Accident at work, who's liable?

claret73 · Mar 8, 2011

Thoughts on this please chaps as have a meeting with my contractor tomorrow...
Couple of weeks back was working in a department store with my Electrical Contractor. Now, I sub contract to him as an 'Improver', 'Mate' etc as not too au fait with Commercial & is reflected in my day rate...he then sub contracts as the 'electrical contractor' to the Main Contractor for the account.
I Was carrying a pair of combi steps up the escalator & they clipped the ceiling, causing them to jam between that & the tread. Escalator cuts out & find there is damage to a tread. The engineers that came in to fix it presented the bill to the Main Contractor, who then passes it to the electrical contractor, who then passes it to me...now I have £250 excess on my liability policy. Not trying to place blame elsewhere, it was one of those freak accidents that could happen to anybody, but feel I'm being done over by Main Contractor by having to pay out on this as am on site in a capacity as being 'under supervision', yet due to being CIS Self employed am now being left to carry the can!...

What do people think to this? Need some constructive points please...

thekingiam · Mar 8, 2011

unlucky mate, how much was total damage? just wondering why main contractor hasnt put his hands in his pockets.
dont no what legality is in such a case but seems unfair for you to cop the total bill as a lowly worker.

ringer · Mar 8, 2011

This is just my opinion - I am not a lawyer.
If you are looking for constructive points that would save you having to cough up, I'm afraid there won't be any. You did it, and you have to carry the can. Although your pay rate may reflect that of an Improver or Mate, unless you have a contract stating that, it looks like you are just another sub-contractor who has to take responsibility for any damage caused by yourself.

Dayo · Mar 8, 2011

well i guess if you take it on the chin at least you will prob still get work, if you dont you may get solicitors letter and def wont get anymore work.
in this day and age everyone is personnally liable.

thekingiam · Mar 8, 2011

have you spoken to your insurance company they may be able to guide you further, they certainly wont want to pay out on your behalf if they can help it.
if you want to carry on working for this company then you dont realy want to make waves, however if your name is mud because of this and maybe they aint going to employ you again (only you know) then you could look at things like did you have training to carry the ladder etc.
out of interest do you have own insurance or via pay masters sterling etc.
i would look into if claim made against you what your premium would be the following year after a claim, do my maths add up all the pros and cons

claret73 · Mar 8, 2011

Cheers!
Electrical contractor is being fine. They haven't yet kicked me into touch. They realise as much as I do that it was just one of those accidents...I have my own Public liability policy and have not yet spoken to the insurance company as was waiting to discuss it further with the electrical contractor. Looks like I'll be paying my excess, but am certain the Insurance co. won't be too quick to wish to pay out...wasn't tens of thousands of damage but wasn't exactly a few hundred quid either...
The Main contractor provides all Method statements & risk assessments & am certain after having read one of these that I'm down as a 'non competent person under supervision' or words to that effect.