1. Welcome to PlowSite. Notice a fresh look and new features? It’s now easier to share photos and videos, find popular topics fast, and enjoy expanded user profiles. If you have any questions, click HELP at the top or bottom of any page, or send an email to help@plowsite.com. We welcome your feedback.

    Dismiss Notice

Noob Question

Discussion in 'Introduce Yourself to the Community' started by santelikk, Oct 17, 2007.

  1. santelikk

    santelikk Member
    Messages: 67

    I have done some searching on this forum and want to make sure I understand things correctly.

    I will be using my personal vehicle to plow snow for my employer (I get a w2 from him.)
    It is my understandign that I will then be covered under his GL insurance.

    However I will need to get Commercial Vehicle insurance for my truck.

    Is this correct?
    Kevin
     
  2. basher

    basher PlowSite Fanatic
    from 19707
    Messages: 8,992

    Yes you need commercial auto insurance and list the snowplow. If you are a sub contractor then you need your own GL policy. Even if you're a hourly employee it could be worth looking in to personal liability insurance. If there is a suit and your wage includes the truck and truck failure caused the problem and you are responsible for the service and maintenance of the truck then you could be sued by the insurance company or named in the suit against your employer.
     
  3. santelikk

    santelikk Member
    Messages: 67

    Thanks for the info
     
  4. Oasis

    Oasis Senior Member
    Messages: 273

    In addition to being sued by the insurance company you could also be listed as a defendant by someone who may slip and fall on the property. I would suggest having a contract drawn up and signed by your employer releasing you from liablity against slip and fall liability just as any contractor would have signed by their customers.
     
  5. basher

    basher PlowSite Fanatic
    from 19707
    Messages: 8,992


    As a true employee you are covered by the "in service of the master" statues and therefore can not be personally sued. A employee is paid by the hour, has all taxes with held by the employer, is covered by the employer's WC insurance, and has a w-4 on file. Work hours, location and level of service provided are mandated by the employer.

    You can not write a contract that is contradictory to the law. If a plaintiff has the right to sue a contract won't stop them.
     
  6. Oasis

    Oasis Senior Member
    Messages: 273

    From my understanding he may be an employee however he is also acting as a sub contactor when providing an unusual service which he is being paid additionally for. On top of this he is using his own vehicle to provide this service. Im not 100% positive on the laws in that state however here he would require independant GL and still be adivsed to have a contract relieving him of personal liablity.

    BTW... Basher are you following me to argue on every point?