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 whitelist ken@kirschenbaumesq.com ****************************** tech was bitten by a dog on a job site May 13, 2024 *************************** tech was bitten by a dog on a job site *************************** Ken One of my techs was bitten by a dog on a job site. His pants were ripped and he had obvious puncture wounds from the bit. I made him go directly to the emergency clinic for treatment. We advised the client via email of our decision to send our technician for treatment with no response. We paid out just under 7K for the treatment for the bite. Any advice on how to get the client to cover the expenses or file on his homeowner’s insurance? Thanks, Tron ****************************** Response ****************************** My first advice is you should be a Concierge Client, part of the Concierge Program, which recently added as a new included benefit Employment Law advice; one free half hour when you join and a $125 Employment Law credit each month [15 minute consult]; free. You would have called when you needed the advice, not after the fact. Your employee should be covered by Workers Compensation Insurance; that would pay the medical expenses. The clothes would be on you. I assume you use Kirschenbaum Contracts™ which includes an indemnification from the subscriber to reimburse you for losses for claims. I believe your employee’s claim would be covered by that indemnity. Even without the indemnity you can ask the subscriber to reimburse you. It’s not your “business” if the subscriber pays you or turns that claim over to the Homeowner’s Insurance carrier, which should cover that kind of claim. Keep in mind that your employee can pursue a claim against the subscriber on his own; he doesn’t need you to fight that battle. A trip to a lawyer might reveal that the employee has not only ripped clothes, medical bills, lost pay, but trauma, psychological damage, neurological damage, headaches, nightmares, phobias ….. you got it, a nice sized claim well beyond the amount you have identified. This of course is not likely to endear you with your subscriber, but it’s really beyond your control. The injury in this case is of course easily separated from others that employees are exposed to, such as faulty ladders, slippery floors, electrical wiring, lifting heavy furniture, drilling, using other power or even hand tools, mold and other toxic conditions. Vicious biting dogs and kids [and adults] is just another potential risk. *************************** STANDARD FORMS Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com *************************** CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY - You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** ALARM ARTICLES: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles updated daily ******************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth ****************************** Getting on our Email List / Email Articles archived: 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 www.KirschenbaumEsq.com
