Should workman's compensation insurance be a requirement for a tree removal contractor. Is an indemnity certificate sufficient?

Asked over 5 years ago - Tampa, FL

I need a large tree removed from my property.
All the contractors I have interviewed have liability insurance; only some have workman's comp (the expensive ones). One has an "indemnity certificate" that supposedly relieves me (the homeowner) of any responsibility if he gets hurt.

Are those certificates binding?
Or should I hire the expensive workman's comp guy?

Attorney answers (2)

  1. Guy Scott DiMartino

    Contributor Level 13

    Answered . This response is for education purposes only and is not intended to be legal advice or establish an attorney client relationship.

    Based on your question it appears that you are concerned about liability if a worker gets hurt on your property. If a worker gets hurt on your property because of an unreasonably safe condition or defect on your property, you may be liable under a premises liability theory even if the tree company has worker's compensation insurance.

    Regarding the indemnity certificate, you would have to look at the language of the certificate to determine the scope of indemnity.

    I hope this helps - good luck

  2. Paul J. Morgan

    Pro

    Contributor Level 9

    Answered . this question was asked a long time ago, but since it addresses one of my "pet peeves" let me answer by saying that it should be a requirement for a tree removal company to carry workers' compensation for its employees because this is a very dangerous job and without insurance, the workers' are often thrown to the curb and have little recourse for serious and expensive medical needs. By contributing to the problem in supporting uninsured contractors, you are perpetuating a dangerous situation. it is unlikely that only the contractor you hired will be doing all the work and if his helper is injured, he may come looking to your homeowners' insurance to cover the tab. While liability may be tough to prove, why would you want to expose yourself to any liability?

Related Topics

Property liability

Property (or premises) liability means that you can be legally responsible for injuries or accidents on property you failed to maintain as a safe environment.

Homeowner's insurance for property liability

Homeowner's insurance helps protect you from financial losses due to damage to your home or its contents, as well as your liability for certain accidents.

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