Contractor Talk Articles

As employers, we have a legal responsibility to our employees to provide a safe workplace. Our industry is inherently dangerous and in some cases highly regulated. We have federal, state and in some cases local regulations to comply with. It’s a daunting task to be in business and no simple matter to create a safe work environment. However, even if we comply with every regulation that has ever been written to the letter, this does not mean that accidents will not happen.


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billie-t

As employers, we have a legal responsibility to our employees to provide a safe workplace. Our industry is inherently dangerous and in some cases highly regulated. We have federal, state and in some cases local regulations to comply with. It’s a daunting task to be in business and no simple matter to create a safe work environment. However, even if we comply with every regulation that has ever been written to the letter, this does not mean that accidents will not happen.




Discuss this article below[/quote]

over 90 percent of all "on the job" accicents are caused by human error...taking shortcuts...using the wrong equipment for the task...performance impaired...(drugs...booze..lack of sleep..etc.)

if you (as a foreman,lead hand or even company owner) take the time to teach your employee..or instruct him on how to approach the task at hand...provide training and the proper equipment for the task (these things where i work are your legal responsability)... and praise safe work ethics.. will go a long way to preventing injuries

you must go to work each day with one goal....all accidents CAN be prevented

Double-A

Safety is important, there is no getting past that, but so is responsibility. In my mind, they go hand in hand.

Having a good understanding of what WC is and why you should have it is just as important as keeping on your guys to keep it safe and watch out for each other.

Stuff is going to happen, no matter how much we wish it wouldn't.

__________________
"My clients’ wishes are the center of my attention." -- David Guido, a contractor in Woodstock, N.Y.
New York Times, July 20, 2006

Merbs

It's a shame some contractors don't have worker's comp. It's time to weed these guys out. Educating homeowner's about the liability of hiring an uninsured or under insured company is a good way to do that.

Jake Stevens

With the slow times it's getting worse then ever. For every contractor that has Workers Comp there's 25 to 30 that don't. I had a good size job that I bid about 4 weeks ago that when to contractor who has Workers Comp but he Sub it to another contractor who Sub to another contractor who has no Workers Comp and only cash employees. That's how he under bid me by $4000.

mics_54

I am finished hiring employees ever again primarily because of WC. In the past 5 years I have had two WC claims against my policy and both were fraudulant claims. Even though I had proof that the claims were fraud the insurance company paid the claims because it is their policy to pay the claims. In reporting the claims I was asked if there were any reasons I felt they shouldn't pay the claims. I told them the story and they did nothing. The doctor treating the last patient refused to discuss his findings "work related" stateing he judged the injury as work related simply because the patient told him it was work related. I am certain the surgeon coached the employee to claim it was work related because the employee is a MORON and told me he hurt himself in a river canoeing over the weekend (hernia). He also told his relatives whom also worked for me at the time. The doctor knew he had no other means to pay for this operation.

I pay 21% work comp in my line of work. It is my opinion that insurance companies are doing this to add pressure in a push for universal health care.

casey344

We have it, some people who we compete against do not.

What do you tell YOUR customers about WC? How do you educate them without sounding like you are insulting or degrading your competitors?

So far, we tell people if they ask and most don't. More people are asking, which almost makes it worth paying.

__________________
Casey

mics_54

Individuals that do not have work comp on their employees are not competitors.

duckdown

We also need to educate them on how to verify that insurance coverage exists. Many contractors show certificates of insurance that aren't necessarily current.

In addition to workers compensation, all contractors should also have general liability insurance and commercial auto as well...

Double-A

Part of our first meeting with the client is to go over insurance. We explain the various types and how they protect the client from claims against them.

__________________
"My clients’ wishes are the center of my attention." -- David Guido, a contractor in Woodstock, N.Y.
New York Times, July 20, 2006

deadjed

Great info !

MetalBender

This is a topic I ALWAYS touch on with the GC or HO. Along with insurance certificate made out to that job and address, and current registration. Bonding is also a good idea that makes GC sales much easier, most HO don't care or don't understand bonding. Both are required and verified for state projects, if everyone worked this way the field would be alot more even.

Shark49

Ok I am confused about something. I work in NC as a GC and have all of the required insurances. Now if I hire a sub, say a father and son tile company and they by law are not required to have workers comp because its 3 workers or less, then why do I have to pay workers comp on the money I contracted with them for? At least thats the impression I am getting from my insurance company.

So I get penalized for a sub not having workers comp insurance when on that same note he's not required to by federal or state law? WTF!?

-Nate

Forry

This is all good information. My guys are covered, but I'm not. Not required, though it might be worth looking into.
In the past it would've made more sense, as I was in the field all the time. Hard to justify it now, as my field time is down to around 10 or so hours a month.

One big concern of mine is the whole safety thing.

I've never been big on caution on the job... guards are removed or disabled on most saws, etc. and I worry what happens if someone gets hurt? I still get sued is my guess. I encourage personal responsibility, and encourage the guys to take the time to be safe, and not to do anything their not comfortable with, but what happens if we're too lax and someone does something stupid, or just slips, and we don't have the proper safety procedures implemented?

I probably lose everything (shiver down my spine).

Any thoughts?

__________________
now i am scared for my future
i've got all ten
smashed a lot of them stupidly before
-john5mt

Mr. Constructio

shark 49, Your tile guy should have a workmans comp "waiver" that he should give you, you then will not have to pay on their amount.

Shark49

What you do Forry is have a safety plan on file and even write up a one page sheet for an employee to sign saying he read the safety plan. Of course you make him/her read it. This will make you less culpable if you can prove it as a negligent act of the employee and not you. Do weekly toolbox safety meetings too and keep records of that.

MetalBender

You only pay work comp on YOUR employees, NOT subs, that is up to them. Not sure about your state, but in Iowa the GC IS liable if we don't have WC. Doesn't matter if I have employees or not, I have to have WC just to bid on some jobs.

greg24k

I agree 100%

__________________

Shark49

Yeah thats what I thought too but its not true. While a company may not be required by law to have wc insurance if they are less than 3 employees, an insurance company can still require a company who hires others(subs) to do work to carry it. Reason being is by law (at least in NC) if an employee of that sub gets hurt, the primary company's (GC) wc insurance covers that injury IF they dont have insurance. The insurance company and or GC can try to get reimbursed by the sub but probably rarely happens so thats why they make the gc require insurances from subs. I'd check with your insurance company or broker because i bet the same goes for most states.

So now I thought I was doing everything correct and to the law but I am being audited next week and all of the money I paid to uninsured subs will be used to determine what I will have to pay in backcharges to the insurance company. Depending upon the work performed it can be as high as $22 per $100 I've paid out.

Messed up huh.

Shark49

There are no waivers required in NC and it wouldnt matter anyways... The insurance companies dont care. Thats whats messed up about all of this.