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will contract protect you from worksite injury
December 5, 2017
will contract protect you from worksite injury
    Do you have any contract that help to protect the company from being sued when injury happens at job site like fall from the ladder?
    Please advise.
    You should be concerned with job site injuries.  But that's what Workers Compensation Insurance is for.  Under WC your injuried employee is not permitted to sue you and must look to the WC insurance.  If a third party is involved, perhaps the party who provided the defective ladder, then your employee can get WC and also sue the responsible third party.  Problem arises when the third party then sues you, and that is exactly what happens.
    Under that scenario your Part B WC policy will cover you for common law negligence claims, but not contractual indemnity claims.  Your general liability policy [the one with the alarm E&O] will cover you for the claim also, but not the contractual indemnity claim unless you have a specific endorsement.  I understand that many alarm E&O carriers will not cover the contractual indemnity claim.  I also believe that Philidelpia Insurance will cover it, but you have to ask for it when you get your policy - so be sure your broker asks for it.
    What if someone other than your employee is injuried on the job-site?  Your alarm E&O policy will cover you for the common law negligence claim, but you have the same issue as above when it comes to the indemnity claim.  
    There is of course a pretty simple way to protect yourself, contractually.  Don't change the Indemnity Clause and the Insurance Procurement clause in the Standard Form Agreements [the All in One forms].  Then instead of being the one who indemnifies, you will be entitled to indemnity from the subscriber.
    So the answer is that the Standard Form Agreements will help protect your company when there is a workplace injury.

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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
516 747 6700