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BrocK-Norton   Insurance

Coverage, Education, Support

Be Aware of Distracted Driving

4/10/2024

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The month of April is Distracted Driving Awareness Month. Because it involves cognitive, manual, and visual distraction, fiddling with your phone while driving is extremely dangerous.  We ask everyone to make a special effort to set the phone aside while driving. We here at Brock-Norton encourage our clients, employees and any/all drivers to put down their phones and buckle up.
 
The CDC has said that there are three types of distracted driving. They are as follows:


1.     Visual distractions that cause you to take your eyes off the road.
                        a.     Examples:
                                                     i.     This can be using a GPS/Waze
                                                   ii.     Looking at billboards/signage
                                                  iii.     Rubbernecking at an accident
                                                 iv.     Checking out the surrounding area or scenery or even looking
                                                           at other cars around you


2.     Manual distractions that cause you to remove one of your hands off of the wheel.
                        a.     Examples:
                                                     i.     Eating
                                                   ii.     Using your phone
                                                  iii.     Changing the radio station or song on your playlist
                                                 iv.     Reaching for something in the car
                                                   v.     Applying Makeup
                                                 vi.     Adjusting the Air Conditioning
 
3.     Cognitive distractions that can take your mind off of driving.
                        a.     Examples:
                                                     i.     Singing
                                                   ii.     Talking
                                                  iii.     Daydreaming
                                                 iv.     Worrying
                                                   v.     Crying
 
Traffic safety researchers say using a smartphone while driving can be extremely dangerous because all three types of distraction – visual, manual, and cognitive – are involved. 

Here are some facts about distracted driving:

  • Did you know that cell phone use is one of the most common forms of distracted driving. (NSC)
  • Cell phone usage reduces a driver’s attention by 37%. (NSC)
  • Using a phone while driving causes 1.6 million crashes every year. (NSC)
  • The chances of an accident occurring once a driver’s eyes are taken off the road increase by a staggering 400%. (NSC)
  • As of 2024, 48 states and the District of Columbia have banned texting while driving. (NSC)
  • In 2017, 208 people were killed and more than 14,500 were injured in distraction-related traffic crashes in Virginia.  At any given daylight moment across America, approximately 660,000 drivers are using cell phones or manipulating electronic devices while driving.  Please don’t be one of them.

Also, please buckle-up. It’s your best defense against an impaired, reckless, or distracted driver.

We want you and your family to be safe on the road.   
 
The National Safety Council (NSC) provides some eye-opening data: Distracted Driving | NSC
 
** Sources Include The Centers for Disease Control and Prevention (CDC) and National Safety Council (NSC)**
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Train and Prepare Your Employees to Stay Safe in The Heat

8/18/2022

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The health and safety of your employees should be one of your biggest concerns when they are working outside in this summer heat. There are many things you as an employer can do to help prevent any incidents caused by the heat. Listed below are a few ways you can keep your employees safe out in the heat. 

• Provide access to water, rest and shade. 
• Schedule jobs to allow for rest or rotation of your employees.
• Schedule more physically demanding tasks during cooler times of the day.
• Train your employees to recognize heat illness symptoms and take preventative measures throughout the work day.
• Require employees to wear breathable, light clothing.
• Create and maintain an emergency action plan for heat emergencies. Communicate the plan to your employees.
• Provide first-aid training to your employees for heat emergencies.

Learn more about heat safety at http://blog.buildersmutual.com/can-you-take-the-heat.


                          These tips are provided by OSHA and Builder's Mutual,  www.buildersmutual.com
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Independent Contractor or Employee Part 2 – Insurance Implications

7/22/2021

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Written by: ​Jimmy Norton, CPCU

The Independent Contractor vs Employee discussion never ends!  In a prior post, I wrote about State and Federal efforts to crack down on Employee misclassification.  As of July 1, 2020, a new Virginia law declared that all workers are considered Employees and employers must prove their workers are Independent Contractors.  If they cannot offer such proof, then employers must pay for prior wages, benefits and payroll taxes. 
If that wasn’t scary enough, changes in the Contractor vs Employee question can also dramatically increase your company’s liability risk and insurance premiums.  Here’s a look at a few biggies:
 
Workers’ Compensation Insurance
Work Comp laws state that employers must pay medical bills and lost time arising from a work-related injury.  Employees are automatically covered under Work Comp laws, but Independent Contractors are not (some state laws may vary).  If an Independent Contractor is injured while working for your company, he or she could still try to file for benefits under your company’s Work Comp policy.  Insurance Adjusters and State Work Comp Commissions often scrutinize the nature of the employer-worker relationship – similar to the IRS and DOL.  If the Independent Contractor relationship more like an Employee, then that individual’s claim is often covered.  If the Contractor is truly independent, then their claim is usually denied. 

