All posts by Michael Stoop

Michael Stoop is the president of Metropolitan Risk Advisory. He leads a team of smart & proactive risk advisors whose acumen and protocols yield a substantive outcome for their customers. The goal is to achieve a cost efficiency and cost consistency that better positions them for growth and continuity in their native markets. Michael has been in the industry for over 20 years.

Government Audits Target Illegal Workers

Government Audits Target Illegal Workers

Feds are forcing over 1,000 firms to submit employment archives for investigation. The government is cracking down on the hiring of illegal workers, mostly in the public safety and national security sectors of business. Immigration and Customs Enforcement initiated an employment agreement inspection center to increase involvement across the nation. Fast food restaurants were the latest target. Federal representatives are warning companies of the provisions and documents such as I-9 forms to confirm an employees’ citizenship and ability to work in the United States. E-Verify is an electronic database of all hired employees. Currently, federal contractors are forced to utilize the program. All companies will eventually be required to use E-verify. The new restrictions will protect American workers from unauthorized workers who are taking many U.S jobs. These audits have resulted in many large companies letting go of hundreds of workers. Agricultural, hospitality, and food processing industries, dependent on cheap labor and have lost many employees.

The audits are more effective than the 2009 Bush Administrations sweep of illegal immigrant because employers are forced to eliminate every unauthorized worker on the books, not just the ones who happen to be present during a government raid. Any violations can result in criminal and civil persecution. Today, 11 percent of nearly 8million employers use E-Verify and the numbers are growing. However, many have argued that the use of E-Verify and cracking down on illegal workers is hurting businesses more than it is helping the U.S. economy.  

It is important for your company to follow Federal rules and regulations of employment. If you are caught, not only will your employees be deported, you will be heavily penalized . Your business may not be able to afford and function with the loss of workers and detrimental fines. If you are located in the New York: Manhattan, Bronx, Staten Island, Queens, Brooklyn, Westchester, Rockland County, or New Jersey area, Metropolitan Risk Advisory is a workers comp insurance, business general liability insurance, and risk management firm that can help your company reduce its current and potential risks.

Conflict Between Medical Examiners and Injured Workers

Conflict Between Insurance Medical Examiners and Injured Workers

Hundreds of workers are injured on the job everyday. Companies in New York spend a significant amount on workers’ compensation, many of them are believed to be false injuries. These injured workers are being sent to worker’s compensation insurance independent medical examiners, retired doctors, paid by insurance companies and unregistered insurance brokers to exam injured workers and decide whether or not workers require medical care and/or compensation. Many of these doctors were unregulated until a 2001 state law that requires doctors to be registered with the Workers’ Compensation Board, conduct exams in medical offices, and allow patients to videotape or record their exam or have witnesses present.

Cases claiming that doctors are filing false reports have been appearing at an increasing rate. Patients have video taped their exams as evidence showing doctors confirming an injury during the quick and inadequate exam then reporting the opposite on their reports to the insurance company. Doctors often blame the overwhelming volumes of patients for their errors on their reports; if asked about a patient, they cannot recall patients they see the day before, vague checklists and notes that clerks review are misread, or transcription companies who create the reports from the doctor’s checklist and notes have no experience in medicine.

Independent exams by insurers were created to filter exaggerated injuries and determine who truly needs medical care and compensation. However, independent medical examiners are paid large amounts by these insurance companies to file reports in the insurers interest. Doctors are paid twice the amount by insurance companies to exam injured workers than they are examining their own injured patients.

If you have a New York or New Jersey business, make sure you follow the Occupational Safety and Health Administration regulations to reduce work-site injuries and make sure your business is protected with New York Business Insurance, New Jersey Business Insurance, New York Worker’s Compensation Insurance, or New Jersey Worker’s Compensation Insurance.

Metropolitan Risk Advisory specializes in risk management and insurance solutions. Feel free to pick up the phone and contact us if you have any questions or concerns about your business, insurance, or workers compensation.  

Social Media Firing Case Comes to a Close

 

Social Media Firing Case Comes to a Close

An employee was recently fired from the American Medical Response of Connecticut Inc. Ambulance Service after posting negative comments about her boss on the popular social network, Facebook. The company and the NRLB, National Labor Relations Board settled on an agreement to update NRLB regulations to avoid restricting workers’ rights. How much freedom of speech does an employee have? To what degree can we mix work life and personal life on social network websites. The NRLB argued that the National Labor Relations Act protects the employee’s freedom of speech and it was illegal for the company to fire her. Employees are free to discuss their employment with others and co-workers. The Ambulance Service company had vague and ambiguous regulations regarding commenting on social media websites or blogging between employees in their employee handbook. The company claimed the employee was fired as a result of her behavior and negative personal attacks unprotected by the NRLA. The company is revising it’s regulations and will not reprimand or fire employees who converse about work, issues, and salary outside the workplace.

