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For those removing trees without workers comp

11K views 23 replies 10 participants last post by  PenningsLandscaping  
#1 ·
Hey guys, I know alot of you are removing trees for clients without workers comp.... I do... And I know alot of you other solo his are as well. My question is this... If you don't have workers comp, what is protecting your clients from being sued in the event you are injured in the job? And I guess this applies to lawn care guys as well. Sure most of us carry liability... But what about if you get hurt on site? I'm asking, because I have a client that needs a big tree taken down. It is clearly out of my expertise... So I'm trying to find them someone. Most of the people that have called me to do the job have liability but no workers comp. I'm concerned that I could recommend my client someone.... That guy I recommended to them gets hurt... And them sues my client. The easy answer is to stay out of this transaction all together, but I want to learn something. Aren't people who use contractors without workers comp in jeopardy and is there a way to prevent a possible lawsuit outside of having workers comp. Before you hate on me, I'm being over half the people on this site and in the real world alot more than half are working with no workers comp. Yet lawsuits are not common. How are they taste in this environment? Thanks for helping me understand this guy's.
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#5 ·
The funny thing is hearing everyone talk about lowballers without insurance.... But they are only talking about liability insurance. Isn't workers comp insurance just as important? Somehow the guys without both forms of insurance are somehow worse than our boys who have half of what they really need to have. Hmmmmmm....
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#7 ·
I'm wanting to hear from someone working workout workers comp and what they think of the danger their clients are in...... I'll start.... Hi, I'm Jon with lawn worx... I'm a lawn care and landscaping solo guy that works without both liability and workers comp insurance. There you go boys... I admitted it. I do it because I seriously doubt I can do much damage performing the services that I do. If I break a window... I'm pay for it myself. As far as workers comp... I have my own health insurance and I would never die someone whom have me work. So that's why I do what I do. Save the hate, your wasting your breath. So, anyone want to admit they don't carry all the insurance they should and what their reasons are? Come on, I'm sure I'm not the only one. In fact, I'd bet money im in the majority.
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#8 ·
I'm wanting to hear from someone working workout workers comp and what they think of the danger their clients are in...... I'll start.... Hi, I'm Jon with lawn worx... I'm a lawn care and landscaping solo guy that works without both liability and workers comp insurance. There you go boys... I admitted it. I do it because I seriously doubt I can do much damage performing the services that I do. If I break a window... I'm pay for it myself. As far as workers comp... I have my own health insurance and I would never die someone whom have me work. So that's why I do what I do. Save the hate, your wasting your breath. So, anyone want to admit they don't carry all the insurance they should and what their reasons are? Come on, I'm sure I'm not the only one. In fact, I'd bet money im in the majority.
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I went without insurance for awhile, but eventually got it. I sleep a lot better at night knowing I'm good. Stuff happens, you should really consider it. My policy for snowblowing and lawn maintenance 1m/2m is $800 a year.
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#9 ·
I went without insurance for awhile, but eventually got it. I sleep a lot better at night knowing I'm good. Stuff happens, you should really consider it. My policy for snowblowing and lawn maintenance 1m/2m is $800 a year.
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And how much are you paying for the workers comp?
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#11 ·
I think you mean "without"

not "workout"

anyhoo, don't need workman's comp being solo, but I carry disability.

Most guys do...sounds like an argument is trying to get started for no real reason.
 
#13 ·
Agreed, being solo and not having worker's comp is a far cry from not having GL.
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GL... protects the homeowner from property damage.... No workers comp places the homeowner at risk of being sued by the contractor if injured in their property. GL is only half of the insurance that is truely needed. Working without it places some degree of risk to your client.... I was merely asking why you guys think that is Ok? Or are you saying its not necessary??? I'm all ears
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#14 ·
GL... protects the homeowner from property damage.... No workers comp places the homeowner at risk of being sued by the contractor if injured in their property. GL is only half of the insurance that is truely needed. Working without it places some degree of risk to your client.... I was merely asking why you guys think that is Ok? Or are you saying its not necessary??? I'm all ears
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Because I'm the contractor and I don't plan on suing the homeowner.

GL protects YOU from getting cleaned out by someone who sues YOU. Not just the homeowner. Do you not understand that?

But I also wouldn't recommend a tree contractor without Workers comp.
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#15 ·
Because I'm the contractor and I don't plan on suing the homeowner.

GL protects YOU from getting cleaned out by someone who sues YOU. Not just the homeowner. Do you not understand that?

But I also wouldn't recommend a tree contractor without Workers comp.
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Well I guess since you don't plan on sueing the homeowner.... I guess they are good to go. Dude that is funny. GL protects your clients property against damage you do.... That is all it protects. GL provides no injury protection to anyone. Look im not attacking you, Im underinsured as well and accept the consequences. But I'm not lieing to myself thinking our clients are 100% safe allowing us to work for them since we have no medical injury on the job insurance.
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#16 ·
Well I guess since you don't plan on sueing the homeowner.... I guess they are good to go. Dude that is funny. GL protects your clients property against damage you do.... That is all it protects. GL provides no injury protection to anyone. Look im not attacking you, Im underinsured as well and accept the consequences. But I'm not lieing to myself thinking our clients are 100% safe allowing us to work for them since we have no medical injury on the job insurance.
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Ask anyone who is paying for workers comp of they think you are underinsured. Everyone of them will say yes you are.
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#17 ·
Some of you guys are a little confused as to what insurance is what, and should talk to your broker/agent/under writer to get it straight.

