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  • Jurydoctor@aol.com
    The problem that I have with this case is that because the plaintiff took it upon himself to construct the scaffolding himself, and he built it incorrectly,
    Message 1 of 12 , Aug 28, 2007
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      """The problem that I have with this case is that because the plaintiff took
      it
      upon himself to construct the scaffolding himself, and he built it
      incorrectly, the defendants get off scott free.
      It does not seem fair that the defendants will be rewarded for not doing
      their job (providing proper and safe equipment)."""


      MIKE: Though I am not sure who all the defendants are, I assume they will be
      at least the carpentry company Vincent worked for, the GC who hired the
      carpentry company, and the owner who hired the GC, I?do not?have a problem at all
      with Vincent collecting money for his work related injury.?

      Normally employee injuries are covered by worker's compensation and the
      injured employee is entitled to benefits regardless of his culpability.? There are
      of course?some exceptions such as being under the influence of alcohol?or
      other dangerous drugs at the time of the injury.??That being stipulated, I think
      it is the management's responsibility, and I think legal precedence supports me
      in this view,?to insure a safe workplace, not the employee's.? For instance
      if a?a wait staff spills a drink and another?staff then slips resulting in
      injury even though the injured staff knew it was dangerous to walk through spills,
      the injury would be covered by worker's compensation.? If an electrician on a
      construction site turned a circuit breaker off to work on a piece of
      equipment and neglected to lock and tag the breaker and was injured because someone
      else turned it back on, the electrician would still be entitled to worker's
      compensation.

      I worked for a number of years as a construction manager/owner's
      representative?for a restaurant franchise.? We required the GC to carry worker's
      compensation insurance and other insurances on all his subcontractors.? It was written
      so that it was the GC's responsibility.? The usual way it was handled was that
      as a requirement of employment each subcontractor?submitted proof of various
      insurances?at the contractually required levels.? If a subcontractor was
      hiring other contractors to assist him, the subcontractor had to supply to the GC
      proof of insurance from the new subs.? The purpose, of course, was to avoid
      this type of suit, or to have insurance companies subrogate it.? BTW the
      franchise I worked for also carried indemnity insurance in case something slipped
      through the cracks.?

      It's unfortunate that Vincent did not have a lawyer before?asserting his
      responsibility but I do not hold that against him,? any more than I would hold it
      against a drunk who is assaulted and injured by some lowlife after leaving a
      bar.? It is management's responsibility to maintain a safe work place.? On
      construction sites it is the GC's responsibility to?insure that the workplace is
      being constructed in a safe manner.? that is one of the purposes of having a
      superintendent on site.
      ?
      I suspect if you dig a little deeper you will find that the GC's
      superintendent?and the carpentry company were in some type of disagreement about who was
      going to pay for the needed scaffolding which caused the delay.??On projects I
      oversaw, normally the GC would supply the scaffolding?and have it as a line
      item in his bid for the project or he would supply the scaffolding and then
      prorate the charges among the subs who needed to use it, because on?most
      construction projects quite a few different subs will?use the scaffolding such as
      masons, carpenters, painters, and roofers to name four off the top of my head.?
      ?
      In any case, I would?side with Vincent.

      __________________________________________





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