comp!

[treeman82]

I had some issues with the NYS comp people, so I went down there today to try to straighten things out. I believe that I've met more intelligent baboons after that experience.

They asked me "Do you know what a bucket truck is?"

Another guy asked me "How many bucket trucks do you have?"

I tried to explain that my customers help me on some jobs... "Well, they need to be covered." My response was... "THEY pay ME." "THEY feed ME." I mean how do you get comp on somebody who is paying you???

 

[NYCHA FORESTER]

So you are saying one of your clients got hurt helping you perform a job; presumably on their own property?

 

[BC WetCoast]

Having your customers help, presumably untrained and without PPE is an extremely risky situation. You are leaving yourself open for a big time lawsuit if they get hurt. Your worksite, you are in charge, regardless of whether it's on their property.

 

[treeman82]

Nobody got hurt. These guys aren't untrained either. There's a few retired cops, and a couple of older tradesmen. If I work for one of their friends, I don't have to bring anybody with me... or lunch. These guys have done tree work in the past, so they know what's going on to a point. They do it so that they have something to do... to a point. I go, I climb, come down for lunch... one of the wives will cook something... spaghetti with meatballs, sausage, broccoli rabe, maybe some moose, etc. Go back up and finish. They usually orchestrate things themselves.. I pick the day, they make the calls to get people over there.

I mean how do I get comp for that????

 

[Slvrmple72]

Workers comp is a very sticky thing. I cannot tell you enough to be careful using even the most veteran of saw operating customers to help you with your tree work even if it is their tree. A clear line of separation needs to be drawn between the work that they are paying you to do and the work that they the homeowner is doing themselves otherwise you risk a liabiltiy that can cost you your business...or the life of a friend who had no business trying to help do treework.

 

[lxt]

thats a unique situation you have there, are you always doing work for homeowners that help? these individuals you speak of are they the same ones helping you on every job?

It would be hard to beleive that every job you do the Home owner helps, there is a part in most comp & general liability insurance policies that forbid this even though you are on private property & being paid by the homeowner they`re the employer #1 & secondly the work site is/should/shall be occupied by professional tradespersons with training or knowledge within the tasks at hand(close to how my policy reads)

A home owner who hires a contractor pretty much forfeits their right to engage in work related activities in which they hire a contractor for!! honestly, I shut down the site if a home owner starts helping & explain it to them.........be carefull allowing this!!!!

good luck

LXT......................

 

[treeman82]

These guys don't always help me, but I think that the larger trees that I've taken down in the last few years have for the most part been for this group. If one of the guys could still climb they wouldn't have me coming over. He just turned 71 though, and these trees are BIG. This is kind of beside the point though... it just seems as though I would have had an easier time if I had just stayed home and pulled out my hair, rather than going down there to get ABSOLUTELY NOWHERE with this group of clowns.

 

[mastermind24]

anyone considered giving long term employees a small stake in the business?
even @ 1% they are now in the same position as the owner...nomatter how much they make comp is based on sometihng like 28,000 payroll, and they have the same right as the owner does to sign the waiver and not be covered.