Many and most people, employees, and companies are utilizing various social media websites to reach audiences, keep in touch with others, and keep people up to date with current company events. Activities and posts your company or employees make can be viewed so it is important to make sure your employees know what can and cannot be open for anyone to see.

At Metropolitan Risk Advisory, we utilize blogging and facebook to provide you with relevant and important information; New York General Liability, New Jersey Liability, New York Worker’s Compensation, New Jersey Worker’s Compensation and other topics that can help your New York or New Jersey business.

The Amazing Shrinking Insurance Policy

As a pet peeve of mine I love to check the size of the product containers I buy. Yeah baby living the dream, what can I say. To wit, Tropicana recently reduced the size the of their one gallon jug of orange juice to 59.5 ounces, down from  64 ounces. Yet they maintained the same cost structure for less product, increasing their profit margin by 8%. The best part is only a very small minority of dweebs noticed. I’ll call this technique profit stealth.

 

For those of you still awake after my riveting first paragraph, let me segway this into the insurance world. I have maintained for years that insurance carriers have gotten very smart , which was the initial motivating factor for me to start insurance mic. The insurance companies have figured out that neither the businesses that purchase insurance, nor the NY  Insurance Brokers , NJ Insurance Brokers / Westchester NY Insurance Brokers that sell the policies actually read what they are selling. Certainly I am broad brushing here as there are plenty of Westchester  NY insurance brokers /Hudson NJ Insurance Brokers that use caution and care placing the broadest possible coverage over top the business risk; however sadly the vast majority don’t. The insurance companies know this, which is why they insert language in their contracts that in essence reduce the size of the juice jug, by reducing coverage, thereby the business buying the policy transfers less risk to the carrier, for the same premium dollars. Brilliant, for them, you, not so much. Hopefully if I write enough of these articles that will change.

 

I have a zillion examples, like policies covering a residential general contractor that excludes, condominiums, town homes, e.t.c. . “I build apartments, not condo’s” . Yes , so what you are saying is you don’t need products and completed operations coverage for the 20 condo buildings you built over the last 10 years huh? Oh , you might want to check the “definitions” section of the policy you just bought where they define “residential construction” to include ANY multi unit, multi family building. I hope your policy covers the retainer your going to have to part with to force coverage from the carrier you just partnered with. I could blow out my keyboard with examples just like this one.

 

What’s so difficult to impart to clients, and potential clients that just look at the premium two insurance carriers are charging is the cost of just making your buying decision on price. Too often clients don’t understand the premium is so much less because they are retaining much more of the risk on their balance sheets. Insurance quite simply is a mechanism to finance a loss, if you loss the ability to finance a broader range of losses than it’s ultimately you that retains the risk and  has to pay, usually big wiping out 10 years of premium savings.

 

I wrote an interesting article for another Blog I run that just focuses on Construction Company Risk awhile back called Insurance Mic that trys to explain how to calculate the cost of an insurance purchase, rather than looking purely at the premium. To understand more about this read :The Cold Hard Realities of the Soft Insurance Marketplace.

 

Here’s my entire salient point .Please be careful about the insurance contract you purchase, the containers are getting smaller and no one is paying attention. If you are purchasing NY Commercial General Liability Insurance , NJ Commercial General Liability Insurance , NY Workers Compensation Insurance, NJ Workers Compensation Insurance please ask for a sample policy that includes all of the forms and endorsements proposed to you. Have someone with a particular level of expertise read the policy and ask questions before you buy. You have all the leverage prior to binding the insurance, and none once you committed for the year. Give your broker copies of leases and contracts you sign which encumber certain financial obligations upon your business. Ask your insurance broker which contract clauses or obligations the insurance WON’T respond to rather than the ones t won’t. That’s a trap question for the broker and carrier by the way.  Asking questions about how certain claims scenarios would be treated prior to the loss is GREAT WISDOM, because it’s actionable. After you receive the phone call from your Project Manager about an accident or event is very difficult to manage as the die has already been cast.

