subbie accident

[welwell]

Hello all.

I wonder if any of you out there can help, I just employed a sub-contract climber for two days work at a site, the first day was ok the second he was fooling around a little and took a nasty swing that resulted in him getting a suspected fracture/break. My client now needs me to fill out accident forms etc etc. Can any of you guys tell me is there any come back to me and my company or not?? Is that one of the benefits of taking on subbies that any accidents are his mis-fortune and not mine. I don't wish to sound harsh or tyranical but its cost me time off site and a hospital visit. I know accidents happen but this was totally avoidable.

Thanks for the advice....hopefully!!!!

[Andy Collins]

You, as his employer, self-employed or employed, are reponsible for his Health & Safety while he is in your employ. If he did something you deemed dangerous, and this led directly to his accident, then make sure you write this in the report. Hopefully, he can make a claim on his Personal Accident insurance, to cover his loss of earnings. an accident never looks good to the client, and they have to cover themselves in case of a claim. dont forget to get him to fill out the Accident book too, and make sure he states how it occurred.

[arbormaster]

i really dont see how you could be held responsible for a mistake / miss judgment a presumably qualified climber makes up a tree even if he is working for you. He is in control of his actions up a tree, if an accident happens involving only him then it must be his fault. fault aside i guess he can claim on your insurance as my insurer has said I need EL even if only subbies are used.

[Andy Collins]

H&S at Work Act:

General duties of employers to their employees.

2. (1) It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.

[Andy Collins]

i really dont see how you could be held responsible for a mistake / miss judgment a presumably qualified climber makes up a tree even if he is working for you. He is in control of his actions up a tree, if an accident happens involving only him then it must be his fault. fault aside i guess he can claim on your insurance as my insurer has said I need EL even if only subbies are used.

 

he may be in control of his action up the tree, but if he was messing about, and this led to the accident, should he not have been reprimanded. Does he use his own climbing gear? If he was using company harness ropes etc then this will be looked into as well... the fact that he messed around, and was injured can have many other consequences, Loler records, H&S investigations to name but a few. Yes the employer would be responsible, if only by the fact its his company, and his work that was undertaken at the time of the accident.

[Pete Mctree]

I would seek expert advice personally. These situations, from the little i know of them are complex to say the least. As was stated earlier, as far as the H&S are concerned he was an employee at the time therefore putting the duty of care upon you.

[Dean Lofthouse]

Yep, they get home, talk to relatives and get told all sorts of figures they'd be entitled to if they put in a claim.

 

"ooh, I know someone that fractured his wrist and got £120,000! Hey, get a claim in I would"

 

Too many interfering pilchards to not cover your back.

[arbormaster]

he may be in control of his action up the tree, but if he was messing about, and this led to the accident, should he not have been reprimanded. Does he use his own climbing gear? If he was using company harness ropes etc then this will be looked into as well... the fact that he messed around, and was injured can have many other consequences, Loler records, H&S investigations to name but a few. Yes the employer would be responsible, if only by the fact its his company, and his work that was undertaken at the time of the accident.

 

I see what you are saying but if he is up the tree and, lets say... decides he's gonna leap off a branch and swing into the tree what are you going to do about it. How can it be the employers fault the climber is in control of his own actions. its madness.

 

It almost like saying, yes i was dangerous driving officer but its not my car so the owner can take responsibility. isn't it??

[raafbeard]

Sorry to hear about this mate!! As said above I reckon expert advice is the way to go....Hope it all works out okay

[arbormaster]

i do realize that the law does not see it like that but in the real world.... if he was messing around then he got what was coming and should have known better.