subbie accident

[John Hancock]

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.

 

 

Your absolutely spot-on Andy...Top Man

[Quickthorn]

If these were the only two days you've employed the bloke, the self employment test might stand. If you regularly work together, it gets more difficult. I heard of one self employed contractor working for an organisation, who injured himself with his own equipment, when working on his own. He put in a claim against the organisation, the central plank of which was that he should be regarded as an employee, given all the work that this organisation had given him in the past, so is therefore entitled to claim for his injuries almost regardless of blame. Talk about biting the hand that's been feeding him..the effects are rippling down to other contractors now, as the organisation tries to spread the work out thinner to avoid a repeat.

 

People who regularly work together and say they are self employed need to be very careful how they divide up the work and invoice each other, imo.

[arbogrunt]

I'm a freelance climber, I carry my own PL and personal injury insurance. The way I understand it is that if I'm injured at work, I claim on my own insurance. If I damage anything or injure anyone else, its on the company I'm contracted to's insurance.

In this case, if the bloke is qualified (and his tickets are in date), insured, competent to carry out the task required, his kit was LOLER'd and there was a risk assessment in place - the employer should not be liable.

 

(I suppose someone will tell me its not this simple now!)

[Mesterh]

I know this is an old thread but I was just wondering how you got on with it?

I've injured myself in the past working as a subby and it didnt even cross my mind to put a claim in since it was my own fault.

Just because you have employers liability doesnt automaticly mean that the injured party can claim on it.

[Drella]

I've been asked recently to be the climber of a large Red Maple removal by a shady sort of company.

 

I'm not impressed with any of there work and quite frankly, I think they're butchers. But, I do need the scratch and I'm willing to share my expertise..

 

My wife is worried that if I'm injured on their bill, nothing will be done to help pay any long term expenses..

 

I have rather good health insurance, but, if I'm hurt due to their negligence, then I may be up the creek..

 

I'm certain that the owner will do everything possible not to show responsibility if anything were to happen.

 

I am set up as an LLC so any business done on my end is legit. But I'm not a lawyer and I really don't know what I need to do legally to protect me from anything that may happen on their time...

 

Any knowledge shared would be helpful..