 

Questions, comments about your policy, please call us as we will be happy to engage in a thoughtful debate about how and if your potential for loss is financed by insurance or your checking account. Click for a free consultation on business insurance today.

Product Defect Shutters Small Business

A glove manufacturer based in Arkansas that sold defective fire resistant gloves to the New York City Fire Department has shuttered it’s doors. I highlight this piece of news as this is the ultimate NET INCOME LOSS. Had they used the time tested tools of risk management, this situation could have almost certainly been avoided. According to a New York Times Article the problem stemmed from switching an interior lining material that had passed all of the qualifying tests, for an inferior material that resulted in firemen in New York City receiving burns on their hands that should have been afforded protection by these “state of the art gloves”. Check out this link on the New York City fire Departments web site touting the new gloves! Fire Fighters Get New Blaze Fighter Gloves

In situations like this you most certainly can’t buy enough insurance. Any limit you purchase would be near exhaustion if you sold enough product.Once more the renewal premium may be too high for them to absorb driving their fixed and variable cost structure beyond the competitive threshold. A  critical point is that most of the Net Income Loss experienced by a situation like this would not be covered by insurance, but absorbed by the business. Loss of goodwill, the effort to institute a sizeable product recall, the diverting of critical cash flow and resources such as employee effort to deal with this mistake is not covered by insurance. That kind of productivity loss, sales, marketing PR e.t.c. sits on your profit & loss statement impacting not just your short term results but ultimately the viability of your company.

Had there been a protocol in place that would have put each component of the glove through rigorous product testing before a decision is made to abruptly change course, the probability of this type of event would be greatly reduced. Beyond product compliance, design, and testing purchasing product from a large manufacturer with significant resources to back the performance of their product component is usually a great strategy as it would have enabled this glove manufacture to pass a great deal of this risk, and loss from their balance sheet to that of their vendors. Too often in the unyielding quest to drive down product costs I see companies choose the ‘Cheapest” product, which ultimately results in a much higher cost throughout the lifetime of the business relationship. I see this often as I watch C.F.O.’s  and small business owners buying patterns as it relates to insurance. They unwittingly jump at the lowest quoted premium rather than fully evaluating how much risk they are retaining , versus how much they are transferring, and at what potential cost. Risk should be the most important component variable and not insurance premium. Ultimately C.F.O.’s , small business owners and sadly many of the brokers that place NY & NJ Commercial General Liability Insurance  only know how to evaluate the proposal based upon premium. It’s a much easier variable to quantify which is why so many mistakes are made. 

Don’t goes toes up like the The Glove Corporation . Stop buying insurance, and hire a Risk Advisor. Your business life may depend on it!!

NYC Declares Eminent Domain on Queens Development Site

Finally after years of wrangling and negotiating, the Bloomberg Administration is done talking and is taking action relating to the 62 acre Willets Point site in Queens, adjacent to Citi Field. The site, has long been a festering eyesore , which is hard to do when you sit across from Shea Stadium now appears set to get a makeover. With the stewardship of Claire Shulman , ex Queens Borough President , and Vincent Riso , the esteemed leader of The Briarwood Organization, it appears a new long awaited chapter begins in an area long blighted by more than an underperforming, overpaid National League Baseball team. 

According to City Officials the Eminent Domain process will begin on the first 20 acre parcel next week. This spring the city will begin to solicit bids from Developers. 

New York Closes Down a Brooklyn Tortilla Factory

New York Closes Down a Brooklyn Tortilla Factory

On Monday January 24, 2011, twenty-two year old worker Juan Baten fell into a factory dough mixer at the Tortilleria Chinantla located in Brooklyn, New York. After this tragic incident, inspectors discovered that the factory’s worker’s compensation insurance depleted in March of 2010 and had not been renewed. The factory has been without worker’s compensation insurance for almost a year and is now being penalized with $56,000 in fines. The Tortilleria Chinantla factory will not operate until the company purchases worker’s compensation and pays off its fines.

Taking short-cuts to save your company money is definitely not worth the risk of losing an employee and other consequences you may face. Protect you business and your employees by renewing your New York or Ne Jersey worker’s compensation insurance policy every year and keeping up with OSHA regulations. Metropolitan Risk Advisory specializes in worker’s compensation and risk management. Don’t keep your business at danger any longer and give us a call to help you with your issues or concerns.