General liability covers accidental damage or harm YOU might cause while on the job.
IF YOU cause damage or harm to others or their property YOU are liable for the cost.
IF you have a General Liability policy, HOPEFULLY the amount of damage is LESS than the amount you are insured for.
BUT you can be sued BY the person injured, for MORE than your policy.
So simply having a policy doesn't necessarily mean anymore than not having a policy at all, if the amount you are being sued for is more than your policy.

General liability policy is NOT for your customer, it does NOTHING for them, it covers YOU in the case YOU need to pay for something you did, or are accused of doing.


WORKER's COMP on the other hand covers again YOU for legal liability/responsibility for a worker in your company who was injured during the process of working for you.
Worker's Comp isn't optional if you have workers.
Again this type of insurance has nothing to do with the homeowner.
IF you DONT have any:
1) You are in a butt load of trouble if the worker reports you.
2) Technically a Worker COULD sue the homeowner in addition to you, in which case the default insurance would be the homeowners policy, which depending on how it is written may or may not cover any damages.

Worker's comp does not apply to a solo/self employed guy who is NOT his own employee… meaning if he hasn't formed an LLC and isn't paying himself through payroll as he would an employee, then he will NOT have WC that covers him.
MOST Solos/sole proprietors not only Don't have WC, but CAN'T get it or get covered by it anyway.

IF they get hurt on the job, suing the homeowner isn't a reasonable recourse. You aren't going to win.

IF you want insurance for this kind of thing, as a solo. What you get is called AD&D Insurance (accidental death and dismemberment) and a supplemental Afflac policy. It's actually rather affordable, because it only pays out for big issues (like losing a finger, having a leg cut off or dying) and is less common than even Major Medical.

No contractor carries any insurance FOR their customer, insurance is solely for the protection of the contractor and his assets, in the event someone else is attempting to hold him liable for damages they believe the contractor is responsible for (like a broken window or an injured worker)
 
#18 ·
"Worker's Comp isn't optional if you have workers.
Again this type of insurance has nothing to do with the homeowner.
IF you DONT have any:
1) You are in a butt load of trouble if the worker reports you."

While I agree you are responsible for your employee it is not a requirement in some/most states until you have reached a certain number of employees. In SC that number is four however it doesn't mean you wont be held responsible for an employee injury.
 
#19 ·
And how much are you paying for the workers comp?
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TP did a great job summarizing the different insurances. I get the impression you may not understand the importance and workings of workers comp. Your state's wc website is a good starting point:
http://insurance.ky.gov/static_info.aspx?static_id=27&MenuID=88&Div_id=15

By the way, if you have an employee who experiences a work related injury, and you don't have workers comp, YOU could go to jail.

You mentioned payment of medical expenses, but the WC also pays a portion of wage loss while the employee is unable to work.

Premiums are based on job classifications. IE, the higher the risk of an employee getting injured, the more you pay.
 
#20 ·
I also live in SC and know that with less than 4 employees, we are not required to have WC. I am still currently getting several quotes done because I intend to keep growing and I want to protect my guys and my company as much as feasible. I don't like paying for extra things as much as the next guy, but it's deductible and a "necessary" growing pain. I'll be raising prices as well to help make up for the cost. It's part of growing a "legit" business.
 
#21 ·
ok...maybe im missing something. Please someone help me understand.
Im a solo landscaper. So I don't have to have workers comp. I can get it, but its not required. I know that general liability covers any damage I do to a clients property. What keeps me from sueing a client in the event I get hurt on their property doing work for them? Obviously I think I wont, because afterall they gave me a job. But lets say im killed taking down a tree on a clients property. What is keeping my heirs from sueing them? The reason I need to know this...is im going to refer a tree service to my client to take down a tree. They have general liability. I have heard of injured workers suing clients even if the accident is their fault. I don't want to put my client in any type of danger. So don't tell me to stay out of this transaction....im trying to learn what is needed. Does workers comp protect a homeowner from a injury related lawsuit or is it something else? Somebody dummy this down so I can understand what is needed and what it covers. Thanks
 
#22 ·
ok...maybe im missing something. Please someone help me understand.
Im a solo landscaper. So I don't have to have workers comp. I can get it, but its not required. I know that general liability covers any damage I do to a clients property. What keeps me from sueing a client in the event I get hurt on their property doing work for them? Obviously I think I wont, because afterall they gave me a job. But lets say im killed taking down a tree on a clients property. What is keeping my heirs from sueing them? The reason I need to know this...is im going to refer a tree service to my client to take down a tree. They have general liability. I have heard of injured workers suing clients even if the accident is their fault. I don't want to put my client in any type of danger. So don't tell me to stay out of this transaction....im trying to learn what is needed. Does workers comp protect a homeowner from a injury related lawsuit or is it something else? Somebody dummy this down so I can understand what is needed and what it covers. Thanks
What makes you think that by hurting yourself taking down a tree on a property entitles you to sue?
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#24 ·
So are you saying general liability is all a contractor needs and all a homeowner needs to be protected from any contractor they hire?
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If you drop a tree limb on yourself and break your legs, while working on a property that has nothing to do with the homeowner.

To sue a property owner, you need to prove some sort of negligence on their part. The only negligence I can see from this scenario is they neglected to not hire a moron.
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