Accidents at work

[WorcsWuss]

"Principal contractors are responsible for ensuring the health and safety of everyone on site".

 

Few realise this, but even the site owners etc are the main contractors responsibility when it comes to H&S.

 

This is very true. We had a run in with a nw/nf merchant a few years ago when a carpet fitter fell down an open manhole on one of our sites.

These scumbags came after us as we were the main contractor for the fit out.

We would have been done as well if we didn't have a watertight site set up and induction system.

We had only taken possession of the inside of the building and an access route and compound at the front. The outside was still under a different main contractor who had built the shell. The carpet fitter had been employed by the client.

It was only because we had inducted this bloke and he had expressly gone against his induction, which he had signed against, and used a different door in direct contradiction to our instructions that I managed to extract us from the situation.

 

I don't see how the contractor Alistair was working for has a leg to stand on.

I generally don't like litigation of insurance claims but this one feels entirely fair and justified....

[JonnyVine]

Its called mucking in and getting a job done i believe Jonny

 

Naturaly I understand that Steve but I don't know anyone (legitimate) that would have got involved with a farce like what has been described, parking vans across a 60 mph road, felling a 20 meter Larch accross the caridgeway man just left at the roadside with a broken leg etc, this story unfolds like a situation comedy, subby climbers reaping 2k per week?

 

I don't want to come over as insensitive as I am not and rather than get dissappointed with my questions the OP should be preparing himself

because a defence counsel and the Judge is going to want those kind of answers too.

 

Like Dave, I am not accusing, But I always get 4 when I add 2+2 together.

 

Jonny

[Rich Rule]

Jonny, if you read the full thread, Alistair is not a subby climber he is a company owner. It just so happened on a day he was subbing to another company who required his climbing.

 

Hope you get sorted whatever way you choose with the claim.

[JonnyVine]

Jonny, if you read the full thread, Alistair is not a subby climber he is a company owner. It just so happened on a day he was subbing to another company who required his climbing.

 

Hope you get sorted whatever way you choose with the claim.

 

Rich

Your right I missed that bit, what about the rest? Maybe I'm just not romantic enough, but anyone with more than 2 brain cells let alone the head of a successful company would have left that fiasco immediately because thats what it was, a FARCE, from begining to end

[JonnyVine]

 

id struggle to see how a company who was out at work every day was nt making over 120k a year,

 

Alistair

Clearly you have built a succsessful arboicultural practice, that has no personal accident insurance? The proprietor remained on site whilst a reckless cowboy that is braking every rule in the book putting himself, one of his employees and members of the public in extreme danger?

 

Figures asside, like you I am also struggling to believe how ANYONE could watch an injured man in extreme pain and do NOTHING? Let alone a groundie that works for this compassionate man that is so kind to his workers that he always acompanies them and leads by example??????? If I had an emplyee that behaved that way he would have had a good hiding before getting fired.

 

I think you have a hard case here Alistair if you are going to persue it in court, I fail to understand how you are getting so much sympathy on here after you remained on site with this lunatic let alone getting involed in the process?

These are all questions that will go against you in court as there are no profound answers

 

Good luck and a speedy recovery

Jonny

[Marc]

Just out of curiosity Alistair what if it was your employee groundie who got injured in this unfortunate event would you still be holding the other company liable?

 

I'm sorry to hear about the whole situation and hope you just dust yourself down and carry which it sounds like you already are.

[WorcsWuss]

Just out of curiosity Alistair what if it was your employee groundie who got injured in this unfortunate event would you still be holding the other company liable?

 

In the eyes of the law they would still be ultimately liable as the main contractor.

Liability climbs as high as it can before biting in the face whoever it stops at....

Might also crawl back and nip a few others but it always goes as high as it can first....

[Rich2484]

It always goe to the highest person possible before coming back down the chain.

 

The manager (call them what you will) is responsible to ensure any site is safe and secure, if its not then protections need to be out in place. These are then passed down the chain in the form of risk assessments. Then everyone coming onto said sight must read and understand these. If they do not understand then they need to be shown or explained to.

 

If they break these then they are on there own. As it will be proven from the risk assessment.

 

If no rock assessments have been made then the main contractors or managers are in trouble for ensuring the sight was safe and the work carried out was in accordance with the various standards or industry practices. Etc.

[Taupotreeman]

Take the emotional side out of the argument for a minute. Ignore the fact that an AT member was injured and has lost earnings etc. replace that member with one of our travelling brethren and ask yourselves what you'd be saying about them if it was they that had dropped the tree over the road in exactly the same circumstances. On top of that;

Pretty sure OSH requires that everyone on site be responsible for each others safety even though the principal is the main point of contact. Again, I apologise for the insensitivity but if you look at the facts then this whole job sounds dodgy as. Injuries aside.

 

 

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[likeitorlumpit]

So ........Who is responsible when a subby is on site? A subby climber may try to control the site but it is I think not his responsibility and he should follow command. Others may argue that it is the subby who has more experience especially if climbing and directing operations and should be controlling the site. But it is not his insurance should proverbial hit the fan. What a can of worms. Personally I believe that a subby climber should always follow instruction even from a less experienced supervisor but many won't. A battle has to be had and agreement has to be made.

You came in as a subby but had mucho experience of running your own company. How will this look in court when you say you were just doing what you were told. Surely you were culpable (partially to blame)in this whole sorry affair.