More Reasonable Health Care for Small Businesses

More Reasonable Health Care for Small Businesses

Health care insurance premiums have been increasing dramatically and have been hurting many small businesses. Health care costs take a large percentage of small business’ payroll, which was beginning to be unfeasible for many businesses. Small businesses pay at least 18% more than large companies who can better afford employee health care. Many small businesses were left with the decision to close their doors or to drop employee health care. However, the new health care reform tax credits will be rewarded to small businesses who have difficulty sustaining health benefits.

This new small business health care tax rebate will businesses who employ over �x2153 of the American population, with less than 100 employees in each company. Tax credit is given to businesses that employ less than 25 full time employees who have annual salaries of less than $50,000. These businesses in turn must pay a minimum of 50% of their workers’ health insurance premiums. Small firms who employ 10 or less employees who earn up to $25,000 annually will receive the greatest credit, and must pay 35% of their employees’ health insurance premium. An estimated 84% of small businesses will be eligible for the health care tax rebate; this will cover about 16.6 million workers.

To find out if your small business qualifies for the health care reform tax rebate, the IRS website will provide you with a list to see if the number of workers you employ and their salaries are enough.

A new law will make denied coverage illegal. Usually, insurers will try to find any excuse to drop coverage for a significant claim, not any more.

All health care plans are required to cover preventative care such as annual physicals and other essential checkups and programs. The gov. has put aside $200mill in grants over 5 years to assist small businesses include programs which include nutrition, stress management, smoking cessation, and physical fitness.

Greater tax rebates will be given by 2014. Health insurance companies can’t charge more no matter the health status, gender, or age of the employee.

If you operate a small business, it might be helpful to look over the new health care laws that can help and satisfy you and your employees.

You can also save your business by finding out what risks your business may face or how you can save your business money by consulting New York or New Jersey risk management agencies.

Revision of NY Workers Compensation Benefits

Revision of NY Workers Compensation Benefits
Since July 2010:
Short Term Disability (total benefits)
% of wage= 66.66
Weekly Pay:
min=<$100
max=$600
Max length of time/ longevity of disability
Continual Disability Benefits (total)
% of wage=66.66
Weekly Pay:
min=,$100
max=$600
Max length of time/ longevity of disability
Short Term incomplete Disability Benefits
% wage: 66.66% of difference between injured or ill employee’s avg. weekly pay prior to the incident and the employee’s salary earning capacity post incident at a different or at the same company.
Continual Incomplete Disability Benefits
% of wage= 66.66
Weekly Pay:
min-,$100
max=$600
Max length of time of injury/ Longevity of disability
Max benefits and weeks for continual incomplete disability
Injury-Scheduled:
Shoulder=$187,200. weeks=312
Hand= $146,400. weeks=244
Leg/Hip=$172,800. weeks=288
Foot=$123,000. weeks=205
Eye=$96,000. weeks=160
Both Ears=$90,000. weeks=150
One ear=$36,000. weeks=60
Injury-unscheduled: no official max
Payment for Scheduled Benefits:
Covered, plus short term full disability
Covered, upon ending short term full disability
Lowered upon receipt of short term full disability, under specific conditions
Regulation of Max Benefit Stratum
No regulatory arrangement
Distortion Benefits
Nature of Distortion- severe facial, neck, head, chest
Atonement given- $20,000 max
Max length of time- not available
Death Advantages towards family
% of worker’s salary paid:
Spouse= 66.66%
Spouse+Children=66.66%
Payments/week
$100min
$600max
Max length of time- until the surviving spouse remarries or dies. The surviving spouse is given a two year portion upon remarriage. The children are covered until they turn 18 years of age, unless physically or mentally disabled or until they are 23 years of age as a full time student.
Extra Concentrations- Social Security advantages
Max burial allotment
Authorities of NY Worker’s Compensation Board set costs for funeral services. Funeral costs of $6,000 in urban counties are payable and costs of $5,000 in other counties are payable
Benefit Wait for all disabilities:
7 day wait
Compensation acknowledged for more than fourteen days if disability continues after noted period from the date of the incident
Compensation payment methods
Direct compensation
W.C Law Advantage Counteract Arrangements
An accepted counteract is given to a surviving spouse’s compensation up to 50% of the spouse’s social security advantages. No increase in compensation after the date of death will be given. If you or someone you know has lost a spouse due to a work related illness or injury and have issues and concerns about worker’s compensation, there are specialized agencies in New York who can help.