Accidents at work

[WorcsWuss]

 

Even our local didicoy tree felling type things would have had a couple of youths with stolen stop-go lollipops on traffic duty.

 

:lol: complete with full Adidas PPE....

[oldwoodcutter]

Ime quiet enjoying this thread.

[DemonHedgeMaster]

you need to name and shame that guy, stop him before he hurts anyone else

[treequip]

you need to name and shame that guy, stop him before he hurts anyone else

 

You need to read the forum rules

[Old Mill Tree Care]

you need to name and shame that guy, stop him before he hurts anyone else

 

No no no.

 

 

Sent with my iPhone from me, to you!

[Tom D]

This highlights one of the big problems with arb insurance.

 

You were not a subcontractor, irrespective of the fact that you have your own company if you work under the direction of another, i.e. in this case the man you were working for, then you are an employee (or a non bona fide subcontractor). In any tree felling operation then the man on the saw is in charge, regardless of his position within the company, therefore you were working under his direction at the time.

 

This means that you SHOULD be claiming on his employers liability cover (if he has any) If he hasn't then you may need to sue him. I agree that you are entitled to claim, your costs are perhaps exaggerated, but you do have a case IMO.

 

If he had left you to it and all the men on site were under your control then YOU are a bona fide subcontractor and therefore responsible and should claim on your own insurance.

 

Many small tree firms try and circumnavigate the legal requirement to have employers liability cover by, deliberately or otherwise, claiming that "employees" are in fact subcontractors when they are not.

 

If you bring in another individual or company and they work alongside you they are not Subbys. If you bring in the same people and give them a job spec and leave them to it then they are subbys, and it will be a condition of your insurance that you check their insurance and competency. Ever noticed why the big firms you work for insist on seeing insurance and CHAS, NPTC's etc? its because they know the law!