I had a situation occur the other day. We are subcontracting to a large gc on a cluster of 18 unit “luxury” apts. Not really my bag but it originally looked like winter work to keep us busy. Not to say it doesn’t pay well but I bid it right and some circumstances allowed me to get my price. And there are many more to come.
Anyhow, no one on this site is following any osha rules, although most of the other subs are competent, and seasoned. To make a long story short, the generals employees are trimming out the units as we detail the exterior. They were leaning poplar 1×6 base standing up against a second floor deck and pulling it into the unit as needed. Apparently it blew over a few times and they kept putting it back up. I didn’t see this but one of my guys did. One of my employees was walking around the building and got hit in the head when it blew over maybe the third time. I think this was the FNG’s doing. My guy sustained a 1-1/2 laceration on his scalp. I drove him to the clinic and got him fixed up. Three stitches, he voluntarily returns to work same day. He will take sick time for the hours missed. Meanwhile, I talk to the super who saw it happened and explained the issue of his material hitting my guys head.
Question:
Never had a claim in 12 years, I’m lucky I guess. I didn’t report it on my comp yet. Should I? Will this affect my premiums? I am willing to pay the expenses out of pocket (maybe 600 bucks plus lost time), should I?
My feeling is that the general should pay this claim or run it through his comp. Should I push the issue? I hadn’t seen the general at all on this job but he showed up this day. My feeling was that he was questioning our safety practices, and trying to make me the scapegoat for his guys f-up.
If I report it to my comp carrier will it matter if I give the circumstances of the accident naming the general as the cause? Will they recover from him?
There was not one apology from anyone on their crew which really jerks me. If I injured someone like that I would take full responsibility. I’m not saying thats not going to happen but it sure doesn’t look like it.
Any thoughts from the comp theorists out there. Greatly appreciated.
Tom
Replies
I agree with you that the gc should carry the cost,but he could easily make the point that your guys should have been wearing hard hats(sounds like a good idea in this case).I spend a lot of my time stupid-proofing my jobsites,especially when more than 1 crew is present.
In today's insurance environment, I would pay any small claim(under $1000) out of pocket.I regard my comp policy as a safeguard against a large claim bankrupting me and perhaps one of my customers.It seems a shame to pay for insurance and not use it,but even a small claim can increase your rate for a long time.
CLARK DOOR & WINDOW
Tommy.
I would pay the claim out of pocket. Probably will be less than $500. You have something called a mod rating. This is the experience of your company as compared to the "average" company. An average company has a mod rating of 100. A worse than average company has a mod rating of 110 or more. (depending on how worse). Since you have not had an accident in 12 years you probably have an excellent mod rating. .75 or lower.
This is important because this mod is multiplied by the class code for what each person is doing. For example. Class code 7896 (made up) is caperenter less than 3 stories. Class code 7896 average rate is 22.45. (made that up too) So if your mod was 110 your comp premium would be 22.45 x 1.10 or 24.70. If your mod was .75 your premium would be 16.84.
So it pays not to let the little claims add up. But it is probably not a big deal if you don't have a claim for another 12 years.
At the clinic they probably asked you or your worker how it happened trying to determine on the job or not. So your comp carrier is probably already aware of it. I would not try to pass it off on the GC. I would document it in writing to the GC and super. CYA Put your own spin on the story.
Good points, guys.
I think I will document it to the gc on paper scrapr. At the clinic, they did ask me if its work related, and who my comp carrier was. I asked them to bill me directly and I would handle it. I was advised to turn it over to my comp carrier in the event that there are future complications, but I don't see that happening.
For crissakes, my kid got a worse cut on his scalp and I was gonna just tie his hair in a knot around it until the wife intervened.
I was just saying that we ought to wear hard hats, etc., but in my experience if you try and protect something its just an excuse to be careless. If I thought a guy was dangerous I'd manufacture a reason to get rid of him, rather than try to protect him by idiotproofing the jobsite.
I encourage safety at every opportunity.
I'm going to take out the stitches with some dirty toenail clippers in the morning.Tom
I always take my own out. It doesnt hurt. I put my own in once it hurt a little not as bad as you think though. Who Dares Wins.
hurts even less when ya put them into someone else....
JeffBuck Construction Pittsburgh,PA
Fine Carpentery.....While U Waite
sounds like good advice... any time i can.. i pay 'em for the full day and out of pocket expenses.. and the hard hats are 20/20 hindsight..
have a talk with the GC.. and the injured employee... feel him out.. if there are going to be any possible claims you may want to file your " employer's first report of injury".. if the employee is cool and no complications.. no foul- on penalty..
let the GC know his guys are running an unsafe site.. it's in his interests and yours to straighten it outMike Smith Rhode Island : Design / Build / Repair / Restore
be a azz, call, Osha let them come out for a visit
I was hoping you'd sound in on this one Mike. You seem to be knowlegeable in this area. I'm going to just pay it out of pocket. I showed up today and one of my guys had taken the stitches out for the other. I didn't see anything but a couple of good guys that I'm fortunate to have working along side me.
I've seen many worse cuts tended to by and for idiots such as myself, but in a locker room after some old fashioned hockey, eh. Recreation is a different animal altogether.Tom
That sounds even better. I've got to license myself to do that.Who Dares Wins.
No license needed...just hang out with a guy that bar fights seem to find.....sooner or later.....usually about 3 am back at his apartment...it'll come up.
Got to do my buddy Mad MIke's right forearm once......see..he was right handed..and he finally got a gash on the one place he couldn't reach!
Oh...find a guy that's prepared.....he had all the fixin's at his place..."just in case"...
Be sure to drink before..during..and after. Seemed to help both DR and patient.
JeffBuck Construction Pittsburgh,PA
Fine Carpentery.....While U Waite
Heavy drinking is a given. When I did my own I just improvised with a sewing kit and fishing line. A few years later I was comparing notes with a surgeon He uses the same technique as I, but wouldn't officialy condon self suturing. Legal reasons I guess.Who Dares Wins.
Try crazy glue. It works
I'm with Speedy on this one. Pay it out of pocket. Accidents happen. Head injuries attract a lot of attention that you don't need.
I understand not filing a claim, but why not ask the gc for compensation of actual costs?
Do it right, or do it twice.
I'm curious what was worked out here, too.
I'm under the impression that if I left a board leaning against a wall at the end of the day, some twit breaks in the house, stumbles into a painter's stepladder which falls on the board I left, and it hits the trespasser in the head, I'm at fault and my General Liability has to pay for his heathy return to society.
This is why I just bumped up my GL to a million beans...I also tell my guys if they get hurt and tell anybody to put it on my workman's comp, they'd better be dead, if not, I'm going to kill them<G> Always out of the pocket! EliphIno!
That's why its a gd shame. Pay out the arse and can't use it.
I paid out of pocket. I probably won't put it on the bill to the gc, but I will note it on there somewhere.
I'd have taken responsibility if it was my material hitting one of their guys' heads.Tom