Is this even Legal?!?!?!

I'm going to step waaaaaay out on a limb...and say....no

No way, no how, that that can be legal....it pretty much screams "sue me"

J F said:

I'm going to step waaaaaay out on a limb...and say....no

No way, no how, that that can be legal....it pretty much screams "sue me"

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I don't think you are going too far out on that limb!
Sick contractor. Make the guy work hard then fire him when he gets hurt making you money. Sounds like a nice guy!:w00t:

Framer53 said:

I don't think you are going too far out on that limb!
Sick contractor. Make the guy work hard then fire him when he gets hurt making you money. Sounds like a nice guy!:w00t:

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My thoughts exactly.

I'm going way out on a limb too and sayin he's joking. I here people say that all the time in the roofing industry.

I'm sure its legal, but the injury is still going to be covered under his policy. Also there are some states that have a right to work law that might prevent this.

Leo G said:

I'm sure its legal, but the injury is still going to be covered under his policy. Also there are some states that have a right to work law that might prevent this.

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:no:

So im talking to a fellow "Contractor" today, and he tells me that though he carries Gen Liability and Workmans Comp he has every employee sign a waiver form when hired that says if injured they are fired, "....before they hit the ground"

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And the bar tender didn't cut him off???

btw it's one of the oldest jokes in the business.

J F said:

:no:

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Stop following me everywhere.:laughing:

:no:

I worked for a LARGE company as an in house carpenter for a major insurance company for 6 years. At this company we had extensive safety training, and were given all the safety equipment you could imagine.
We actually were given 5 pairs of gloves for different tasks. If you got hurt, you went in front of the safety board at corporate HQ. If they deemed you were at fault(which they did most of the time, due to the equipment, and training we were given) you were gone.
Never once heard of anyone sueing them for it. (Lots of guys bitched)
I saw a guy cut his finger with no gloves on. He slit a glove, put it on, and bled into it. The board said it was not his fault, because he was wearing the proper gloves supplied for the job.
He walked around all week saying "if the glove is slit, you must aquit".

Mike, use some spaces, every few sentences....sorry, pet peeve (and you will come across better)-

mics_54 said:

And the bar tender didn't cut him off???

btw it's one of the oldest jokes in the business.

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I assure you this man was not joking. I know alot of the jokes in the industry etc... this guy wasnt joking about this at all.

There is nothing illegal about that liability waiver however, it is not legally enforceable in the US. Just the fact that he uses it might act against him if it were actually brought up in a trial. The jury may find it offensive and consider that he was actually trying to evade the consequences of his own failure to monitor and enforce safety. That could result in punative damages awarded at trial.

As a practical matter, his insurance will pay, assuming he really caries workmens compensation. His carrier may dump him or up his rates if they become aware of the waiver.

hungry4knowhow said:

So im talking to a fellow "Contractor" today, and he tells me that though he carries Gen Liability and Workmans Comp he has every employee sign a waiver form when hired that says if injured they are fired, "....before they hit the ground"

Im thinking WTF? Is there any legality to this? Im not sure anything like this would hold up in court whether signed by said injured person or not!

Anyone else heard of **** like this? I know a couple of my guys that would laugh their asses off if I asked them to sign a waiver like this.

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The you are fired before you hit the ground is a joke, the waiver if there is one is BS, it owuldn't hold up in court.

I guess that just shows the ethics of the contractor. I would not stoop that low to ever even thinking of that or treating any employee that way.

No it's not legal. You can have anybody sign anything you want and it does not make it completely enforceable. If you enter into a contract with anybody with the intent to knowingly break the law the contract then becomes unenforceable. This guy sounds like a real prick for even contemplating doing something like that.

I have heard of such a joke. It might be funnier if he actually had them sign the waiver, on camera. lol "You just got punkd!"