Protect Your Business From Harassment and Bullying Allegations
Protecting Your Business from Harassment and Bullying Allegations in the Digital Era
REPRINTED FROM THE HARTFORD
Businesses should know that when an employee participates in online behavior that leads to other employees feeling harassed or bullied, there is an insurance policy to manage such claims and provide resources to mitigate ongoing exposures.
How often do you reach for your cell phone?
Chances are it’s several times a day. For a call, a text, to check the local weather or find a nearby eatery for lunch, our phones have become the catch-all for our daily needs. They have also made everyone available 24/7, delivering news and information and, yes, even providing a means for people to harass and bully others via social apps.
“Research shows a significant increase in people experiencing harassment or bullying through social media and online platforms,” relayed Jennifer Barbee, head of middle market management liability, The Hartford.
“With the rise of social media platforms like TikTok, Instagram and X (formerly Twitter), there are more channels and avenues for people to feel intimidated or to share inappropriate or unwanted information and images.”
While this is disconcerting for society, it should be top of mind for companies as well. If an employee is consistently engaging in behavior that is deemed unwelcome or unwanted by a colleague, it can become a material concern for their employer.
For this reason, employers are going to want to make sure their employment practices liability (EPL) insurance — which is designed to cover incidents of harassment in the workplace — is equipped to cover employees contributing to cyberbullying, discrimination or harassment online. Employers should seek out EPL coverage that specifically includes wrongful acts that occur via social media or social networks, such as the EPL policies within The Hartford’s recently released Private Choice Preferred suite of coverages.
Challenges of 24/7 Access
Over 300 million individuals regularly engage with social media, averaging two hours of use each day. Social media is viewed as a personal platform, but more and more, users are incorporating their professional lives into it, blurring the lines between work and personal spaces.
Employers can be held liable for employees who use personal social media accounts to engage in less-than-ideal behaviors, and the incidence of cyberbullying and harassment in the workplace is on the rise.
According to one survey, the frequency of online incidents rose 57% from 2017 to 2022, and 31% of the U.S. workforce responded that they had experienced some form of online bullying. Between 14 and 20% of respondents felt they had been a victim of cyberbullying in the previous week.
From unwanted contact and offensive jokes or images to cyberstalking, suggestive comments and threats, online harassment can include a number of poor behaviors. Further, there’s a level of tone that can get lost with online speak, adding confusion and upset to situations.
“Email, texting and social media channels can be difficult to interpret in the workplace. Even with good intentions, the tone of a message can be easily misunderstood,” Barbee said. “The lack of face-to-face interaction and the inability to convey nonverbal cues in these digital communications contribute to the challenges in accurately interpreting tone and intention.”
Finally, this digital world and its full-time access to people can inspire a level of bravery that some might not exhibit in person.
“Digital platforms create a sense of anonymity and distance, emboldening individuals to say and do things they might not otherwise,” said Barbee. “The lack of immediate, face-to-face consequences can lead to more aggressive or inappropriate behavior online.”
Consequences, Consequences
Employees who misbehave online — whether on their own time or not — can still disrupt a workplace. Harassing coworkers can lower morale for more than just the people directly impacted by their actions and can lead to lawsuits. Employers can be held accountable for such behavior by employees, and a solid policy around expectations and consequences is imperative.
“Today, more people report feeling bullied, and the issue has come to light in terms of how it impacts people. Coupled with the mental health challenges that have emerged post-COVID, this has led to increased settlements. In harassment cases, the presence of pictures or other evidence, such as text messages, tends to significantly increase the settlement amount, as it moves beyond a ‘he said, she said’ situation.”
Meanwhile, nuclear verdicts, above-average settlements and social inflation have led to a challenging legal environment for all businesses.
“Society has become more empathetic to what individuals are going through, and this has contributed to the rise in nuclear verdicts in the EPLI space,” Barbee explained.
Society is pushing toward zero tolerance of harassment and bullying behavior, empowering individuals to speak out against abuse and victimization. This growing empowerment to speak out is a very noble and important practice to prevent negative events from continuing — and it’s one that has already impacted the insurance industry.
“Insurers are reassessing their risk exposure and coverage offerings,” Barbee said. “It’s highlighting the importance of having a robust policy and procedure in place to handle these sensitive situations appropriately and compassionately.”
Stopping Incidents Before They Become Allegations
Insurers’ aim is to ensure their claims processes are equipped to handle these cases with care and professionalism, which includes training claims adjusters and offering resources and support for claimants.
Employers looking to protect their workers and remain whole should be implementing strategies to keep pace with both their insurers and the changing landscape of digital harassment.
That starts with proactively setting expectations with employees around preventing cyberbullying and harassment.
Employers can do this by implementing a social media policy and including it in their employee handbooks, outlining what kinds of behaviors are not tolerated on both company-owned and personal social media accounts.
