, location, make and model of the cars and actions or statements by the other driver.
  • Ask any bystanders or eyewitnesses for their names and contact information.
In the meantime, review your auto policy to make sure that you carry: 1) collision coverage, which will pay for repairing your car and providing a replacement vehicle, if needed and 2) uninsured/underinsured motorists insurance (UM/UIM), which will cover damages for injuries caused by an uninsured or underinsured driver. For more information, feel free to get in touch with our agency  

THE ABC’S OF HOLD HARMLESS AGREEMENTS

Author TonyScurich , 10/31/2016
Bookmark and Share Because construction projects are complex operations involving a number of subcontractors under your supervision, onsite accidents or injuries resulting from their work can easily lead to litigation against you. To protect yourself against claims, losses, and expenses if disputes arise during the project, make sure that all subcontractors sign a “Hold Harmless Agreement” clause. The terms of these clauses will vary from state to state. In some cases, this clause will protect the contractor from claims by corporations or companies that did not sign the agreement. There are three types of hold harmlessagreements: Under the Broad Form, the subcontractor assumes all liability for accidents due to negligence of the general contractor, and combined negligence between the two parties. Because of its sweeping terms, this form is relatively rare – and some states prohibit it. With the Intermediate Form the subcontractor takes on all liability for accidents and negligence, but will not be held accountable for the general contractor's actions. It doesn’t matter whether the incident was the subcontractor’s fault. If both parties were negligent, the subcontractor assumes liability all for its acts or omissions. Intermediate form agreements are relatively common. A Limited Form agreement makes the subcontractor liable only for the proportional part of its responsibility for a mishap. Other parties – such as subcontractors – will be held liable under their hold harmlessagreement(s) for their corresponding part of the accident or negligence. The type of agreement that’s best suited for your needs will vary depending on the nature of the project and state laws. As always, we stand ready to offer you our professional advice.

NIOSH Offers Tips On Preventing Work-Related Highway Crashes

Author TonyScurich , 8/26/2016
3

Employment-related accidents behind the wheel are the leading cause of death from traumatic injuries in the workplace, killing some 2,200 people a year and accounting for 22% of job-related fatalities. Deaths and injuries from these accidents increase costs and reduce productivity for employers - while bringing pain and suffering to family, friends, and coworkers.

Preventing work-related roadway crashes poses a significant risk management challenge. The roadway is a unique work environment. Compared with other work settings, employers have little ability to control conditions and exert direct supervision over their drivers. The volume of traffic and road construction continue to increase, while workers feel pressured to drive faster for longer periods, and often use mobile electronic devices that distract them behind the wheel.

To help reduce this risk, for both long-distance truck drivers and employees who occasionally use personal vehicles for company business, the National Institute for Occupational Safety and Health (NIOSH) recommends that employers follow these precautions:

  • Require drivers and passengers to use seat belts.
  • Ensure that employees who drive on the job have valid licenses.
  • Incorporate road fatigue management in safety programs.
  • Provide fleet vehicles with top quality crash protection.
  • Make sure employees receive training to operate specialized vehicles.
  • Offer periodic vision screening and physicals for employees whose primary job is driving.
  • Avoid requiring workers to drive irregular or extended hours.
  • Prohibit cell phone use and other distracting activities such as eating, drinking, or adjusting non-critical vehicle controls while driving.
  • Set schedules that allow drivers to obey speed limits.
  • Follow state laws on graduated driver's licensing and child labor.

For more information about how to prevent work-related driving deaths and injuries, just give one of our Risk Management experts a call at any time.


Is Your Cell Phone Policy Up To Date?

Author TonyScurich , 7/8/2016
1

If not, you have a problem. For the past several years, more and more states and cities have limited or banned driver use of cell phones. Warns the Web site DrivingLaws.org, "Although employer responsibility isn't specifically defined in the cell phone legislation, there have been an increasing number of lawsuits relating to employer responsibility regarding mobile cell-phone use [by] employees."

With motor vehicle accidents the leading cause of work-related injuries, using cell phones behind the wheel ups the ante for litigation in case of death, injury, or other third-party claims. What's more, drivers injured while phoning on company time will generally be eligible for Workers Compensation.

The first step is to create and implement a cell-phone use policy for employees driving company vehicles. Although this won't protect you completely from legal responsibility, it demonstrates your forethought and responsibility.

This plan should include guidelines for:

  • Training. Provide instruction manuals so employees know the features of their phones.
  • Safety. Remind employees not to dial or talk when driving conditions are hazardous, keep conversations short, tell the other person that the employee is calling while driving, and turn off phones whenever they pump gas or use jumper cables.
  • Making calls. Discourage cell-phone use behind the wheel and require drivers to pull over and stop when dialing.
  • Voice mail/caller ID. Make sure drivers' phones have these features so they can screen calls behind the wheel.
  • Accident/injury reports. Require employees to report any accidents or injuries resulting from cell-phone use while driving.
  • Discipline. Punish workers who violate these rules or local or state laws about using cell phones behind the wheel.

We'd be happy to help you develop a comprehensive policy for drivers' use of cell phones. Just give us a call.


ACCOMMODATING PREGNANCY IN THE WORKPLACE

Author TonyScurich , 3/28/2016
Although many women work through their pregnancies without difficulty, some of them with physically demanding jobs or complicated pregnancies might seek accommodation at some point. However, the Americans with Disabilities Act (ADA) does not define pregnancy as a disability or disorder, but as a natural process related to reproduction.

