Insurance and non compliance with Best practice Guidelines

[Blakes 7]

Skyhuck,

can I ask how your groundie injured himself?

[skyhuck]

Skyhuck,

can I ask how your groundie injured himself?

 

He climbed over a fence.

 

He was not asked to climb over the fence.

 

The fence was only 4foot high, instead of throwing his leg over, he stood on top of the fence, caught his trouser bottom, fell forward and broke his leg.

 

My fault apparently, for not providing adequate fence climbing training, WTF.

 

Its all a big game, be sensible, pay your premiums and don't worry.

Edited September 6, 2009 by skyhuck

[Mesterh]

He climbed over a fence.

 

He was not asked to climb over the fence.

 

And he banged a claim in!

[Blakes 7]

I assume your insurance co just made a settlement out of court then?

[skyhuck]

And he banged a claim in!

 

Not at first.

 

He had only worked for me occasionally, it was 4 months after the accident that the claim came through.

[skyhuck]

I assume your insurance co just made a settlement out of court then?

 

NO!!!

 

I was mad as hell and told them to fight it.

 

It took 18 months.

 

In the end it was decided it was 60% my fault 40% his.

 

He was in a pot for over 4 months and got 10K

 

There were 8K costs.

[Rob D]

I thought this deserved its own thread, as it has come up a few times, and no one seems to have a definative answer. I work 90% on contract work, where having NPTC's are a pre requisite, but what about private work?

 

If an accident happens, and you were found to be non compliant (i.e. No Rescue Climber, or no ticket for a piece of equipment you were operating)

 

Will this render your insurance void? I am not talking about HSE prosecution (that will happen whatever), but your insurance company refusing to pay.

 

I know that driving a vehicle without having the statutory licence will render your insurance void, but does the same

apply to commercial insurance.

 

I suspect there will be a lot of opinion on this, but some hard facts would be good to know...

 

 

I spent ages talking to Bryant and Kesek when I first took out third party insurance for tree work. After a long phone call it seems I am covered for my own negligence... So if I climbed a tree in a pair of flip flops and dropped a branch onto a car - the insurance would pay out.

 

If I took all due precaution, ticked all the boxes and did everything right but still the branch crushed a car then the insurance company may then declare it an 'accident' and would not pay out - the home owner would have to claim on their insurance.

 

This is how my insurance seems to work but it could be different for others...

 

 

[Rob D]

He climbed over a fence.

 

He was not asked to climb over the fence.

 

The fence was only 4foot high, instead of throwing his leg over, he stood on top of the fence, caught his trouser bottom, fell forward and broke his leg.

 

My fault apparently, for not providing adequate fence climbing training, WTF.

 

Its all a big game, be sensible, pay your premiums and don't worry.

 

 

That is just mental !!! It just shows that no matter how careful you are the wrong things happen and you can still get sued.

 

As you say it's all a game... Just use common sense, take relevant precautions and get on with the job.

 

 

 

 

[Andy Clark]

I think your spot on there!!

 

Its real funny how all the guys who waffle on about how you won't get paid out if you haven't done this that or the other have NOTHING to say in a thread on that very subject.

 

I have had a couple of claims, one my fault (church window) one not, employee injuring him self, both were paid out no problem.

 

I read on hear the other day some guys saying how if you did not have the NPTC ticket for the exact task you were carrying out you would not be covered?? Have they not heard of "transferable skills"??

 

You are required to act in a "reasonable" manner NOT be a anal muppet running round worrying more about bits of paper than experience, skill and good planing.

 

 

 

 

I remember a case about 4-5 years ago now, back when i was on the tools.......

 

The chap i worked for at the time (on the books) used to also use a subby climber who came in now and again. They'd had that working relationship for 5 or 6 years previous.

 

We were re-pollarding a big old poplar on a local LA contract that the company held.... the climber at the time (the subby, not me) cut a re-growth stem (12" dia, 30-40' long) from the pollard head, under direct instruction from the boss.

 

The climber disputed with the boss, saying that the section was too big to take off in one piece, and that it would cause damage to the small (30' tall) sycamore tree under the canopy of the poplar... the boss disagreed and insisted that the climber cut as directed.. ie, in one.

 

The climber cut the limb, as directed..... the limb landed in the top of the sycamore, wich then peeled out half of the sycamore canopy....... both poplar limb and sycamore canopy landed on top of a nearby parked car.... the car was a right off.

 

 

Upon closer inspection, the car was not taxed, so therefore should not have been parked on the public highway. After reporting the accident to the police, it also became apparent that the car was not mot'd, so therefore also not insured.

 

 

 

Anyone care to have a guess at the outcome????

[skyhuck]

I bet the car owner still got payed out.