“For instance, the policy should provide guidelines on appropriate behavior when interacting with colleagues on social media platforms. It’s important to remember that even on platforms like Snapchat, where content disappears, inappropriate comments or pictures can still be reported and have consequences,” said Barbee.
Defining what harassment and bullying look like in text, images and comments made via social media will also show employees what is not acceptable behavior online.
Perhaps the most important element of company procedure is to provide guidelines for reporting and responding to incidents should they occur. It is imperative that employees coming forward feel heard and safe when voicing their concerns.
“It is not appropriate for a business to dismiss allegations purely because they happened outside work hours or on personal accounts,” Barbee said. After all, the matters that tend to be more significant and costly for companies are those where allegations are dismissed.
“Taking complaints seriously and having a well-defined process for addressing them can help mitigate potential risks and create a safer work environment,” Barbee said.
As always, having adequate insurance is just as important, including shoring up EPLI coverages. According to Barbee, the EPLI market is currently classified as a soft market based on its significant capacity, pricing, and broad terms and conditions.
“It’s important to educate employers and businesses about the potential exposures they face, regardless of their size,” Barbee added. “Some companies still believe that their familial atmosphere or the state’s at-will employment laws protect them from lawsuits, but they must be prepared to defend against allegations of harassment or discrimination.” &
For local help call us.
Jim and Bonnie Grant
Get Help With Insurance, Inc.
She is an Independent Broker that can quote your insurance with a lot of carriers. Contact her at (702) 541-0882 or email her at help@gethelpwithinsurance.net. Her husband has 14 years claims experience managing the State of Nevada Homeowners Department in Henderson, NV. Prior to that he managed half of Arizona Homeowners Department for the Famers Group of Companies. He started out as a claims adjuster for Progressive Insurance Auto Department in Houston, TX.
A View Into the Workers’ Compensation Market
Workers’ Compensation insurance continues to be a standout in the insurance world, having experienced average state-approved advisory rate reductions for the last decade. Whether the market will change moving forward remains to be seen, as wage growth, medical inflation and other factors all impact the Workers’ Compensation market.
Wage Growth Is Driving Payroll Growth
Wage growth continues to drive payroll growth in Workers’ Compensation. According to a report by the National Council on Compensation Insurance (NCCI), while wage growth has moderated from its peak in 2022, it remains solidly above pre-pandemic growth rates and is positioned to stay elevated in 2024.1 Several factors are behind the continued wage growth, according to the NCCI, including union activity and newly negotiated contracts, higher minimum wages and inflation.
2022 saw a big spike in hiring and wages post-COVID, as many industries experienced labor shortages in the aftermath of the pandemic. However, hiring leveled off in 2023, with layoffs in specific sectors —such as tech — causing payroll growth to dip.
According to the Department of Labor, employment rose by 3.1 million in 2023, significantly below the 7.3 million jobs added in 2021 in the wake of COVID and the 4.8 million added in 2022.2 Still, job growth for 2023 was higher than the average of the previous five years (2.3 million) before the pandemic. Initial job estimates for 2023 were 2.7 million, later revised to 3.1 million.
Moving ahead, high inflation and minimum wage increases across numerous states continue to paint a healthy picture for payroll growth in 2024. According to the Economic Policy Institute (EPI), on January 1, 2024, 22 states were set to increase their minimum wages, raising pay for nearly 10 million workers.3 The EPI projects that state minimum wage increases will result in an additional $6.95 billion in worker income.
Furthermore, on January 1, 2024, 38 cities and counties raised their minimum wages above their state’s wage floors, increasing the number of workers likely to earn more. For example:
- In Illinois, workers saw an increase in the minimum wage from $13 to $14 per hour beginning in January, with another increase expected in 2025.
- In California, the minimum wage for fast food workers rose to $20 per hour effective April 1. That’s $4 higher than the overall state minimum wage of $16 that went into effect January 1.
- As of June 2024, healthcare workers in California earn a minimum of $18, $21 or $23 an hour, depending on the type of facility that employs them and where they work.
Meanwhile, California workers in other industries are asking for an increase in wages. In Los Angeles, for example, a proposed ordinance would institute a $25 minimum wage for workers in the tourism industry before the 2026 World Cup and the 2028 Olympics, which would rise to $30 an hour by 2028.4
The Challenges of Medical Inflation
Medical inflation continues to challenge insurers and claim costs, which is also underscored in NCCI’s annual survey of carriers. As medical costs rise, carriers are worried about frequency, severity and large claims.
Over the short term, the market will weather the higher medical costs; However, along with wage legislation and general inflation, which increase indemnity payments, the long-term impact is concerning.
Workers’ Comp Pricing
Of course, accounts with significant wage growth see premiums rise. In addition, pricing is tightening in certain states. California, New York and New Jersey, for example, are adjusting rates only slightly downward due to higher claim costs driven by litigation and medical inflation. However, many other states have issued double-digit rate reductions this year, including Florida and Arizona.
