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Grocery Insurance /blog-News

Cyber Liability and Data Compromise

11/9/2016

2 Comments

 
As technology advances, more quickly than ever, so do the abilities of hackers to breach our security.  The potential liability, lost business, and expenses a business could face after a breach are huge.  Over 50% of consumers admitted to considering taking their business elsewhere if a company falls victim to a cyber-hacker.  And, 40% of hacked small businesses lost customers and business partners because of the attacks.  Ultimately, 1 in 3 small businesses also lost their reputation as well.
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Fortunately, our insurance companies are providing coverage for cyber type losses.

Data Compromise Vs. Cyber Liability

Your policy might already afford you coverage in the event of a cyber type attack.  However, there is no standard for either Data Compromise or Cyber Liability.  Most companies will use their own forms, so it is hard to pin down the exact coverage that will be in your insurance policy.  However, we can give you the basics of what these forms typically cover.
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Data compromise coverage can help reimburse your company for expenses related to notifying individuals affected by the data breach. Data compromise coverage may also help reimburse your company for the following expenses, up to your policy limits:
  1. ​Information materials for affected customers or employees
  2. Credit monitoring services for affected customers or employees
  3. ​ Access to an identity theft help line if customers or employee information is stolen
  4. Legal fees after a data breach

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Cyber Liability coverage is available in first and third party options. Many policies are modular and can be tailored to fit your needs.  Available coverages include Privacy Liability, Professional Liability, Network Security Liability, Media/Website Liability, Notification Expense, Regulatory Proceedings, Brand Protection/PR, Business Interruption, Damage to Systems, Electronic Theft and Cyber Extortion.  

As you can see, Cyber Liability includes the coverages that Data Compromise does, but also provides additional coverage.​

Managing your Cyber Risk

Many data breaches can be avoided by using good security practices such as:
  1. ​Practice safe storage and usage
  2. Train your employees on data security
  3. Know your data
  4. Keep track of your devices and make sure they are secure
  5. Protect your network and website
  6. have a clear data security policy
  7. Dispose of confidential information the right way
  8. Encrypt all confidential data

​If you would like us to quote this coverage for you, or would like more information about a specific carrier's form, please Contact Us!
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Setting up a Return to Work Program

10/10/2016

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Return to Work (RTW) Programs are one of the many tools that can be implemented for Workers Compensation claims.  With an RTW program in place, you will ultimately keep your claims costs low, which saves you money for years to come.

The goal for every Workers Compensation claim should be the prompt return to work of the injured worker.  This is good for the worker and reduces the employer's claims cost.   Keep in mind that transitional duty can be full-time or part-time, with potential supplemental benefits.  The goal is to return the individual to his or her original job at the earliest possible time.

There are 4 things that are needed to implement a return to work program.  They are:
1. Written return to work policy and procedure
2. Written offer of modified or transitional duty work
3. Job descriptions of transitional duty jobs available on a temporary basis, if employee is unable to perform their regular job within the work restrictions (modified duty)
4. Communication with the store doctor/physician's panel regarding the company's commitment to return to work.

The first step is to develop a written return to work policy and procedure.  This communicates the management's philosophy of providing modified and transitional duty following a work injury, management's expectation that the employee participation, and the consequences for noncompliance.  This should be part of the new hiring orientation packet so employees are aware of the RTW expectation at the onset of employment.  This also should be reviewed at the time of injury.

In the grocery business, especially in a smaller store, it might be difficult to find work for an injured employee.  Here are just a few ideas to help design a productive, temporary duty position within an injured employee's work restrictions:
   1. Ad Verifier: Verify newspaper ad, buyer's guide, etc., to shelf pricing
   2. Coupon Counting: Count coupons and verify totals with register tapes
   3. Demo Products: Provide a sample of products to customers to stimulate sales of a particular item or brand
   4. Facing Products: Pull the products to the front of shelves for full appearance
   5. Greeter: Greet customers and distribute adds, coupons, assist customers
   6. Phone Answering: Answer phones, make announcements/pages, and perform minimal office work
   7. Sign Making: Make signs for advertised products on display or for the shelf
   8. Stickering: Change/re-label price stickers on products

The final step is communication with the store doctor/physician's panel and the work release.  The employer should establish a working relationship with a clinic or doctor(s) who is familiar with the store and the store's return to work program. 

At each visit, the doctor should provide the employee with clear, written work restrictions or a work release.  The return-to-work procedure instructs the employee to provide a copy of the work release after each appointment.  You should also remind the employee to bring you a work release after each appointment.  If the employee does not have this document, call the insurance carrier for assistance or the doctor's office to clarify if any work restrictions exist.

The modified or transitional duty positions are intended to result in regular employment.  A general rule of thumb is that the same modified position should not exceed 90 days.  If the period goes beyond 90 days, the job could be misconstrued as a permanent position.

In many states, if the employee quits or employment is terminated for reasons unrelated to the injury (i.e. dishonesty) while released to modified or transitional duty, the insurance carrier must continue to pay time loss benefits unless the company can prove a valid offer of modified or transitional duty was made to the employee.  A valid offer consists of; Attending physician approval, written offer of work, and a written return-to-work policy.  All of these are vital in reducing the claims costs if faced with this situation.

Also, if you have an employee who has been released by their doctor to modified or transitional duty but refuses to return to work, call your insurance carrier to discuss the situation and options available.

Return-to-work leads to cost savings on claims and results in savings of Workers Compensation insurance costs.  In addition, the employer maintains control of the claim by offering productive work that does need to get done in the store.

At Grocery Insurance Pro our goal is to provide you with as many tools as you would like to use in running the most cost effective, profitable store.  If you would like more information on a topic, please email me at jonathand@stricklerinsurance.com or by posting a comment below!

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    Jonathan Day

    Knowledgeable Agents of the Grocery Insurance Pro team.

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