If pregnancy is not a disability, are pregnant women entitled to accommodation? What about women with pregnancy-related impairments? Are they covered by the ADA Does the Pregnancy Discrimination Act (PDA) entitle pregnant women to the accommodations they need to continue working during pregnancy? Are there state laws that entitle pregnant women to accommodation? These are the types of questions are being examined by the National Women's Law Center (NWLC) and other women's legal organizations. According to NWLC, both the ADA and the PDA often require reasonable accommodation for pregnancy.

Let's start with the ADA. The regulations interpreting the ADA Amendments Act (ADAAA) state that pregnancy-related impairments can meet the definition of disability if they substantially limit a major life activity. Pregnant employees with impairments that meet the definition of disability will be entitled to an accommodation under the ADA. Because the ADAAA has broadened the definition of disability to include many temporary and less severe impairments, more workers with pregnancy-related impairments will now qualify for direct coverage.

In addition, the interaction between the PDA and the ADA will often result in a heightened duty to accommodate even pregnant employees who do not meet the ADA's definition of disability. NWLC argues that the PDA requires employers to treat pregnant women at least as well as other employees with similar limitations in their ability to work. Because the ADA requires employers to accommodate a wider variety of medical conditions, pregnant women will often have similar limitations to people who are entitled to accommodations under the act - which means that they'll be entitled to accommodations as well. For example, the Equal Employment Opportunity Commission (EEOC) has made it clear that the ADA requires reasonable accommodation of a temporary back injury that leaves an employee unable to lift 20 pounds for a few months. Because pregnant workers must be treated as well as employees with similar work limitations, a worker who has been instructed not to lift weights of more than 20 pounds because of her pregnancy must also be accommodated, according to NWLC.

To ensure that employers' legal obligations to provide accommodations are unmistakable, the NWLC and a broad coalition of groups from the health, disability, and women's rights communities are urging Congress to pass the Pregnant Workers Fairness Act (PWFA) - draft legislation which states that pregnant women are entitled to reasonable accommodations that can be provided without undue hardship to an employer. These are the same types of accommodations that are available to people with disabilities under the ADA. In addition, some state laws already give pregnant workers' rights to workplace accommodations, as described in a recent report by Equal Rights Advocates.

Accommodating pregnant employees is also in the financial interest of employers. The NWLC provides several sound business reasons why employers should accommodate their pregnant employees in the same way that they do for workers with disabilities. Data show that the costs of these accommodations are likely to be minimal, and that providing them will have bottom- line benefits to the employer: including reduced workforce turnover, increased employee satisfaction and productivity, and lower Workers Compensation and other insurance costs.

Despite the legal and financial arguments, some employers are still not accommodating pregnant employees. This is why the EEOC recently identified "accommodating pregnancy-related limitations under the ADAAA and the PDA" as a priority area for itsenforcement efforts through 2016.

If you are an employee who was not accommodated during your pregnancy or you believe you were discriminated against on the basis of pregnancy, the NWLC would like you to share your story. Employers interested in sharing their experiences accommodating pregnant employees or in consulting about best practices are also invited to contact NWLC, at pregnancyandwork@nwlc.org.

Keep in mind that when it comes to providing accommodation ideas, Job Accommodation Network (JAN) consultants will brainstorm accommodation ideas for anyone with any type of limitation, including limitations related to pregnancy, whether or not the ADA covers the condition. So, if you're an employer trying to accommodate pregnant employees, or a pregnant employee looking for accommodation ideas to offer your employer, feel free to contact JAN for assistance!

-Linda Carter Batiste, J.D.,

Principal Consultant with comments from the National Women's Law Center

P.S. Speaking of job accommodations, HRThatWorks members can join us for a joint webinar with JAN on Providing Accommodations for Employees with Mental Health Impairments, to be held March 20th at 1PM EST by going tohttps://www1.gotomeeting.com/register/324256449.


Beware Of Bullies On The Job

Author TonyScurich , 2/8/2016
3Unfortunately, there are all too many bullies in the workplace -- and, all too often, their abusive behavior has led to violent, even fatal, employee rampages that have made the headlines. It makes sense for business owners and managers to deal with on-the-job bullying before it escalates into a potentially deadly situation. Recognizing a bully in the workplace can be difficult. These people often have "Jekyll and Hyde" personalities: They can be extremely charming, polite, and respectful in public. However, as a rule, bullies: 1) don't believe in following the rules of society; 2) crave negative attention; 3) try to put others down by manipulating and degrading them in front of their peers; 4) seek power; and 5) spread untrue rumors in the workplace, disrespect their victims, and refuse to listen to them. Because there are no federal or state laws against workplace bullying, it might be hard to fire a bully right away. However, there are ways to deal with this problem. Institute a zero-tolerance policy toward bullying. Your employee handbook and codes of conduct should set a clear definition of the consequences and punishment for bullying, with a specific list of actions for dealing with it. Enforce the policy. When it's time to discipline a bully, sit down with the accused person, their supervisor, and someone from your human resources department. If the bully offers to apologize and promises never to repeat the behavior, you might settle the matter by writing a letter of reprimand to be kept in their personnel file. You might also put the employee on probation, with close supervision by their supervisor, and let them know that any further bullying will result in termination. If you'd like advice on creating and implementing an anti-bullying policy for your workplace, just give us a call.