Menu
Button: Make a Payment Button: Newsletter Mailing List

Icon: Healthcare LawHands-On Experience

Providing legal advice

and services since 1977

will contract protect you from worksite injury December 5, 2017

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
You can read all of our articles on our website.  Having trouble getting our emails?   Change your spam controls and white list ken@kirschenbaumesq.com, secure.mybiz.com and mybiz.com 
************************************
will contract protect you from worksite injury
December 5, 2017
********************
will contract protect you from worksite injury
********************
Ken,
    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.
Mun
******************
Response
******************
    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.
******************
THE ALARM EXCHANGE

alarm classifieds alarm security contractsThis area is reserved for alarm classifieds, alarm company announcements, solicitations, offers, etc. Those wishing to sell or buy; borrow or lend; dealer program or dealer; central stations; insurance brokers; business  brokers, insurance companies. Equipment to sell; looking for employees; subcontractors; mergers;

There is no charge to post a listing here.Include your contact information, phone, email and web site.  If you would like to submit a posting, please send an email to ken@kirschenbaumesq.com.  To create a reciprocal link to our website, click here.
**************************************************************************************
Many of you are forwarding these emails to friends or asking that others be added to the list.
Sign up for our daily newsletter here: Sign Up.  You can read articles and order alarm contracts on our web site www.alarmcontracts.com

Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
ken@kirschenbaumesq.com
516 747 6700
www.KirschenbaumEsq.com