NJ Board of tree experts.

[ThatsNotMaple]

I will answer since I'm online and I'm not sure if Mike is. This is based on my reading of the law.

1. Just on staff in a supervisory role. They do not necessarily need to be the one doing the work and they do not need to be on every job site.

2. It was. The business licensing issue (which requires proof of insurance and workers comp) is a separate thing (sort of) than the individual licensing.

3. This thread is the first I've heard of it being enforced. Still plenty of renegades in my area. How would they police a whole state for this? Search the web? In my experience the companies with websites are the ones with insurance and workers comp (but maybe not licensing), so that wouldn't really eliminate the pick-up-truck cowboys. They don't have a large budget, so I figure this will only be a small hassle for the established firms (time and money to license) and probably won't affect the average crack-head-with-a-saw types. There will be some who will get "busted," but I have a suspicion these won't be the people the law is actually trying to block from the industry.

 

[Stephen Moore]

Probably not looking at jail time here for not having liability (possibly for not having workers comp though). However, it is still nuts to work without. I've heard people say "I can't afford insurance" or "I only do this part time, so I can't justify the cost of insurance". My reply is "if you cannot afford the premiums, than you most certainly can't afford to NOT have the insurance!"

Jail time for a branch hitting someone and killing them? Without insurance or Wcb? Yes it is a very real possibility. Negligence causing death carries a jail term in this country.

 

[ATH]

Jail time for a branch hitting someone and killing them? Without insurance or Wcb? Yes it is a very real possibility. Negligence causing death carries a jail term in this country.

Not to get too far side tracked....but if my negligence lead to a fatality worth of jail time without insurance, wouldn't my same actions still lead to death (and therefore jail time?) even if I did have insurance?

Insurance will protect against the civil liability arising from actions, but not criminal. Lack of worker's comp when there is a job site fatality could probably lead to jail time for the owner - not so much for that one incident, but more for the accumulation of time without legally required coverage. (furthering the side track - those not paying WC or liability are probably also not withholding taxes....)

Obviously there are going to be differences state to state, and certainly between US and Canada.

 

[ATH]

,,,,, They don't have a large budget, so I figure this will only be a small hassle for the established firms (time and money to license) and probably won't affect the average crack-head-with-a-saw types. There will be some who will get "busted," but I have a suspicion these won't be the people the law is actually trying to block from the industry.

Cost the people trying to do it right more money, headache, and paperwork without stopping anything negative in the process. Sounds like big government at its best. Hopefully municipalities have some authority to enforce the regulations so at least they can choose to clean up their own back yards.

 

[Stephen Moore]

Not to get too far side tracked....but if my negligence lead to a fatality worth of jail time without insurance, wouldn't my same actions still lead to death (and therefore jail time?) even if I did have insurance?

Insurance will protect against the civil liability arising from actions, but not criminal. Lack of worker's comp when there is a job site fatality could probably lead to jail time for the owner - not so much for that one incident, but more for the accumulation of time without legally required coverage. (furthering the side track - those not paying WC or liability are probably also not withholding taxes....)

Obviously there are going to be differences state to state, and certainly between US and Canada.

Yes you are right but not exercising due diligence is negligence. Knowingly putting people at risk when injury or death is a known possible outcome will not shine favorably in court.. It will be an additional complication. It's akin to driving without a license and registration and accidentally killing someone, vs an insured and registered, licensed driver accidentally killing someone. I guarantee a different outcome in court.