You are Liable if you Hire Uninsured or Unlicensed

TMW

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An article to share with all potential clients.

http://www.centraltexastreecare.com/2008/10/you-are-liable-if-you-hire-uninsured-or.html


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.
 
Great Article, it's too bad though that this isn't more widely available to the general public. Even with this information, most people "assume" that tree work really isn't that dangerous, and with a "won't happen to me" attitude people will continue to hire inexperienced trimmers.
 
That mind set applies to many different forms of contracting, ie, roofers, driveways, landscaping, hardscaping just to neame a few. All contractors need to be insured.
 
This just goes to point out a perfect example of why tree care companies should become accredited through TCIA. I have spoken with other tree care company owners who simply feel that accreditation is pure vanity. To the contrary, if you, and I also encourage you to do so, look into the TCIA accreditation program; you will find that there is a wealth of information for the employer; and furthermore a great deal of information and consumer protection for your clients.
 
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This just goes to point out a perfect example of why tree care companies should become accredited through TCIA. I have spoken with other tree care company owners who simply feel that accreditation is pure vanity. To the contrary, if you, and I also encourage you to do so, look into the TCIA accreditation program; you will find that there is a wealth of information for the employer; and furthermore a great deal of information and consumer protection for your clients.

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I wonder if we will all get to show 10% of our actual requirements like Bartlett was allowed to do? I know of a few co.s with several (3-7) offices, that asked the same question about fair treatment like Bratlett was given. The answer was the same, go float! Why is Bartlett so special? And they had the nerve to flaunt it in our faces in 2 seperate publications! Until the TCIA is fair, and gets MUCH better record keeping I am not a fan.
 
Wade, how large is your company?

I'm a new TCIA member, and just have 2-4 employees..plus one is a sub....though, if anything happened, I'd be liable, as he has yet to get insurance....he has a bus license, but no contractor's license or bond yet either. Been after him to get legit..he prolly will soon..only just got his license in august.

I'm too small to be interested in being accredited, nor would it be easy to qualify...there's much about my operation that is a tad "sloppy"...
 
off topic, but some of you guys prolly ski.....Bridger and Big Sky/ Moonlight are the two best good (read steep) ski areas in the US that I haven't skiied...myself and a couple other hard charging arborists are gung ho to road trip that way if the goods get deep....maybe some of you guys would put us up--in trade for pro photos......
 
I have a good freind of mine he also works for me. I think he got 65-70 days in last year . already has skied this year as well . and he tunes skies on the side .nice guy you would like him.
 
Tim thanks for posting that article. Very interesting. I definitely think that every tree contractor and sub should be properly insured when working on someone's property.

I am a TCIA member and have nothing but good things to say about them, but I agree with Roger in the fact that I feel that my small LLC company isn't big enough to go through the process of getting accredited through TCIA.

There is myself as a climber and my wife who does an incredible job as a groundworker for me. We hire a climber (as you know) who is an insured subcontractor to climb on jobs where I feel my wife will need an extra hand on the ground.

Worked out great for us on the last job.
 
The TCIA accreditation was one of the best business decisions we have made. We are not a large company but through the accreditation, we know everything is in place. We will be going through the recertification process this month which will require another onsite audit. I would highly recommend every company at least to pursue the steps of accreditation.

The article of this unfortunate death further serves to support my feelings that we as an industry need to push for licensing on a state level. Not just a contractor’s license, but an actual tree service license. Then, we need to police ourselves, and those who are not properly license get reported. The license would guarantee proper insurance, workman’s compensation, and a test for knowledge. The CA credential could serve as a requirement. Are we ready as an industry to take these steps as other industries have such as electricians, plumbers, hair dressers, etc? So far, I see a lot of resistance to this suggestion, mainly because much of our industry is not legitimate. Should we allow this to continue?
 
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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?
 
grin.gif
 
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off topic, but some of you guys prolly ski.....Bridger and Big Sky/ Moonlight are the two best good (read steep) ski areas in the US that I haven't skiied...myself and a couple other hard charging arborists are gung ho to road trip that way if the goods get deep....maybe some of you guys would put us up--in trade for pro photos......

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Off topic still here. Roger if you head that way let me know. I'll come down. Not too far from here and then you guys could head home via Castle/ Fernie with a place to stay along the way.
 

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