Clean It Up
UK Window Cleaning Forum => Window Cleaning Forum => Topic started by: edward1 on May 15, 2011, 08:03:41 am
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After my collegues accident ,it turns out he has a fractured toe and has been signed off for 3 months.
even tho it was not anything to do with me and happened due to the negliegence of the building owner and another contractor and the lack of looking around from my collegue,he is going to sue me for loss of earnings .
my insurance will then go after the building owner and i presume they will go after the other contractor.
i was intending to help my collegue through this by doing what work of his i can for free and so on .but noiw he intends to sue me that seems an odd thing to do .
Also im not sure how the building owner will take it .and as i do around 100k of work for them am concerned .
What do u guys think ?
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if ur going to do is work for free, what loss of earning is he going to have, by the end of this you two will not be friends, let solicictors deal with it, u just get on with your work and leave him to sort his own out
he will be lucky if he gets 3 grand, its a fractured toe for gods sake, wc on here ahve worked with worse
the building owner woundnt be bothered they wil just pass it on to there solicitors and insurance and forget about it and so should you
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being a sub contractor he should have his own insurance and they would chase it up, does he have any? if not that maybe thats your way out unless he goes to a no win no fee solicitor
i certainly wouldnt offer any help at all if hes thinking of sueing you and then mention that you wouldnt give him any work at all if he continues to sue
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as soon as he trys suing some one they will have him followed , due to the nature of thsi business ie cash in hand etc
he is trying it on
what does your own insurance say
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my insurance (gleaming insurance) are being helpfull .
they say he sues me and then they will go after the building owner to get thier money back.
he is a contractor but that particular day was working with me si technically i was his employer at the time apparently.
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Pass it on to your insurers and forget about it bar responding quickly to their requests for information. It's one of the reasons why you pay premiums, i.e. so they will take the strain from you.
Vin
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thx for your replys as this is obviouslly a big worry .
yes the insurance just told me not to reply to anything and forward any letters to them .
i have been getting up at 4.30 /5 since tuesday and doing his shops for him ,and wanted to help but dont think i can .
i think ill have to walk away now and let the insurance sort it .
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by doing his work then his insurance will say you are accepting responsibility for the accident becasue why would you do it for free, it doesnt matter if you where the worlds best buddies, they will say it is guilt making you do
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go see him tell him you will do his work so that there is no lose of earnings and not to sue anyone(because of potential lose of the contract you have) if he says no then poach his work,tell dss? tell him you will tell the insurance companies how it was his own fault and f**k him off and tell him never to speak to you again and move on ;D
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does your insurance company know he is sub contracting for you? even though hes on site at the same time he should be covered by his own insurance?
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im not sure they do but i will inform them of this .
thx
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thx for your replys they are helpful to me and i feel less stressed .
im going for a run to clear my head
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After my collegues accident ,it turns out he has a fractured toe and has been signed off for 3 months.
even tho it was not anything to do with me and happened due to the negliegence of the building owner and another contractor and the lack of looking around from my collegue,he is going to sue me for loss of earnings .
my insurance will then go after the building owner and i presume they will go after the other contractor.
i was intending to help my collegue through this by doing what work of his i can for free and so on .but noiw he intends to sue me that seems an odd thing to do .
Also im not sure how the building owner will take it .and as i do around 100k of work for them am concerned .
What do u guys think ?
I think he's trying to put the pressure on to get a settlement from you. If you can afford it, it may be cost effective for you to offer one too - so long as it doesn't get silly.
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After my collegues accident ,it turns out he has a fractured toe and has been signed off for 3 months.
even tho it was not anything to do with me and happened due to the negliegence of the building owner and another contractor and the lack of looking around from my collegue,he is going to sue me for loss of earnings .
my insurance will then go after the building owner and i presume they will go after the other contractor.
i was intending to help my collegue through this by doing what work of his i can for free and so on .but noiw he intends to sue me that seems an odd thing to do .
Also im not sure how the building owner will take it .and as i do around 100k of work for them am concerned .
What do u guys think ?
I wouldn't worry to much about it as there's not a lot you can do. It does seem odd that he thinks you are liable/negligent, he may as well go straight for the building owner which i'm sure thats the way it will go. I think i'd be telling him that given the formality of the situation he will have to sort his own work out himself.
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If you are his employer you have a duty of care to give him a safe working environment to be able to do his job safely.
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a fracture of a finger, thumb or toes is not classed as a fracture under RIDDOR
http://www.hse.gov.uk/riddor/guidance.htm#threeday
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i know dave ,but the accident was due to a third party.i can not control that .
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If you are his employer you have a duty of care to give him a safe working environment to be able to do his job safely.
one of the very first things in the HSWA.
http://www.legislation.gov.uk/ukpga/1974/37/section/3
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did you have a contract with him, was u paying him or the building owner
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i pay him,
i contract work to him and he works along side me now and then as well.
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is he in a plaster cast? could he do some ground floor work ,that way you could stop him trying a claim rather than letting him fire off the big guns at you
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how much of a friends is he
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worked with him for 10 yrs .been to his wedding and so on .
so he is a m8 but is ok to sue me .
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just say to him, it is ok to sue, but let the solicitors deal with it, if you are doing the work for him and he is still getting paid then he will not have a claim for loss of earnings, say to him you cant cover the work and let him sort it him self, as that way you dont know if he is not earning money, as if you do the work for him and he still gets paid off them it might look like a scam by you 2
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edward he is trying it on so walk away and let him get his own shopping and stuff. let the legal team deal with it and relax a bit mate.
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yes thankyou i will
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Its a broken toe, not a fully body cast, if he did it on his own patch, i bet he would be back at work in a day or two. And insurance takes a ling time to sort out, so he will have no money coming in, a couple of weeks of this, and he will be back
idealrob
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He's suing you, but why take it personel? If someone was travelling in my car and I had an accident, I would assist them all I could with their claim.
It's not your money he's after, it's the insurance company's, and why not we pay enough out in premiums.
I wouldn't worry about it, and I wouldn't lose a friend over it either, it's not personal mate, just a fact of modern life.
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Having a subby work for me i checked out the insurance situation - basically you employ him - therefore your
insurance has to cover yourself and him (he does not need insurance) any accident regarless of fault has to go
through your insurance - this is not personal - it's just the way it works - your insurance will then try to sue the third party or building owner.
just keep it professional and pass all paperwork to the insurance company. does not matter
if he's trying it on or not - your insurance co will determine that
Darran
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its not in writting though eddy is paying for his services and help on this chaps insurance as i say not in written form.
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Can you jump on it to make it hurt more?
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thankyou for all your replys today guys.you are all great
informative and helpful,
also chilled me out a bit.
he tells me that he is going to sue and thats that .not happy .but a lesson learnt .
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Counter Sue!
His lawyer will more than likely tell him to drop the charges or settle for next to nothing.
One thing i know about lawyers is that they would rather fold than fight
Danny