Category Archives: Loss Control

HR Challenges, Loss Control, Risk Management, Workers Compensation Insurance

The 4 Types Of Workplace Violence

Workplace Violence can be difficult to identify because it is more than homicides or physical assaults. This can be non-violent offenses like stalking, threatening words or other menacing contacts. Workplace Violence is defined as any physical assault, threatening behavior or verbal abuse that occurs in a work setting. 

These forms of non-physical and physical violence affect approximately 25 million people a year. When not properly addressed workplace violence can result in a major decline in employee morale, management efficiency, and productivity. There is a cost impact as well, like lost wages, higher benefit payments and greater usage of sick time. 

Workplace violence can be divided into 4 categories. However, most people affected by workplace violence are usually subjected to more than one category of workplace violence. 

In all of the four following types of workplace violence events, a human being or hazardous agent commits the assault:

Type I – Criminal Intent

The perpetrator has no legitimate business relationship to the workplace and usually enters the affected workplace to commit a robbery or other criminal act.

These incidents are normally between employees who have face to face contact and exchange money with the public, work late at night and into early mornings or work alone. While the perpetrator maybe pretends to be a customer of the establishment, the person has no legitimate business relationship to the workplace. 

Type II – Customer/Client/Patients

The perpetrator is either the recipient or the object of a service provided by the affected workplace or the victim. For example, the assailant is a current or former client, patient, customer, passenger, criminal suspect, inmate, or prisoner.


Type II events involve an assault by someone who is either the recipient or object of a service provided by the workplace or victim. These events involve assaults on public safety and correctional personnel, municipal bus or railway drivers, health care and social service providers, teachers, sales personnel, and other public or private service sector employees who provide professional, public safety, or administrative or business services to the public. 

Type III Worker/worker

The perpetrator has some employment-related involvement with the affected workplace. For example, an assault by a current or former employee, supervisor or manager.

Type III events generally involve threats of violence resulting in fatal or nonfatal injury to another worker. Commonly found in type III events are the individual may be seeking revenge for what is perceived to be unfair treatment by another coworker, a supervisor, or a manager.

Type IV Personal Relationship

The perpetrator has some employment-related involvement with the affected workplace but is not employed at the workplace. Rather, the agent is known to or has a personal relationship with, an employee.

Most Type IV events involve domestic or romantic disputes in which an employee is threatened in the workplace by an individual who has personal relationships outside of work.

Prevention

If there are one or more of the following factors present in the workplace, employers should consider the workplace to be at potential risk of violence:

  • Exchange of money.
  • Employees required to work alone at night and during early morning hours.
  • Availability of valued items, for example, money and jewelry.
  • Guarding of money or valuable property or possessions.
  • Employees perform public safety functions in the community.
  • Employees work with patients, clients, passengers, customers, or students known or suspected to have a history of violence.
  • Some employees have a history of assaults or have exhibited belligerent, intimidating, or threatening behavior to others.

Many workplaces are at risk for workplace violence, but certain workplaces are recognized to be at significantly greater risk than others. Therefore, every employer should perform an initial assessment to identify workplace security factors that have been shown to contribute to the risk of violence.

If you have any questions on what workplace violence is and how your organization may be at risk, contact a Risk Advisor by clicking here or by calling at 914-357-8444

Cyber Liability Insurance, Line of Insurance, Loss Control, Practice Groups, Risk Management

Business Interruption and Ransomware

Ransomware is a type of malware designed to deny access to a person’s computer unless they pay the hacker ransom. The NY Times reports that these attacks have grown over the past year with a 41 percent increase in 2019. Ransomware attacks are a growing problem, not only in the severity of the attack but the duration of time an organization is under attack. Also, the time lost from the point of the attack to the backup security.

 

Cybercrime continues to evolve with the changes in technology. Ransomware attacks have always targeted organizations with lax cybersecurity. Today cyber criminals can embed ransomware onto an organization’s server or website and the ransomware can lay dormant on a machine/server for months while collecting data on the organization.  