In addition, some carriers are exiting certain classes where rate adequacy is insufficient, and profitability isn’t where it should be. The good news is that the market has a lot of capacity to place these accounts when carriers’ appetites change.
If you need workers compensation for your business, contact Bonnie Grant at (702) 541-0882. Here is my contact info:
Get Help With Insurance, Inc.
223 S. Water Street, Suite B, Henderson, NV 89015
Workers Compensation Insurance For Work Related Injuries
According to the National Safety Council, work related injuries occur every seven seconds in the United States. No matter the industry, that means there is a lot of risk for your business and employees. Fortunately, you can reduce your risk and protect against costly out-of-pocket expenses by offering workers’ compensation benefits.
Common Work Related Injuries
The most common workplace accidents include:
- Slips
- Trips
- Falls
- Overexertion
Exposure to dangerous environments is also linked to work related issues. These can include:
- Electricity
- Extreme temperatures
- Chemicals and other substances
- Contagious illness
While some exposures are limited to certain industries, many can occur any time, anywhere. Knowing the proper procedure to follow after an accident and having workers’ compensation coverage in place before an accident happens is key to helping both the injured employee and your company recover quickly.
What To Do After a Workplace Injury
The first step after a work-related injury might seem obvious – treat the injured. If possible, provide first aid and help the employee seek medical care. Once the emergency is handled, submit a claim with your workers’ compensation insurance to start the coverage process. Notify the Occupational Safety and Health Administration (OSHA) to report the incident and ensure you are following the proper protocols, review the situation and make any necessary changes to prevent future incidents.
It’s important that you respond to work related injuries quickly, and with the empathy and gravity the situation requires. Accidents happen, but how you handle the aftermath says a lot about you and your business.
The Difference Between Health Insurance and Workers’ Compensation
Private health insurance offers a very different type of coverage, often related to preventative care and medical expenses. Workers comp, on the other hand, is coverage that helps both you and your staff. Workers compensation benefits are only available in the event that an employee’s illness or injury is work related. As the business owner, work related illness and injury are considered your responsibility – meaning their medical care is on you. With workers comp, you are covered from unexpected medical expenses and your employee is protected from financial loss while they recover.
What Else Can I Do to Protect My Employees?
While not every injury or illness is preventable, there are steps you can take to avoid workplace accidents, protect your business and keep your team happy and healthy.
Follow OSHA Guidance
OSHA offers great resources and guidance for employers to keep the workplace safe and accident-free. Visit their website and talk to the nearest representative to see what steps you can take for your business.
Once you have a safety plan and procedures in place, be sure every member of your team knows their part. Host regular trainings and keep safety materials readily available so your employees are ready for anything.
Other Coverage to Consider
Workers’ compensation isn’t the only insurance coverage you need to be fully protected. Talk to an independent insurance agent about all your options, including Business Owners policies, private health insurance, optional disability and life insurance coverage and more.
While not all of these policies will be offered by the same company, your independent insurance agent can help point you in the right direction. today to see what coverages you need.
Call (702) 541-0882 or email help@gethelpwithinsurance.net for insurance quotes.
223 S. Water Street, Suite B, Henderson, NV 89015
https://gethelpwithinsurance.net
Best Safety Practices for Businesses with Commercial Vehicles
Best Practices for Businesses with Commercial Vehicles
Many businesses have commercial autos and hire drivers to drive. I would like to forward some basic safety tips that can help you reduce the chance of your employees and/or you from the chance from being injured in an automobile accident:
-When you hire drivers, make sure that you hire a safe one. Remember that your drivers represent your business when they are on the road. Once they are on board, you may want to train your drivers regarding best practices, such as the ones described below.
– It’s best to focus all of your attention on the road. Did you know that engaging in visual-manual subtasks (such as reaching for a phone, dialing and texting) associated with the use of hand-held phones and other portable devices increases the risk of getting into a crash? Avoid anything that can distract you while driving.
– Maintain safe equipment. Well-maintained vehicles are not only safer, they can help you save money.
-Always, always wear your seatbelt. Seat belts reduce serious crash-related injuries and deaths. It is sad to hear of accidents that injured people who might have otherwise been protected had they been wearing seatbelts.
Our agency offers a comprehensive line of business insurance including general liability, cyber, employment practices, and workers’ compensation coverage. We quote your business with a lot of different insurance carriers. We do all the work so you can run your business and we take care of the insurance. We report back to you with our findings. Let us quote your insurance. Send us a copy of it via email. We will use the information on the policy.
To learn more, please contact Bonnie Grant at 702-541-0882 or help@gethelpwithinsurance.net
Get Help With Insurance, Inc.
223 S Water Street, Suite B
Henderson, NV 89015
(702) 541-0882, office
(888) 258-0208, fax
help@gethelpwithinsurance.net