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Ok Should I be worried

Discussion in 'Business Fundamentals' started by Bporter, Jan 9, 2008.

  1. Bporter

    Bporter Senior Member
    Messages: 147

    I just found out today that back on Dec. 1 during all thoose Ice storms and employee at a buisness that i salt fell But before i salted I recived a call from the place that the wanted salted at 5 pm and we salted around 6:15-6:30 But some time around 6pm a employee fell in the lot and know there is a work comp claim do you think they will come at me to pay or sue...I only salt when they call me there is no set time when i need to be there but i ussally try to be with in the hour but with all the salt i was going through that day it took me longer to get there. Should I be worried they may come after me. Let me know what you guys think.
    Thank you
  2. dfdsuperduty

    dfdsuperduty Senior Member
    Messages: 597

    I would make your insurance agent aware of the situation at hand just so they can be ready also contact an attorney
  3. dfdsuperduty

    dfdsuperduty Senior Member
    Messages: 597

    this is why i state that it is up to my opinion when salting services are performed remember you are the pro
  4. carcrz

    carcrz Senior Member
    Messages: 295

    you should be okay. If you are at their discression, then they should have called earlier.
  5. bribrius

    bribrius PlowSite.com Addict
    Messages: 1,609

    i'm not sure if they could come after you now if they already claimed it on workers comp.
  6. dakotasrock

    dakotasrock Senior Member
    from MN
    Messages: 260

    workmans comp might try to come after you, but if u have good insurance, and it doesnt say anywhere in your contract a specific time u have to be out, you should be fine. an hour and a half seems like reasonable lead time for me during a storm. Personally, I think up to three would still be safe, since traffic dictates how long it takes you to get there.
  7. wishin4snoww

    wishin4snoww Junior Member
    from S.E. MI
    Messages: 27

    Hope your contract is tight on that ours say the we are not responsible for slip and fall unless we salt at our discretion. Being it was an employee I wouldn't be as worried about it. Maybee you can get them to let you start salting when you want now. Good Luck
  8. shoeman68

    shoeman68 Member
    Messages: 67


    I personally would have a lawyer review your contract and add wording to protect you.
    This should not cost much for the peace of mind it will give you.
    I also have wording in my contracts that states, "ABC Company will be notified of any potentially dangerous condition when plows, sander or snow shovelers are not on site."
    You can't be on your site 24 hours and 7 days a week. Also, freeze-thaw conditions after snow creates sleepless nights if you don't have proper wording in the contract.
  9. LoneCowboy

    LoneCowboy PlowSite.com Addict
    Messages: 1,760

    an employee of the business fell during business hours, while they were "on the clock"?
    workman's comp.

    shouldn't even come back to you
  10. cha-chas plowin

    cha-chas plowin Member
    Messages: 44

    i salt

    we have a cust that said only when she calls but we had told her that we have to do it when it is needed due to that someone falls the person is blamed is us plowers and tis is a arbys:salute:
  11. Runner

    Runner Senior Member
    Messages: 957

    Arby's is known for that. There is a good story on here about a bull headed manager who refused to allow salt to be put down at the contractor's discretion. Well, guess what? She ended up in a cast.

    As for the poster of this thread, contact your insurance agent immediately. If this worker was on the clock, yes, the workman's comp may cover him, but that only covers the business of employment. Their insurance co., or the employee themselves, or both could pursue your insurance co., or worse yet, you for further compensation.
  12. Bporter

    Bporter Senior Member
    Messages: 147

    Ok Well hear it goes still no phone call from anyone about the matter but I did speak to my Insurance angent and according to them they don't have a leg to stand on and my attorny said the exact same thing and the decided to rub in my face that i should take this as a wake up call and get my rear in there and finsh the INC. part of the buisness. Yes i know guys i'm dumb for not having it done but on monday it will be complete...Big wake up call. But both said since the i'm an "at will" Contractor To this buisness and I only respond when called on and that this happed prior to me getting there and she fell because it wasn't salted yet and not because i Poorly salted I Should Be in the Clear.... And not to worry about it till I start Recieving phone calls. So take this as a listen from me to everyone out there whos not LLC or INC Really start thinking about covering your Personal Assests.
    Thanks Guys for you Feedback
    Keep them Comming
    Brian Porter
    Reliable Snow Remvoal
    Last edited: Jan 10, 2008
  13. Burkartsplow

    Burkartsplow PlowSite Veteran
    Messages: 3,248

    With a lot of fast food chains they will only salt in the most extreme conditions. They seem to be very cheap. Well I had a few and I will never do them again. I just wait for someone to fall and see what it is going to cost them after that. But you should be fine. I have a minor in business law and that definately falls under workers comp. you are fine.....Now maybe they will let you salt at your own discretion and then comes the payup...
  14. SnoFarmer

    SnoFarmer PlowSite Fanatic
    from N,E. MN
    Messages: 7,921

    Well said,
    Good points.

  15. ahoron

    ahoron Senior Member
    from here
    Messages: 422

    there could be a problem for you. They called and after that someone fell. I don't think an hour and a half is unreasonable but some might think that is too long. The problem is if they come after you in what is called a third party lawsuit. Yes it's a workmans comp. but they could sue you saying you took to long to get there. Illinois workmans comp has limits on payouts but third party the sky is the limit. I am not a lawyer and by no means an expert but there are many lawyers that might sue you figuring your insurance will just settle out of court. Remember the lady that sued mcdonalds because her coffee was to hot? Good luck