 

Business owners should take the time to understand their coverage in their business interruption policies. Since ransomware attacks are becoming easier for cybercriminals to execute, business owners should look into fortifying their digital assets and make sure that they have Business Interruption Coverage in the event their business is attacked. It is scary to think that nothing can be done when faced with a cyberattack, but being prepared for the potential loss revenue/income during downtime due to an attack is just as important as preemptively assessing what cybersecurity measures your organization has in place. 

 

Business Interruption Coverage

Business interruption coverage is only going to help your organization regain some of the financial loss that will occur with a security breach. It is a response to an incident that has occurred, not a proactive approach to stopping a breach from occurring.  Without business interruption coverage your organization would not be able to report a claim to help rebuild your business’s lost data. Business interruption insurance covers any income lost due to a disaster, in this case, a disaster would be a ransomware attack or any other type of cyber attack. 

A Proactive Approach

Recognizing weak spots in your organization’s cybersecurity is one way to proactively protect your organization from cyber-attacks. Digital has become the new normal. Taking a few extra steps will protect your business assets and save your organization by avoiding a cyber-attack. A few things for your organization to consider are:

  • Select trusted and reputable telecommunication & telework software for your organization. With more organizations moving to remote work, there has been an uptick in fake telework companies.
  • Keep an eye out for Business Email Compromise (BEC). This type of compromise can be associated with fake new clients & phishing schemes targeting your employee’s personal data like business logins and banking information.
  • Use multi-factor authentication when accessing organization sites, resources and files. We previously released an article with our suggestions to prevent SIM-Hacking. Click here to read the guide and learn more about multi-factor authentification.
  • Ensure all computers & mobile devices have up to date antivirus software installed. Keep all software up to date, including website plugins, browsers, and document readers.
  • Don’t open attachments or click links within emails received from unknown senders.

 

Cybersecurity Measures To Take

Another thing an organization does is make sure your employees have the training to recognize ways that criminals attack. Ransomware doesn’t just end up on a server. They place it there through downloaded files or phishing websites.

Train your employees to recognize the signs of a phishing attack. Regularly schedule phishing tests to test whether your employees are practicing safe internet behavior. 

 

Still have questions? Still want more info? Take the proactive approach and contact a risk advisor or call 914-357-8444 to discuss how your organization can protect itself from a ransomware attack and ensure that your organization has business interruption coverage to protect yourself if an attack occurs. 

Construction Practice Group Content, Food & Beverage Practice Group Content, HR Challenges, Human Services Practice Group Content, Loss Control, Practice Groups, Risk Financing, Transportation Practice Group Content

A Small Business’ Guide To The CARES Act

On Friday, March 25, 2020, the US Senate passed the CoronaVirus Aid, Relief and Economic Security Act (CARES Act), to help provide financial relief to the people and business of America. This bill is a $2 Trillion dollar relief in response to the economic fallout from the fast-developing Coronavirus pandemic. The CARES Act is meant to provide direct financial aid to American families, payroll and operating expense support for small business and loan assistance for industries affected by the pandemic. Here is a breakdown of some of the topics the CARES Act covers:

What is the Paycheck Protection Program?

The Paycheck Protection Program, one of the largest sections of the CARES Act, is the most important provision in the new stimulus bill for most small businesses. This new program sets aside $350 billion in government-backed loans, and it is modeled after the existing SBA 7(a) loan program many businesses already know.

Who Qualifies for the Paycheck Protection Program?

This program was created as an incentive for small businesses with fewer than 500 employees and select businesses with 1,500 employees to maintain payroll through June and expands the SBA network so that more banks, credit unions, and lenders can issue those loans. The goal is for small businesses to no lay off workers and rehire laid-off workers that lost jobs due to COVID-19 disruptions.

