As we are all praying for Diego’s quick recovery, I’m pissed that an employer put him on a roof without worker’s comp insurance. Guy’s and Gal’s, if you think you can’t afford workers comp, then you can’t afford employees. We are at 26% here in California, but I pay because I don’t want to live with the fact that I risked/ruined someone’s life because I was too cheap, or just didn’t care. Am I out of line??
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Nope, even if I sold everything I owned I couldn’t cover those kind of expenses. I can’t imagine trying to sleep at night knowing I put someone and their family through that type of thing with no coverage. I haven’t heard what happened, but if that’s the case, someone needs to press charges.
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I think that is a bit over the top. Everyone has self responsibility and choices in life.
It is not like roof harnesses are a futuristic invention yet to be discovered.
I mean absolutely no disrespect to Diego or his family but it’s not like he was forced to work for this company. Yes it is tragic but he had just as much choice in the matter to be on that roof with no workers comp.
Diego was working just south of our market in KC. I know of the company that he was doing work for. I was shocked they didnt have Work Comp because they are a national window cleaning franchise. In Missouri, you are required to have work comp if you have 5 or more employees. A lot of small businesses do not carry Work Comp because of this exclusion but they do not understand the huge risk and liability to their company and possible personal assets by doing this. My lawyer, who also is one of the top Work Comp lawyers in missouri educated me that if a business under 5 employees has an employee work place accident and doesn’t carry work comp, they are still fully liable and open to all legal liabilities from that injured employee from their medical expenses and lost wages. Just because the law doesnt make you carry it, doesnt mean you are not responsible for accidents in your company. I don’t know Diego personally, I met him years ago at a Window Cleaning convention. I hope he gets the right lawyer and goes after this company that didnt protect him.
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State fund?
When I used to live Cali they were pretty much the only carrier for window cleaning. Expensive!
very irresponsible not to have employers insurance
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Ya-State Fund
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Especially since that franchisee advertises “fully insured” on their website.
I hate paying for my GL and WC (6.9% in NJ), but Ill be damned if one of my people got hurt and easnt covered.
I’d be double damned if I lost everything Ive ever worked for to cover a claim.
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Its still unknown as to whether or not he actually knew.
If I worked for a national franchise, I would assume that these things were covered.
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I pray for Diego and his family, the company that didn’t provide these BASIC standards for having employees should be held accountable. If employees make your company then they need to be properly cared for, obviously these guys shouldn’t have employees or be in business if that’s how low their standards are for employees.
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Goes to show how dangerous a second story fall can be.
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What prospective employee (especially if they’re young) asks their employer during the interview process if they are fully insured and carry Workmans comp?? I know I never did.
It’s certainly a sad situation and hope for the best for Diego and his family.
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Ive known Diego for about 6 - 7 years now. He is by far one of the nicest most kinda hearted humans I have had the pleasure of meeting. He would do anything to help anyone at anytime.
He was up at the WCR offices last year and crashed @Alex s house for a few nights. I think that was probably the last time I saw him. But we talked on Voxer every couple of weeks.
Im incredibly sadened about the whole situation. I think today marks 2 weeks in a coma. He does seem to be doing better… But hes not awake yet.
Even if the employer had insurance this would be an incredibly hard time for his family. The no insurance thing ( by the employer ) just makes it 10X worse.
If you can spare a buck or two for your fellow window cleaner please do so here: - Window Cleaner Fall – Diego Garcia - We need your help!
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Wow, here in Colorado once an employee gets on a step ladder it’s 30%.
Again there is no disrespect intended in my comments. That said it was his responsibility to ask and know. If it is not required by law then it is the responsibility of the employee to cover their bases. Our culture acts like employers are responsible to provide people with a job and healthcare etc. Where is the responsibility of the person wanting to be employed? Go start your own company and get your own workers comp.
Again Diego’s situation is tragic but this argument goes beyond his situation. People need to take responsibility for this lives and stop making excuses and making it other people’s responsibility to provide a living for them.
To be clear I am not speaking to his personal situation but in general about the responsibility of employers. I hope the best for him and his family.
As an owner operator I am not able to carry workers comp on myself as companies won’t write a policy for an owner operator. How is my situation different from that of an employee taking the same risks?
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That is it, the insurance companies make these outlandish rules.
Group benefits for an individual through an employer are more affordable than single coverage on your own.
In the grand scheme of things the same amount of people seek and need coverage, but Johnny Insurance says pay more unless you can work with a bunch of folks for a group rate.
Screw this whole insurance/healthcare debacle. If 332 million Americans collectively boycotted the insurance industry they would be forced to make changes or go out of business.
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As an owner/operator myself, I know I’m responsible for my own healthcare. However, if you are an employee it is reasonable to expect the company to have workers comp. likely, it lapsed and they didn’t tell anyone. Not much you can do if you’re the employee as they probably wouldn’t tell you.
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This is a two-way street, employees must realize also not to do work that can put themself into danger or is against OSHA regulations or even Common Sense factors.
People here post about people walking roofs and how simple it is and not worth time tying back, laddering or doing things the proper way. Calling people who point this simple fact out safety police, criticizing them. it’s actually common sense in what happens when you don’t follow simpled safety policy.
As unfortunate as these accidents are they’re usually avoidable.
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