Rank: Forum user
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Any thoughts on this scenario?
An self-employed electrical contractor was working on a machine in a customers warehouse. Through his own fault, the machine started and he subsequently lost half a finger.
Does the contractor have any basis to claim for his injury from the owner of the machine? Or as a qualified professional should he have known better and will just have to suffer the consquences?
Thanks.
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Rank: Forum user
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Hi Sinead
It will always depend on the circumstances, however if it can be proved that the contractor is competent and it was his fault then I doubt he would win a claim .
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Rank: Forum user
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Dave,
That's what I was thinking as well.
Cheers.
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Rank: Super forum user
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As Dave said initially it depends on the circumstances.
Just because the contractor is a qualified electrician how much did he know about the mechanical operation of the equipment?
Did the warehouse owners have a lockout procedure for the equipment during maintenance?
Was the contractor briefed in these procedures?
Too little information to say it was all the contractors fault at this stage.
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Rank: Super forum user
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The contractor being at fault doesn't preclude the client from being at fault as well, in which case there could still be a claim. Did the client have any responsibilities for isolation, supervision, or provision of information that they failed in?
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Rank: Super forum user
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Being an electrician does not mean competence in all areas of electrical systems.
There will be more to this than meets the eye.
However, the "electrician" should have been sufficiently competent to avoid this issue in the first place, if he actually was competent to undertake the works.
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Rank: Super forum user
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Oh, forgot, if he was not competent to undertake the works then the client will be at fault for not selecting a competent contractor!...
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Rank: Super forum user
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If the contractor has ELI then he would be able to make a claim, otherwise he would be relying on the employers negligence via a civil claim. Even if the contractor was partly negligent it would not in itself prevent him from winning a claim, contributory negligence may reduce a percentage of the amount awarded.
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Rank: Super forum user
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I would generally agree with the other posts.
Anyone can make a claim, although whether this is successful or not will depend on the individual circumstances of the case and/or whether ‘somebody’ either accepts liability or is found liable. As has already been said there could be contributory negligence, which is in effect t and indication that there was also some degree or element of ‘fault’ on the part of the claimant.
However, I don’t believe that it follows that the fact that the contractor has ELI or not is material to whether you can make a claim or not. Surely the purpose of ELI is to pay out on behalf of the policyholder in the event of a successful claim i.e. if liability is accepted or ‘found’. It seems to me that the usual rules apply; was there a duty owed? Was the duty breached? Did the breach result in injury or loss? etc etc. ELI itself is not a fast track passport to making a successful claim, in the absence of establishing liability; it is as the name suggests an insurance against an event, in this case – liability.
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Rank: Super forum user
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OP stated self-employed contractor. EL insurance is unlikely to be relevant.
Also own fault.
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