What Is The Maximum Loan Amount A Business Can Recieve Though The Paycheck Protection Program?

The maximum loan amount under the Paycheck Protection Act is $10 million, with an interest rate no higher than 4%. No personal guarantee or collateral is required for the loan. The lenders are expected to defer fees, principal and interest for no less than six months and no more than one year.

What Can These Funds Be Used For?

Businesses can use funds from the Program loans to cover expenses including:

  • Payroll costs, including compensation to employees; payments for vacation, parental, family, medical or sick leave; severance payments; payments required for group health care benefits (including insurance premiums), retirement benefits, and state and local employment taxes
  • Interest payments on any mortgage obligations or other debt obligations incurred before February 15, 2020 (but not any payments or prepayments of principal)
  • Rent
  • Utilities

However, the money cannot be used for compensation of individual employees, independent contractors, or sole proprietors in excess of an annual salary of $100,000; compensation of employees with a principal place of residence outside the United States; or leave wages already covered by the Families First Coronavirus Response Act.

How Are Loans Made Under The Paycheck Protection Program Different From Traditional 7(a) Loans?

Unlike traditional SBA 7(a) loans, no personal guarantee will be required to receive funds and no collateral needs to be pledged. Similarly, the CARES Act waives the requirement that a business shows that it cannot obtain credit elsewhere. In lieu of these requirements, borrowers must certify that the loan is necessary due to the uncertainty of current economic conditions; that they will use the funds to retain workers, maintain payroll, or make lease, mortgage, and utility payments; and that they are not receiving duplicative funds for the same uses.

The SBA will not collect any yearly or guarantee fees for the loan and all prepayment penalties are waived. Payment of principal, interest, and fees will be deferred for at yeast6months but not more than a year.

The SBA has no recourse against any borrower for non-payment of the loan, except where the borrower has used the loan proceeds for a non-allowable purpose.

What Are The Loan Forgiveness Requirements?

Borrowers are eligible for loan forgiveness for 8 weeks commencing from the origination date of the loan of payroll costs and rent payments, utility payments, or mortgage interest payments. Eligible payroll costs do not include annual compensation greater than $100,000 for individual employees.

The amount of loan forgiveness may be reduced if the employer reduces the number of employees as compared to the prior year, or if the employer reduces the pay of any employee by more than 25% as of the last calendar quarter. Employers who re-hire workers previously laid off as a result of the COVID-19 crisis will not be penalized for having a reduced payroll for the beginning of the relevant period. Forgiveness may also include additional wages paid to tipped workers.

Borrowers must apply for loan forgiveness to their lenders by submitting required documentation (as discussed in further detail below) and will receive a decision within 60 days.

If a balance remains after the borrower receives loan forgiveness, the outstanding loan will have a maximum maturity date of 10 years after the application for loan forgiveness.

How Does A Business Apply For A Loan Under the Paycheck Protection Program?

We expect additional guidance from the SBA regarding how to apply for Program loans, including additional resources on the SBA website about how to find a qualified lender. Borrowers who have outstanding SBA loans may also want to contact their existing lenders to inquire about applying for loans under the Program.

Is Relief Available For Businesses With Pre-existing SBA Loans?

Yes. The SBA will pay the principal, interest, and associated fees on certain pre-existing SBA loans for 6 months.

Does the CARES Act Affect Any Other Loans Available To Small Businesses?

Yes. The maximum loan amount for an Express Loan is increased from $350,000 to $1 million.

The CARES Act also expands eligibility for borrowers applying for an Emergency Economic Injury Disaster Loan (EIDL) grant. Under the Act, emergency EIDLs are available for businesses or cooperatives with fewer than 500 employees, sole proprietors or independent contractors, or Employee Stock Ownership Plans (ESOPs) with fewer than 500 employees. Additionally, the Act waives requirements that (1) the borrower provide a personal guarantee for loans up to $200,000, (2) that the eligible business be in operation for one year prior to the disaster, and (3) that the borrower be unable to obtain credit elsewhere. The SBA is also empowered to approve applicants for small-dollar loans solely on the basis of their credit score or “alternative appropriate methods to determine an applicant’s ability to repay.”