In light of the tightening restrictions, what could happen if an Independent Contractor wins their misclassification suit, and they are retroactively classified as an Employee?  It is possible that they would be entitled to Work Comp benefits that had been denied previously.  Claim amounts can increase, causing insurance rates to increase in future years.

Work Comp premiums are based on gross annual payroll for company Employees.  Independent Contractor compensation is not included in this basis if that Contractor carries his/her own Workers’ Compensation insurance.  If that Contractor is reclassified as an Employee, then he/she can drop his/her policy and rely on the employer’s coverage.  His/her annual compensation is added to the premium basis, thereby increasing the employer’s insurance bill. 
 
General and Professional Liability
If an Independent Contractor causes property damage or bodily injury while working for you, most Liability policies will cover YOU for work they perform on your behalf.  Subcontracted costs are usually included in your Liability premium basis but at a reduced rate.  If those Contractors are now Employees, then their cost becomes payroll and is charged at higher rates depending on the work they perform. 
 
Employment Practices Liability
Employment Practices Liability (EPL) insurance covers companies against discrimination, harassment, wrongful termination and retaliation claims brought by Employees or third parties.  A common Employee action is a “wage and hour” claim, where the Employee alleges that he/she is entitled to overtime or additional compensation due to employer misclassification.  EPL policies typically exclude coverage for wage and hour claims, but many provide a sublimit ($100,000 or $250,000) for defense.  The new DOL rule and state laws may spur a wave of new Employee misclassification claims.  Check your coverage to see if it includes Wage & Hour protection.
 
What Does This Mean For My Business?
Now is a good time to take a look at the relationship between your company and any Independent Contractors whom you use.  Read up on the topic and apply the IRS test (mentioned in my previous post) to see if your Independent Contractor will stand up to scrutiny.

Remember, Virginia and several other states will operate on the assumption that your Contractor is an Employee.  You must prove them wrong.  Do you have enough evidence to support your assertion that they are Contractors?

Read your insurance policies and educate yourself on how they will or will not respond to claims arising from your use of subcontractors.  Give us a call if you have any questions on this topic. 

Be prepared!

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The Unknown Future of Cyber Insurance

7/6/2021

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​The cyber liability market has changed drastically over the last decade and so has our dependence on technology. As the world progresses to be even more digital, protecting the privacy of individuals and corporations alike, will likely be a continuously daunting task. Although the average premium for a small business cyber policy is $2,000/year, the average cost of a cyber claim could be 20 times that cost. This discrepancy is causing carriers to recoil or exit the market entirely. So where does that leave insureds who are required to carry the coverage, sometimes in towers of $5m or more? Check out this great article from Big I that delves into some of the most recent attacks and their impact on the market as a whole, as well as how unpredictable these claims may be in the future.
 
https://www.iamagazine.com/markets/will-cyber-liability-be-an-insurable-risk-in-10-years

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Winter Weather Extremes

2/17/2021

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It’s getting chilly out there. And that change can mean only one thing - winter weather.

While we can’t stop snow, sleet, or freezing rain, we can be prepared. Making sure you are as ready as possible is vital for having a safe winter season.

According to the latest information from FEMA, there are some basic steps to take before a winter storm:

Add the following to your basic emergency preparedness kit.
  • Sand to improve traction.
  • Snow shovels and other snow removal equipment.
  • Sufficient heating fuel. You may become isolated in your home and regular fuel sources may be cut off. 
  • Extra clothing and blankets.
  • Make a family communications plan.
  • Listen to NOAA Weather Radio or to commercial radio or television newscasts   for the latest information, and follow instructions given by local officials.
  • Minimize travel. Keep a disaster supplies kit in your vehicle - especially if you are in an area hit by a pandemic or riots.

To learn even more, head over to ready.gov/winter-weather. And please feel free to send these tips to your friends and family.

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    About Us

    Brock-Norton Insurance Agency was born in 1992 when Jim Norton, Sr. and Everett Brock combined their agencies and talents. We have steadily grown to become one of the premier Property & Casualty agencies in the Washington DC area with clients in almost every state. As an independent insurance agency, our goal is to assist you in all your insurance needs. 

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