Large Dead Oak Tree - Worker's Comp

[game04]

I have a big dead oak tree in my back yard that I need to have taken down. It probably about 70' tall and the neighbor says it's been dead for probably about 20 years. There is no bark or smaller branches left. I've had several small outfits out to look at it and none of them have expressed much concern about climbing this tree and taking it down limb by limb. They all seem to just really want the work. The average estimate was about $500-700 and none of these guys have worker's comp. I then had a big well known company (with workers comp) out and they said the tree was way too dangerous too climb. They said the only safe way would be to fell the entire tree. I hate to resort to this option because this tree is in a small wooded area and it would do a lot of tree damage when it falls. My question is would I be crazy to hire someone that doesn't have worker's comp to climb this tree? A few said they were willing to sign a liability release. Would that get me off the hook if someone got hurt? Thanks for any advice

 

[Frank Boyer]

A non insured workers comp claim can leave you on the hook for way into 6 figures.

 

[Eq Broker]

Frank is right. Even though the worker might sign the release form, if he dies on the job site his family can come after the homeowner. I agree with the big tree company. Yes, it might damage some trees when it falls however, it will be a lot less damaging to your wallet than if someone gets hurt. Also, homeowners need to follow-up on the insurance certificate as many companies may provide you with one then cancel the insurance.

 

[carguy]

It is commendable that these small outfits are willing to work but if they do not have workmen's comp you by default become the employer who is then responsible to cover all costs which workmen's comp would have covered. As a previous poster indicated, a serious injury or death could easily go into high six figures or more which would bankrupt most of us.

 

[husabud]

Keep looking. You will find someone with Comp that will climb that tree or have an aerial lift to avoid all the neighboring tree damage. Do not settle for a huge price just for comp when they are only going to "Notch it and Watch it". I am not required to carry comp, as of yet, as I am a sole proprietor. I do have comp on my employees. Check into that as well. Good Luck.

 

[game04]

Thanks for all the replies and confirming I definitely need to hire a company with worker's comp. Turns out I had another big company with comp out today and they said it is safe to climb. Now I'm just waiting for them to send me the quote...

 

[BrocLuno]

Check with your home owners policy agent ...

You might be able to hire one of the small outfits and buy workers comp for the job? So the estimate might be $600 for the work and $400 for a 4 day policy. You'd be covered and so would the guy climbing. I'd suggest getting coverage for damage beyond the immediate site - say the whole tree comes over and catches part of the garage or something. With long dead trees it's not always predictable.

If the small outfit is a sole proprietor/operator he may be able to get insurance cheaper than you can, but it's worth looking into.

Here in Calif, he can't bill for more than $600 unless he's a licensed contractor. That protects you from cost over-runs from unlicensed. But, with injuries he can sue. So Comp and extra protection is a good idea. And I hope for both of your sakes, you hire a licensed person.

 

[ClimbinArbor]

If a feller is good enough he should be able to put the tree in the best position to not disturb the remaining trees. We just took 46 dead pines out of a row of 200, and only damaged one 2 inch live limb in the process. You can even drop trees on young limber trees, and have them recover quickly, if you free them from the bind quickly...

Felling the tree is going to be the most economic choice. I know I will charge almost double when I have to climb a tree that will probably kill me...

But make sure they are insured... and a liability waiver can be picked apart by any 5 cent lawyer...