Most significantly for borrowers seeking an immediate influx of funds, borrowers may receive a $10,000 emergency advance within three days after applying for an EIDL grant. If the application is denied, the applicant is not required to repay the $10,000 advance. Emergency advance funds can be used for payroll costs, increased material costs, rent or mortgage payments, or for repaying obligations that cannot be met due to revenue losses.

Borrowers may apply for an EIDL grant in addition to a loan under the Paycheck Protection Program, provided the loans are not used for the same purpose. If a borrower received a loan under 7(b)(2) after January 31, 2020, the borrower may refinance the outstanding balance as part of a loan under the Program.

For more resources on the CARES Act:

Construction Practice Group Content, Loss Control, OSHA, Risk Management, Workers Compensation Insurance

REMINDER: Site Safety Training Requirements Due Dec. 1, 2019

This is just a quick reminder to all our clients and friends that as of December 1st, 2019 per Local Law 196 of 2017, Site Safety Training or SST, workers at job sites requiring a Construction Superintendent, Site Safety Coordinator or Site Safety Manager must have a total of 30 hours of safety training by December 1, 2019 and a total of 40 hours by September 2020. Supervisors must have 62 hours of training by December 1, 2019.

Further for General Contractors (G.C.’s), every site must post worker safety information posters as each job site they are running where safety is required. This was effective as of October 14th, 2019. 

 

Per the NYC Department of Buildings (DOB), the signs must contain the following attributes.

  • Contain specific information about required worker safety training, including all site safety training deadlines and the number of required training hours, and the information must
  • Be in all languages used by workers to communicate at the construction site. In addition, the signs must
  • Be clearly visible to workers and must be posted at the construction site as follows:
    • Sites with construction fencing must post a sign at each egress point on the inside of the construction fencing, including vehicle delivery fence gates and existing loading docks.
    • Sites without construction fencing must post a sign at each egress point within the controlled access zone where construction is taking place and at each existing loading dock or location used for construction delivery or access.

To comply with the new requirements, the posted sign must:

  • be 44 inches wide and 30 inches high;
  • have letters at least 1 inch (25 mm) high;
  • have white letters on a blue background; and
  • be made of a durable and weatherproof material such as vinyl, plastic, or aluminum that is flame retardant.

The NYC DOB also was kind enough to build out templates in various languages for a diverse workforce population. If you wish to obtain a Site Safety Poster in a different language than English CLICK HERE. 

Any questions we recommend so speak directly with Complete Safety Services, LLC Sinead O’Flaherty. CLICK HERE to contact Sinead. 

 

 

Construction Practice Group Content, Food & Beverage Practice Group Content, General Liability Insurance, Loss Control, Risk Management, Transportation Practice Group Content

10 Storm Preparedness Tips for Business Continuity

Proper storm preparedness can help your organization continue to operate if an incident occurs within your offices that require your employees to transition to remote work.  A weather incident like Super Storm Sandy in 2011 taught us these tips on weather preparedness.

