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edward1

  • Posts: 423
employee/subby sueing me What would u do
« on: May 15, 2011, 08:03:41 am »
 
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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Pope vader

  • Posts: 1944
Re: employee/subby sueing me What would u do
« Reply #1 on: May 15, 2011, 08:19:49 am »
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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STEVE-UK

  • Posts: 1609
Re: employee/subby sueing me What would u do
« Reply #2 on: May 15, 2011, 08:21:38 am »
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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Pope vader

  • Posts: 1944
Re: employee/subby sueing me What would u do
« Reply #3 on: May 15, 2011, 08:24:14 am »
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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edward1

  • Posts: 423
Re: employee/subby sueing me What would u do
« Reply #4 on: May 15, 2011, 08:28:12 am »
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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Perfect Windows

  • Posts: 4303
Re: employee/subby sueing me What would u do
« Reply #5 on: May 15, 2011, 08:29:41 am »
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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edward1

  • Posts: 423
Re: employee/subby sueing me What would u do
« Reply #6 on: May 15, 2011, 08:34:34 am »
 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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Pope vader

  • Posts: 1944
Re: employee/subby sueing me What would u do
« Reply #7 on: May 15, 2011, 08:39:23 am »
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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bobplum

  • Posts: 5602
Re: employee/subby sueing me What would u do
« Reply #8 on: May 15, 2011, 08:45:02 am »
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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STEVE-UK

  • Posts: 1609
Re: employee/subby sueing me What would u do
« Reply #9 on: May 15, 2011, 08:48:07 am »
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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edward1

  • Posts: 423
Re: employee/subby sueing me What would u do
« Reply #10 on: May 15, 2011, 08:49:43 am »
im not sure they do but i will inform them of this .
thx
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edward1

  • Posts: 423
Re: employee/subby sueing me What would u do
« Reply #11 on: May 15, 2011, 08:52:49 am »
 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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Paul Coleman

Re: employee/subby sueing me What would u do
« Reply #12 on: May 15, 2011, 09:14:20 am »
Quote from: edward1 on May 15, 2011, 08:03:41 am

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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mikecam

Re: employee/subby sueing me What would u do
« Reply #13 on: May 15, 2011, 10:29:13 am »
Quote from: edward1 on May 15, 2011, 08:03:41 am

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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Moderator David@stives

  • Posts: 8829
Re: employee/subby sueing me What would u do
« Reply #14 on: May 15, 2011, 10:50:47 am »
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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JSMC

  • Posts: 3511
Re: employee/subby sueing me What would u do
« Reply #15 on: May 15, 2011, 10:53:15 am »
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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edward1

  • Posts: 423
Re: employee/subby sueing me What would u do
« Reply #16 on: May 15, 2011, 10:59:47 am »
i know dave ,but the accident was due to a third party.i can not control that .
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JSMC

  • Posts: 3511
Re: employee/subby sueing me What would u do
« Reply #17 on: May 15, 2011, 11:01:41 am »
Quote from: David morris @st-ives on May 15, 2011, 10:50:47 am
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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Pope vader

  • Posts: 1944
Re: employee/subby sueing me What would u do
« Reply #18 on: May 15, 2011, 11:13:00 am »
did you have a contract with him,  was u paying him or the building owner
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edward1

  • Posts: 423
Re: employee/subby sueing me What would u do
« Reply #19 on: May 15, 2011, 11:42:33 am »
i pay him,
i contract work to him and he works along side me now and then as well.
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