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Another slip and fall claim... crappy walmart.. who insures this?

Discussion in 'Commercial Snow Removal' started by Ramairfreak98ss, Feb 7, 2012.

  1. Ramairfreak98ss

    Ramairfreak98ss PlowSite.com Addict
    Messages: 1,885

    We recently were dropped from our old company "peerless" because we had a half dozen claimed slip and falls at one location we serviced for usm in 2010-2011... a walmart, go figure.

    We now pay thousands for this new policy in January 2012 and suddenly we get a notice in the mail from "peerless" that they insure a sweeping company that does work for the same usm/walmart account that we did.

    The letter states this gentleman, that is an employee of walmart, and WHILE working, slipped and fell in the parking lot and wants pay reimbursement and medical expenses reimbursed.... isnt that what walmarts workers comp coverage is for? Walmart is too cheap to even cover their own employees medical issues that arose from on the job duties?

    Anyway, should our new insurance have to deal with this when they didnt cover us during that time or does the old company still have the liability of it even though we have no active policies with them currently?

    zero slip and falls on record until January 2011... then one at a supermarket "$0 payout" and 8 total for this one walmart.

    USM actually forwarded OUR insurance info to store locations we never serviced "ever" and its on our policy loss history report, like a "negative check mark like a speeding ticket", even though no money was ever paid out towards those two claims, its still two bad marks for us for locations we were never under contract for... two other walmarts!
  2. grandview

    grandview PlowSite Fanatic
    Messages: 14,609

    Why is your insurance company not taking care of this? They should all over them for trying to file any claims. Also I have Peerless to.
  3. leolkfrm

    leolkfrm PlowSite.com Addict
    Messages: 1,339

    i would think the ins you had at the time should handle it...thats what you paid them for!
  4. grandview

    grandview PlowSite Fanatic
    Messages: 14,609

    I think he's saying they are trying to file a claim and his contract with them is over.
  5. leolkfrm

    leolkfrm PlowSite.com Addict
    Messages: 1,339

    i think the only one with a short term statute of limitations is the state..lol... does walmart self pay their comp? if so they may be looking to get thier money back!...as long as the claim was filed in a timely manor his contract period has no bearing, the ins is stil responable...but that just my thoughts from personel exp
  6. oneoldsap

    oneoldsap Senior Member
    Messages: 188

    I'm sure a huge company like Wal-Mart is totaly self insured , and has lawyers in place dedicated to nothing but Buck Passing on ins. claims . Bet on it !
  7. dfd9

    dfd9 PlowSite.com Addict
    Messages: 1,475

    Assuming it is not covered by WC, this claim would be covered by your carrier at the time, whether they still insure you or not.
  8. JD Dave

    JD Dave PlowSite Fanatic
    Messages: 11,032

    x2. ................
  9. edgeair

    edgeair Senior Member
    Messages: 597

    X3, thats how the law works here at least. If the employee was on duty, then the employer is on the hook through its WC.
  10. grandview

    grandview PlowSite Fanatic
    Messages: 14,609

    This is what I'm trying to figure out. He fell when you had the contract ,then yes your old carrier should be responsible. Or are they trying to put it through the new carrier?
  11. papa0881

    papa0881 Junior Member
    from eastern
    Messages: 8

    walmart is a self insurer.... my neighbor is one of the district managers and told me once
  12. Ramairfreak98ss

    Ramairfreak98ss PlowSite.com Addict
    Messages: 1,885

    Correct, what is the statute of limitations on these anyway? A full year+ passes and now we receive a letter?

    The whole "employee" that slipped and fell thing bothers me the most because this walmart....as bad as they and USM are in general, wanted her brother in law who owns Joe Blow lawn cutting to do this property because they always had prior to the USM/walmart contract. She purposely had anyone who claimed they slipped or anything of that nature, file a claim..all the managers followed that protocol throughout the season. I've already talked to the attorney about this since its insurance fraud what the manager woman was trying to do.
  13. dfd9

    dfd9 PlowSite.com Addict
    Messages: 1,475

    In my state the statute is 2 years.
  14. TCLA

    TCLA 2000 Club Member
    Messages: 2,696

    If you don't know the answer, it's a great question to ask a lawyer.

    Ohh snap...blown opportunity? :nod:
  15. csi.northcoast

    csi.northcoast Senior Member
    Messages: 320

    in your initail post you mentioned a sweeping company???????? what does have to do with anything...??????????

    honestly, the bad part is the usm contract you promise to hold harmless and idemnify

    i would make sure you agent is completely aware of that...
  16. grandview

    grandview PlowSite Fanatic
    Messages: 14,609

    I must be miss reading this.
    You at one time did the Walmart.
    Someone fell while you were in charge or after?
    Do you do just the snow and he fell during this time?
    Are they trying to get your new company to pay for something that happened outside the scope of your work and contract time?
  17. BSDeality

    BSDeality Senior Member
    Messages: 736

    WC may very well have paid the guy, but the WC Insurance company is likely trying to get back their lost $'s from the other insurance agent. Even if it's the same company, they still go after the other department.

    We had a guy take a piece of metal through his leg while using a mower a couple years ago. it actually wasn't as bad as it sounds, but while I was talking with the WC ins agent they wanted all the make/model/serial number of the machine he was using at the time. The standard questions like 'was he trained' 'were all the guards in place' 'all safety switches in place and working' etc. I told her this was a total freak accident in a yard that we'd be mowing for years. At the end of the conversation she said she's going to file a report against the make of the mower. I never found out what happened after that but I know she was going to try to get the $ back from the next insurance company.
  18. thelettuceman

    thelettuceman PlowSite.com Addict
    Messages: 1,216

    Unfortunately, I have to agree with you.
  19. fireball

    fireball PlowSite.com Veteran
    Messages: 535

    Let me understand this, the employee who was working at Walmarts for USM was driving the sweeper when he slipped and fell in the parking lot plowed by you. Boy are you screwed
  20. IMAGE

    IMAGE Sponsor
    Messages: 1,737

    Fireball! Hey man give me a call and i'll buy coffee, be good to catch up with you!