  1.  Transfer incoming business calls to an answering service ( located off the east coast preferably), or your cell phone voice mail. No power no calls. You could be down days! Not too late to set up a Google Voice Account that provides a text translation of every call.
  2.  Alert your team to back up their workspaces onto an offline platform like a USB-drive or removable hard drive. Email the team to ensure they’ve backed up any information they may need while the servers are offline. If you didn’t do that, call all hands on deck to save these files. Burn it to a CD.
  3.  Back up all Server Data to a portable device or even better to a service like Google Drive. Duplicate and move the data so you can plug and play when the power is back, or from a remote location.
  4.  Make sure employees can access their email remotely. Remind everyone to charge their cell phones Saturday. Shut them down until Monday to conserve battery as power may be out days. Have them buy car chargers so they can charge the cells from the car battery.
  5.  Unplug all computers, servers, and electronics to prevent circuit damage from power surges. There are a million ways the circuitry can get fried, unplug it to reduce the risk of losing your electronics to fried circuitry.
  6. Remove electronics from the floor. Many organizations set desktop workstations on the floor to maximize desk space. If your employees are not working in the office, remove these electronics from the floor to prevent water damage if flooding occurs. Leaks, blown windows, and floods coming from all directions can be a problem. I don’t care where your office is, water is fluid and indiscriminate. Get it all off the floor, and put something over the top so leaks from above can’t hit it. 
  7. Have a list of employee contact information. Designated an employee or two (always good to have a back-up in case the first employee lacks cell phone service) as the designated contact. Cell service may be spotty, texting has a better shot of getting through. Create this list and distribute it to every employee.  You might be working remotely for a long time.
  8. Establish a chain of communication with employees. Keep them posted. Efficient communication is critical.  Set up social media accounts, or email chains to ensure quick and easy communications. 
  9. Alert your clients of an alternative way to contact your staff, if conventional means of communications are down. Create a banner or landing page on your website to alert clients of how to reach you in the event that your office is closed.  Create a landing page on your website that gives clients or customers an indication of how to reach you and what is happening with your business. Emergency contact numbers e.t.c. Communication is key!
  10.   Seal wind-exposed window seams with duct tape, remove sensitive items away from windows and off the floors. Take sensitive documents off the floor, and out from the bottom drawers, put them someplace safe.

 

For more information on storm preparedness for your business operations, contact a risk advisor at 914-357-8444.

Construction Practice Group Content, Cyber Liability Insurance, Food & Beverage Practice Group Content, General Liability Insurance, Human Services Practice Group Content, Line of Insurance, Loss Control, Practice Groups, Risk Management, Transportation Practice Group Content

The 21st Century Solution for Business Protection: Cyber insurance

Ordering a pizza, listening to music, getting a mortgage. All are examples of normal activities that have adapted with the emergence of computers. It is no wonder that insurance has also taken part in this advancement into the new era. However, this new, innovative idea that combines insurance with computers holds a name that the average person may find overwhelming and hard to understand: cyber insurance. On the surface, cyber insurance is very similar to most other insurance. Carriers take on your risk for a price in order to limit your losses in a case regarding cyberspace. However, since this is new, there are a lot of questions about coverage and how to purchase a plan.

Cyber Policies

Cyber attacks can cripple a company as so much of a business is done through computers these days. For that reason, it is imperative that companies become acquainted with cyber insurance, as it will  cover against these devastating hits. Cyber insurance mitigates the risk involved with doing online business which allows for companies to take part in a new growth area while still being protected against the heightened risks involved with doing business online. It is also important to understand what each policy covers as there are some pretty complex rules that carriers follow when determining their exposure to certain events.

With a whole new category of insurance in place, it is important for businesses to understand what exactly is incorporated into their cost of insurance premiums, so they can take the resulting steps to reduce these costs as much as possible. A few factors that affect a cyber insurance premium are annual revenue, industry, and network security. So although cyber insurance will be an additional cost incurred for a company, there are ways to reduce this cost while still reaping the benefits of diminished risk surrounding cyberspace. Even with this additional cost, it still makes sense to take advantage of this new insurance. Hacking can disrupt business dramatically while causing costs to skyrockets and the company’s reputation to plummet.

FAQs

What needs to be covered?

It is important to understand what the biggest risk areas are. After determining the largest risk areas based on potential reputation damage, restoration costs, and reimbursement from regulatory fines, it would be logical to cover as much as possible starting with the largest risk areas.

What are the different types of cyber liability insurance?

