Insurance

Insured for Your Protection

Many people are unaware that the tree industry is one of the most dangerous professions (including police and firefighting work). Because of the nature of working near live power lines, at extreme heights and with dangerous tools, tree work carries a heavy risk of serious injury and death. For your protection and peace of mind, it is essential that you understand how your tree service is working, not only to protect the health of your trees, but to protect you, your loved ones, and neighbors from devastating potential liabilities. Insurance in the tree industry is very expensive, especially workers’ injury insurance. Companies often do not carry proper insurance to protect you from liability, and some will stretch the truth to convince you everything is covered when they are under-insured, and many are unaware of what coverage is needed.

Remember, where a lot of money is involved, there is a lot of motivation to bend the truth. Do your own research and get certificates of insurance directly from the insurance company. No one should ever be offended or hesitant when you ask for proof of insurance! It is much cheaper simply to print “fully insured, workers’ compensation and liability insurance” on a card or ad than it is to buy coverage. This deception is made especially easy and profitable because very few customers actually check to see if insurance is in place until after an accident happens. Please do your homework.

Insurance Definitions

  • State Workers’ Compensation Insurance like we carry at J. Davis Tree Care Solutions is the most expensive and the most necessary insurance. This is the only real protection you can have from the liability of someone being injured while working on your property.

    There is no substitute for it! Without workers’ compensation insurance, tree companies are still legally required to take responsibility for work injuries, but you—the property owner—are next in line. If you hire a contractor who has no insurance to cover his workers, you must pay the bill if an employee is injured and the owner can’t pay it all.
    You may sue the contractor to recover damages, but meanwhile you have to pay for the injured person’s medical bills, lost wages, and other costs associated with the injury. Needless to say, it’s no fun.
  • Occupational Accident/Alternative Workers’ Insurance: These are types of workers’ insurance that are limited in coverage.
    They do not offer the same liability protection as state workers’ compensation. These types of policies can expose you to potential lawsuits from injured employees.
  • General Liability Insurance protects the customer’s property. It would pay, for example, to repair the damage if a tree fell on your house. General liability covers neither injuries suffered by tree workers nor accidents involving any on-road vehicle.

    For instance, if someone fell from a tree and broke his back on your property, general liability offers no protection. (Some policies do have a rider covering $5,000 of on-the-job injuries. But as emergency room can far exceed $5,000.)
    Also, if someone were to back a truck into your house or collapse your septic tank, general liability would be of no help.
  • Bonded: A bond is a written guarantee backed by a financial institution to ensure a job will be completed. Bonding is generally used only for large projects such as contracts with TDOT or utility companies. For a bond to mean anything, the customer must have a valid copy of it. If a company claims to be bonded but does not give you a copy of it for your specific job, being “bonded” offers you no protection.
  • Automobile Insurance covers damage resulting from accidents involving on-road vehicles of any kind. Commercial auto insurance has exclusions for auto accident injuries to employees or owners at work, since workers’ comp is designed to cover these injuries. This can be important to remember if someone has an accident involving a truck on your property.
  • Fully Insured: The internet will have many advertisements with the term “fully-insured.” What does it mean? More often than not, it means a tree company does not have the insurance you need and doesn’t want you to ask many questions. You must ask, however, because “fully insured” can easily mean absolutely nothing.
  • Besides understanding the insurance terms, don’t forget to finish your homework:

    Check with the Better Business Bureau to see if the business has received complaints and how the problems were rectified.

    Get reference checks on the tree company in question. Reputable businesses should be willing to provide you with customer references.

    Always deal directly with the insurance company that underwrites the policy. Never rely on the tree company’s copy of a certificate. Some pay only the first payment on their insurance policies and let them expire, passing off copies of the expired certificate as valid.
     

Workers’ Insurance Tricks

Some tree contractors claim they do not need workers’ insurance because the State of Texas doesn’t require it. It is true that the law in Texas doesn’t require workers’ insurance. But that will come as little comfort when liability bounces straight to you after the company owner is or claims to be unable to pay for the injury of a worker.

Another myth you may hear is that it is not needed if the owner is the only employee. If the owner is injured and can’t pay, you are just as liable. Additionally, no one should ever do tree work alone, as this greatly increases the chance of severe injury or death.

One trick is to carry workers’ comp on only one employee working at least 20 hours a week. This saves a tree company huge amounts if it employs several workers because workers’ comp premiums are based on payroll. A valid insurance certificate is meaningless if most employees are being paid “under the table” as subcontractors with no insurance.

Another common ploy is to carry a landscape-type policy that does not cover a worker at heights necessary to do tree work.

Example Tree Accident Case

Two tree workers are removing a tree in your backyard. One of them gets in the truck and pulls it and the trailer behind it forward. He does not see that the other worker is between the truck and trailer. When he pulls forward, the employee behind the truck is knocked over and crushed by the trailer. In a panic, the driver backs up and hits the brick wall of the house doing $2000 of damage to it.

Who pays?

The owner of the company only has the truck and trailer as his assets which are worth $8,000. He rents his house and has no savings or retirement. The company does not have auto insurance or workers’ insurance but does have general liability insurance. General liability insurance will not cover any of the costs of the accident because it involves an on-the-road vehicle. The hospital bills for the injured employee totals $35,000, lost wages total $20,000, and the repair of the wall is $2000 for a total bill of $57,000.

This is what will most likely happen. The homeowner will get the following letters in the mail:

  • A letter from the general liability company explaining that they are not responsible for the damage done to the wall because the accident involved an automobile.
  • A letter from the homeowner’s own home insurance company stating that they will not pay for any damages done to the house or any of the medical bills associated with the accident because the homeowner was responsible for making sure the tree company has all the proper insurance before the job was started.
    In most cases, homeowner insurance policies do not protect homeowners from this liability; most policies will state that it is your responsibility to check and confirm that companies you hire to work on your property have liability insurance and worker compensation insurance.
    If you fail to do this, you are responsible for any damages done to your property or injuries that occur during the course of work.
  • A letter from the lawyer for the injured employee stating that the owner of the company has filed bankruptcy and has only paid $3,000 toward the employee’s injuries and that a court date has been set for a civil suit to collect the remaining $54,000 plus legal fees. It should also be noted that there is very little defense to this type of lawsuit.
If the tree company had auto insurance, then the wall that was damaged would have been covered. If the company had workers’ insurance, then the employee’s injuries and lost wages would have been covered. This would mean that the homeowner would not have been financially liable for the accident.

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