Insurance claim

[SimSI]

I recently had an accident that was fairly nasty, I the boss of my own small company subcontracting work, the people who I sub contract the work from want me to sign a statement more or less taking all the blame even though I was 'asked' to perform a specific task by them that resulted in the injury, I know I could of refused but they would just hire someone else who would and I can't afford to lose the work. The accident caused a shutdown that lasted a couple of hours but may result in a large insurance claim due to hi spec products being produced. An insurance claim that could possibly put me out if business as no one will insure me. I dont know what to do, I am currently off work being unable to drive but employ several other men that would also lose their jobs. I have never made a claim or been claimed against. Any advice welcome. Thanks

 

[HFE Signs]

If you have an accident at work you can only blame your employer (if its their fault), if the employer is you and you own the company then you can only take the blame. If a company hires you to do a dangerous task its up to you to take the required measures to do the tack safely i.e. a full risk assesment, e.g. if you need scaffolding or safety equipment, this would then be relected in your quotation.... my guess is they may want to claim on you for the shut down or loss of work. As a business owner you have a responsibility to maintain your own and your staffs safety at all times.

 

[David Griffiths]

If you have an accident at work you can only blame your employer (if its their fault), if the employer is you and you own the company then you can only take the blame. If a company hires you to do a dangerous task its up to you to take the required measures to do the tack safely i.e. a full risk assesment, e.g. if you need scaffolding or safety equipment, this would then be relected in your quotation.... my guess is they may want to claim on you for the shut down or loss of work. As a business owner you have a responsibility to maintain your own and your staffs safety at all times.

Intersting viewpoint, not necessarily shared by everybody. (That's the polite version)

 

[LABJES]

Intersting viewpoint, not necessarily shared by everybody. (That's the polite version)

I have always been advised that the company employing the subcontractor was ultimately responsible for the subcontractors safety!

 

[kulture]

I recently had an accident that was fairly nasty, I the boss of my own small company subcontracting work, the people who I sub contract the work from want me to sign a statement more or less taking all the blame even though I was 'asked' to perform a specific task by them that resulted in the injury, I know I could of refused but they would just hire someone else who would and I can't afford to lose the work. The accident caused a shutdown that lasted a couple of hours but may result in a large insurance claim due to hi spec products being produced. An insurance claim that could possibly put me out if business as no one will insure me. I dont know what to do, I am currently off work being unable to drive but employ several other men that would also lose their jobs. I have never made a claim or been claimed against. Any advice welcome. Thanks

The only proper advice that can be given is to go see a solicitor. Not one of these ambulance chasers who offer a no win no fee service but a proper solicitor. One to whom you can provide ALL the details rather than the summary here, and who wil be able to question you in rather more detail into what you did and why you did it.

As for insurance. Your company should have liability insurance. You should not sign ANYTHING as it may invalidate your insurance policy. You should notify them of the situation, and if necessary pass all communication to them. This does not mean that you are making a claim, BUT they have to be informed in case the contractor, or their insurance company makes a claim.

I do not understand your comment about "no-one will insure me". In the normal course of life accidents happen, insurance companies get claims and pay out, and they put your premiums up, or you go to a broker and find a new insurer.

 

[ShortCouture]

Do not sign any admission of liability - don't sign anything at all.

I don't believe that Helper is correct.

There was a big case recently in the courts that is very similar, chap fell through a roof of commercial premises. The main contractor was found to be at fault because they had sub-contracted to him and had not done all the proper checks themselves and had not provided all the safety kit. Sound familiar.

The fact that they are trying to get you to sign something rather suggests that they know that they are at fault.

You need a lawyer - don't do this without one. Don't imagine it's too expensive, your livelyhood is at risk here.

 

[SimSI]

Thanks guys, I'll make an appt with the solicitor today - with regards to the insurance claim it could be half a million or more and I may not be able to afford the premiums cos I imagine they will go up significantly

 

[ShortCouture]

The claim will be made against the main contractor, not you. I believe that the factory can only claim for the production losses if the contractor was negligent.

As you are not the main contractor it's not you taking any blame.

When you are choosing a solicitor - make sure they have experience in this type of claim. Experience of winning that is.

 

[kulture]

Thanks guys, I'll make an appt with the solicitor today - with regards to the insurance claim it could be half a million or more and I may not be able to afford the premiums cos I imagine they will go up significantly

You are insured aren't you? Most public liability insurance starts at £2 million.

 

[SimSI]

We are insured up to 10 million but the items being produced are tens of thousands of pounds each......

 

[Cicero]

Intersting viewpoint, not necessarily shared by everybody. (That's the polite version)

You mean his advice is ********.
You are right.