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Contract Labor

Started by Autocar, September 14, 2011, 01:02:18 PM

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Autocar

What kind of insurance dose a fellow half to have incase the contracter gets hurt ? Ive hired other logging crews over the years and worry myself simple till quiting time comes and they drive home safe. I had a case a number of years ago where I bought 30 trees had a contract signed by the farmer. I got hurt and my insurance company sued his carrier for there money they spent on me. I was mad as a wet hen and called them , I stated I owned the trees he dosen't have anything in it. But they said I was on his ground and they were sueing ! So call me a worry wart but I like all the bases covered. Bill
Bill

Ron Scott

The logging contractor should carry workmens comp and liability insurance. Require proof of insurance from them.
~Ron

WDH

I agree with Ron.  That is good business practice.
Woodmizer LT40HDD35, John Deere 2155, Kubota M5-111, Kubota L2501, Nyle L53 Dehumidification Kiln, and a passion for all things with leafs, twigs, and bark.  hamsleyhardwood.com

Autocar

Yes I agree but there carrier will sue me to get there money spent on any medical bills. So I am looking for some kind of insurance that will cover that. Bill
Bill

WDH

You need to see a lawyer and develop a contract with the sub-contractor that protects you.
Woodmizer LT40HDD35, John Deere 2155, Kubota M5-111, Kubota L2501, Nyle L53 Dehumidification Kiln, and a passion for all things with leafs, twigs, and bark.  hamsleyhardwood.com

Norm

I carry a $5 million liability insurance coverage for this. I hire contract labor often enough to have it even though I require proof of both types of insurance coverages from them.

Kansas

There is so much gray area when you get into contract labor, and for that matter, deciding what is contract labor. If we have a logger log out a timber for us, and he uses all his own equipment, does he need workers comp? As half owner of a business, I have chosen to opt out of workers comp. If he is a sole proprietorship, seems like he could as well. We have one guy that hauls in logs for us. He has his own truck. He has his own loader. I guess in theory he could haul for someone else. And he has done a little custom logging for a few people and hauled those logs into the mill for them to be custom milled.If I required loggers that haul in to me to have workers comp, I wouldn't have any loggers hauling in. I realize there are liability issues left and right, and we also have a 5 million liability policy. You can play endless "what ifs". If I buy logs from a farmer having trees dozed out, and he gets hurt salvaging them, I guess technically I am paying him to log for us, being he will get more money to cut em out and haul them in.

lumberjack48

This is what ruined the logging industry [ liability ]
It got so bad i didn't dare hire anybody, they were all out to sue you.
I know a big operator and the way he does it, he lease's his equipment to each operator, like he was 6 trucks and he hires you to drive one, he will lease that truck to you, so now your a owner/ operator.

Heres how my case went
I had been running a crew so i was carrying  insurance threw the co. i was working for, that they requested.
So i get hurt, when i was in the hospital we read the policy over and over, i even had a lawyer read , by reading this he says theres no problem your covered. The hospital wanted to know who was going to pay them.
Will at the end of the day way down in fine/fine print it said everybody is covered except the [ OWNER]   real nice, like i didn't have enough problems.

So now what,
Lawyer said you have no choice but sue the Co., i said no way there friends of mine i can't sue them.
Will i had ran up some pretty big bills, we hit the Co. with a lawsuit.
WOW 8) this didn't fly, they told me i was a contractor i couldn't sue them for nothing.
Will to make a long court story short
They told me how they wanted the wood cut, where to make landings and road ect.
Big mistake, they were liable

So heres what it comes down to, anytime you tell somebody what to do and how to do it your liable.





Third generation logger, owner operator, 30 yrs felling experience with pole skidder. I got my neck broke back in 89, left me a quad. The wife kept the job going up to 96.

Autocar

Bill

Mark K

When ever I have another contractor working for me I have them get me a certificate from there liability and workmens comp listing me as additionally insured. Covers me if they get hurt on my job.
Husky 372's-385's,576, 2100
Treefarmer C7D
Franklin 405
Belsaw m-14 sawmill

lumberjack48

I forgot to mention this, very important

If i would have advertised in a newspaper at anytime that i had firewood, logs, ect for sale, the Co. WOULD not have been liable.

If i would have had a logo , my Co. name on a truck door or check book ect, the Co. WOULD not have been liable.
Even a purchase recite with a Co name on it.

I never had a Co. name on till i got hurt, the wife kept the job going, we worked for the same Co., but now it was T&N Logging.
She kept the job going 6 yrs after i was hurt, besides getting me up and dressing and feeding me, i basically had to be spoon feed the first year. 
She would load me in the pickup with a Hoyer lift, i sat in the pickup all day, i helped her with the battle plan of the day.
She did all the maintenance on the equipment, i taught her how to change oil and ect before i got hurt, she wasn't happy at the time, i told her if i got killed or hurt she would have to know, i'm talking about a 99 lb. woman.

I'm home alone right now, were in the process of moving again, she took a load up to where were going ,,150 miles one way, it will be a long day, shes got me all set up with lunch, ect, be home about 8 or 9 pm. It brings tears to my eyes watching her work so hard, loading
furniture, but some body has to do it when you can't hire. 
Third generation logger, owner operator, 30 yrs felling experience with pole skidder. I got my neck broke back in 89, left me a quad. The wife kept the job going up to 96.

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