You are Liable if you Hire Uninsured or Unlicensed

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FYI, Colorado has a statutory exemption for tree work and lawn care- No automatic employee status.

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What is meant by this?

does it mean that tree and lawn care workers don't have to be covered by worker's comp?

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I would think that tis means that the homeowner is not liable. However ,the owner of the company will be liable...
 
Tom, It applies to liability transfer to the homeowner. If a tree company IS an employer it is supposed to have WC on its employees. In CO statutorily a homeowner cannot be presumed to be an "employer" if they hire someone for tree or lawncare services. This is a homeowner protection so that they are not held responsible for accidents, negligence or stupidity resulting in injury to Paul the Pruner or Larry the Lawnguy.
 
An article to share with all potential clients.

NOTE/EDIT: I deleted the link back to the webpage. Tim @TMW thought ahead and copy/pasted the article into the post so we still have it available. Tom

You may save a few dollars by hiring an uninsured or even unlicensed tree trimmer. But did you know that when you do so, you are liable for that person’s safety? It’s true. You are considered that person’s employer, even if they work for a tree trimming company. You can even be prosecuted for wrongful death if an accident occurs, and you will probably lose the case.

There have been many lawsuits like this in the past, the most recent being Ramirez vs. Nelson. In this case, a California couple hired a tree trimming company to come out and trim their tree. When Ramirez was trimming, he somehow touched a power line with his trimming pole and was electrocuted and killed. The Nelsons, the homeowners, were in the house when the accident occurred. They didn’t see it happen and they were unaware that the tree trimmer was uninsured and not licensed to do the work that he was doing.
Unfortunately, many people think that they can learn how to trim trees and make some money. They do not go through the proper channels of becoming licensed, insured and they do not get themselves extensively trained in tree trimming safety. The Nelson’s argued that they had nothing to do with the accident. The attorney said that they were the employee’s agent. They were liable because they hired someone unlicensed to trim a tree over 15 feet tall. They had only assumed that he was licensed.

The Nelson’s tried to have the lawsuit covered by Workman’s Compensation. But, because this employee worked for them for less than 52 hours, Workman’s Compensation did not apply. So, the Nelson’s were charged with wrongful death.
When look for tree trimming Austin, make sure that you thoroughly check out the one that you hire. Make sure that they have had the proper training and carry their own insurance. The most highly trained and experienced tree trimmer you can hire is a Certified Arborist. If you hire and Arborist with the right certification, then you can be sure that they have the proper training to do the job with safety in mind.

Ask to see credentials before you allow work to begin. Do not put yourself in a situation where your liability comes into question. Be safe and hire an Austin tree trimming company that is familiar with your type of trees and has had extensive training and experience with them. Be safe, not sorry.

About the Author: Andrew Johnson is the owner of Central Texas Tree Care.
What a great article. Doing everything above board might be a bit more costly but it pays off in the end.
 
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What a great article. Doing everything above board might be a bit more costly but it pays off in the end.
Welcome to TreeBuzz! And congratulations on your first post! I hope you will continue posting here, and contribute your knowledge and experiences to this forum.

Also, on a slightly less positive note, TreeBuzz has a lot trouble with posts simply looking to backlink a website as this one appears to do. You might consider removing the link to your website, as not many of the business owners on here are likely to hire another service. Hope my post here is not coming across incorrectly, I’m just hoping to see the Buzz continue as a place of collaboration and not competition.
 
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I clicked the original link post #1 and it was broken, but now with post #28 in the quote it works, as well as the link in the comment felid goes to the same thing. I say spam! @Tom Dunlap
 
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