Cyber liability insurance falls into two main categories: first-party and third-party. First-party insurance covers the holder’s direct losses from cyberattacks while third-party insurance covers companies that allowed a client network to experience a data breach. Some things that first-party insurance would cover include data theft, compensation for lost income, costs of notifying customers, and the cost of repairing a company’s reputation. An example of third-party coverage would be the following. A company made a website for another company and hacker took over the website. The creating company might receive legal fees and compensation for settlements or damages in court cases.

Exclusions of cyber incidents from coverage?

There are a few issues that most providers don’t include in coverage. Some of these include cyber issues resulting from failure to maintain a minimum level of cybersecurity, the careless mishandling of sensitive information, and malicious acts by employees. All of these examples should be avoidable through careful management and decision making.

In the case that it’s the company’s fault, do insurers still pay?

The short answer is that it depends on the situation and policy. Depending on what the coverage agreement is, insurers may still cover issues that are the company’s fault.

How long does a company have to report the breach?

Insurance companies like for companies to report the breach when practical. They understand it might take time as a company’s first priority may be to fix the problem. They also know they may need to provide clarity to all affected. However, the insurance company might become concerned if the issue is reported a long time after it is discovered as that might come off as fishy and affect the settlement deal.

Pricing of cyber insurance?

The main factor in pricing cyber insurance is the company’s annual revenue, as more revenue correlates to higher risk exposure. In addition to revenue, insurance companies also look at industry type. It is important how much network security there is in order to price insurance premiums.

For more information book time with
Risk Advisors or call 914-357-8444

Construction Practice Group Content, Loss Control, Risk Management

NYC Dept of Buildings Local Law 81

A safe work environment starts with good systems and proactive, engaged leadership. Your safety programs success depends greatly on how much of these attributes you bring to the table. Accidents in the workplace are usually caused by lack of attention AND lack of  supervision. Recently, the NYC Department of Buildings (DOB) assigned more responsibilities to construction superintendents as obligatory measures to increase the level of safety and security in the workplace. On November 6, 2017 statutes were implemented and referred to as Local Law 81.

Here’s what you need to know:

The criteria for jobs needing Site Safety Plans (SSP) and Superintendents consists of the following:

    • Excavation
    • Jobs with heightened risk to public & property
    • Alteration
    • Vertical & horizontal enlargement
    • New building construction or full demolition (not including 1-3 family homes)
    • Demo 50%+ floor area over 1 year
  • Underpinning

Does your project fit in one of these criteria?

Local Law 81 demands that superintendents and their responsibilities go beyond their normal work duties of overseeing the progress of work on the jobsite, scheduling the workforce and directing. The following are the added provisions:

    • Notifying the DOB and recording incidents in a daily log in the event of an accident to persons or adjoining properties.
    • Being the point person to notify the DOB immediately.  
    • Assessing unsafe conditions and notifying those responsible for it.  As well as ensuring the conditions are corrected and recording it in a daily log.
    • Being held responsible for all conditions in the building code such as working without permits, improperly constructed sidewalk sheds and standpipes, operating equipment without a license and other job site malfeasance.  
    • Reporting to every job site daily for which they are responsible to sign a daily log
    • Ensuring work that complies with approved documents and maintaining a log of daily activities.
  • Having a competent person, as defined by OSHA on the job site to be present while doing work.

Are your construction superintendents in compliance with these new provisions? What happens when they don’t?

    • They are criminally prosecuted.
    • Stop work orders and delay projects
    • Disciplinary actions pursuant to the NYC Administrative Code
    • Violations and fines issued to up to $25,000.
  • Suspension and revocation of licenses or Certificate of Competence.

Construction superintendents are now vested with more responsibilities but what happens if the site conditions were already unsafe? The conditions will be inspected for code compliance, JHAs, daily logs, accident reporting, site safety drawings, equipment inspection checklists, inspection of orientation forms and safety training certifications and plan verification with matching field conditions. In addition, SSPs must be on the jobsite at all times and be made available to the DOB upon request.  

