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tech was bitten by a dog on a job site

May 13, 2024
tech was bitten by a dog on a job site
         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?
            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.   

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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301