In conjunction with Local Law 81, Local Law 196 implements new construction safety training.

Here’s what you can do (minimally) :

Supervisors and workers must complete one of the following:

    • OSHA 10-hour class; or
    • OSHA 30-hour class; or
  • A 100-hour training program approved by the Department of Buildings (DOB) (such as a training as an apprentice)

Permit holders must certify that workers had the required training and be able to prove the certifications if audited.  For an untrained worker there is a $15,000 fine.

    • $5,000 for the owner
    • $5,000 for the permit holder
    • $5,000 for the employer
  • Failing to keep a log of trained workers face a $2,500 fine.

In addition, the DOB will make unannounced site checks, targeting sites where untrained workers have been found and other jobs of permit holders.

Creating a safe work environment and preventing workplace accidents/injuries should be a priority as much as doing the actual work.
Should you have any questions your Metropolitan Risk Advisor is ready to help. Contact one HERE.

Construction Practice Group Content, Loss Control, Risk Management

Pre-Shift Safety Meetings in Construction

In addition to a number of site safety prerequisites regarding construction superintendents local law 204 necessitates pre-shift safety meetings for workers at construction sites.

A permit holder who requires a site safety manager, site safety coordinator and construction superintendent must have a safety meeting with workers who are on site and under a permit holder or by a performing subcontractor. It is imperative that this meeting takes place before the initiation of any construction or demolition work.

Hold the safety meeting under these following conditions:

  1. Have a Competent Person Conduct the Pre-Shift Safety Meetings: When the permit holder designates this person, they must have a pre-shift safety meeting before the commencement of any construction or demolition work. The competent person must be able to communicate with each worker at the meeting.

Click Here to Read More About Competent Workers.

      2. The Pre-Shift Meeting Content: The meeting covers a review of the activities and duties to accomplish during the shift, along with detailed information regarding the safety and risks associated with specific tasks.

      3. Records: The permit holder must maintain a record for each worker and meetings must be held once a week. The records must include the following:

  • The name, title and company associated to each worker who has participated.
  • The name, title and company association of the competent person who held the meeting along with their signature.
  • The date and time of the meeting.

This law has taken effect as of May 16th, 2018.  The commissioner of buildings may take certain measures such as promoting rules to ensure the implementation of the law.

Stay ahead of the curve and speak with one of our risk advisors today!

Claims Management, Construction Practice Group Content, Loss Control, OSHA, Workers Compensation Insurance

The Importance of a Work Site Accident Witness

The Importance of Worksite Accident Witnesses

Finding a witness to a worksite accident resulting in injury or property harm is of the utmost importance to contractors. A worksite accident witness is an integral component for the defense. They can discern the chain of events such as where the worker was and what they were doing or what they were working on the moment prior to the accident.

Work-site injury procedures and steps to finding a witness: take police, fire, and EMS statements and records AND:

  • Talk to the staff and acquire names and contact info of potential witnesses who could have been at the scene.
  • Ask for a complete list of all the workers on the project.
  • Look at certified payroll documents and lists of persons working on the day of the accident on CCIP- Contractor Controlled Insurance Program
  • Observe the scene at the same time the incident happened. In addition, observe mailmen or delivery men who may be a witness to the case. Look at the scene at the same time the incident happened.

Find people who can give detailed information about the project, interaction between workers, and behavior of the general contractor to piece the clues together to present to a judge and jury.

A worksite incident form should have a section dedicated to identifying the witness and relaying their account of the accident. Next, statements from a witness should be taken as soon after the incident as possible.  The sooner you can locate a worksite accident witness, the better for all parties involved.  The clearer their memory, the more details they will be able to share regarding the incident.

Still want more info? If you would like to take a deeper dive into this issue or perhaps require assistance developing a worksite incident/day of loss reporting protocol including witness statements, contact a Risk Advisor today by Clicking Here.