1. Are all true contractors insured?
2. What does "employees" mean—people our associations may have employed to do work, such as handymen, or employees of a contractor?
3. If employees of a contractor is meant, wouldn't they (assuming the contractor is insured) be insured also? And if not, what is the point in having a contractor be insured?
4. If employees means anyone an association employs to do work, this is great news. It means we no longer have to be worried that the handyman we hire to make a simple gutter or roof repair will fall off the ladder and sue us for medical costs. If it means this, why then haven't we heard this more clearly, and why have there still been the dire warnings about hiring uninsured workers?
5. How MUCH is the coverage? Is it some token amount or is it a realistic amount that will really protect us?
I'm sorry, but this paragraph in the article is unclear to me as are some other things that come out in the Reporter.
I believe two problems need to be addressed. First, those who put out such information need to themselves be clear about things. Second, assuming they are clear themselves, they need to take pains to make sure what they write is clear to the average resident. One way to accomplish this is to try out the article on one or two "average residents"—but note, people who will SAY if they don't understand something.
The aforementioned article reads: "Workman's Comp: New in 2009. It protects the Association from lawsuits by employees. This is a very important policy because not every "contractor" is a contractor. There are cases that contractors are found, by the courts, to be employees. The nature of such lawsuits by employees are staggeringly high."
I e-mailed Dan Gladstone asking for a clarification of this a few months ago but received no reply. Perhaps I made a mistake in addressing my e-mail. I thought I'd put it on the Blog now, and perhaps Dan or someone else can answer it.
Since Dan is the Insurance GURU, He should answer your questions on the BLOG. I'm confused also but then again it doesn't take much to confuse Me.
ReplyDeleteDan is preparing a response. In the meantime here's some info to chew on.
ReplyDeleteEmployee v. Contractor
In most states employers must buy workers' compensation insurance to protect their employees. Contractors are not employees and therefore you don't need to buy workers' compensation coverage for them.
Here is a common definition:
"Independent contractor means a person who performs services for another under contract, but who is not under the essential control or superintendence of the other person while performing those services."
Here are some benchmarks:
-Does a contract exist for the person to perform a certain piece or kind of work at a fixed price?
-Does the person employ assistants with the right to supervise their activities?
-Does the person furnish any necessary tools, supplies, or materials?
-Does the person have the right to control the progress of the work, except as to final results?
-Is the work a part of the regular business of the employer?
-Is the person's business or occupation typically of an independent nature?
-The amount of time for which the person is employed.
-The method of payment, whether by time or by job.
-Does the person receive a paycheck or do they make a profit / loss from the job?
-Does the person receive benefits similar to those of employees?
-Does the person accumulate vacation time or paid time off?
-Does the person purchase his own liability and/or workers' compensation insurance?
The above are used as a whole to determine an individual's status.
I’m afraid Mr. Gladstone’s communication skill, or the perceived lack of it, doesn’t appear to be confined to his letter writing or his missives in the UCO Reporter.
ReplyDeleteIn September two units in Southampton B, where gutted follwowing the ‘alleged’ appearance of mold. Alas Mr. Gladstone failed to officially inform the Assocation until October when he ‘suggested’ it was in the interests of all concerened that we sign a contract with the company, that is on the tip of so many tongues – I st Priority Restoration!
I also heard – first hand, that a Dover resident, returning with his elderly mother in tow where unable to stay in their apartment because it had been gutted by Ist Priority Restoration - last July, the owner was informed. Like so many others, this insurance casulatity had, he was told, created mold in several apartments.
Isn’t it remarkable what 30 gallons of water can do?
Unfortuanatly, neither the devoutly caring Mr. Gladstone, the Dover president or 1st Priority Restoration had informed the poor residents. who where forced to return to the frozen North, where it seems they may have to stay because it’s unlikely that their apartment will be habitable this season.
Whilst Mr. G may not be too great with the pen and ink, he is a remarkably good talker. Perhaps he’s just too preoccupied with what he has to say these days to answer letters or maybe he just can’t afford the stamp?
I too presumed – obviously wrongly, that a man of Mr. Gladstone’s extensive business background would have recognized the importance of answering the questions of those he purports to serve immediately. Yet even this appears to beyond his comprehension and Randall has to report that Dan will report.
How pretentious can you get?
Good Grief! How can units be gutted as above, who gives permission, what happens to the owner's stuff? I am glad I live in a 24-unit bldg, with more communication. We had 1 major leak in 10 years but prompt drying was good.
ReplyDeleteI tried asking Mr Gladstone for proof of insurance recently, after a week of misunderstandings I called Plastridge, they were excellent and also provided info on CV claims. Plastridge has approx 30 agents in the Palm Beach Gardens office they are all clear and helpful (561) 630-4955. CV associations can begin with Karen. I will go to her first in future.
More thoughts after coffee :-)
ReplyDeleteWHY, WHY, WHY are Dan and Randall explaining insurance!
WHY, WHY, WHY does UCO say 'call Dan'!
We pay Plastridge, it is Plastridge' job to deal with our association claims and questions, they have the staff and knowledge (561) 630-4955.
The insurance committee and Dan can do planning and oversight. You can see "let Dan do it" has resulted in all kinds of confusion, and not just linguistic.
I would like to know why Dan only knows one company to call when there is a pipe broken. Our president had a pipe broken and called EC< who couldn't fix the pipe properly, the condo downstairs had the ceiling fall and a big puddle. Our president did nothing so I spoke to Dan and within half an hour they were on the phone with me and on their way to the job. I guess they didn't have too many jobs at that time because they started right away. They ripped out everything in the president's condo and downstairs as well although I saw no mold downstairs. The president wanted an extra floor cabinet in his kitchen and signed for an $800 cabinet. All my cabinets did not cost $800 from Home Depot. The president's was a cabinet. They really ripped him off. I was shocked but he had signed his life away to them and was stuck. Again, a company taking advantage of an older person who was under duress at the time and only wanted his condo repaired. We need to have a list of good companies to phone in an emergency. I had been warned about First Priority and their charges but they were the one that Dan phoned for me.
ReplyDeleteHi Elaine,
ReplyDeleteMy comment was a cite from the following source:
scottsimmondsinsurance.blogspot.com/2008/01/employee-v-contractor.html
I do not believe that I was, as you stated, "explaining insurance!" In the future, I will quote the reference source and place the quotation marks appropriately. Thank you for bringing this to my attention.
In response to your first questions Elaine:
ReplyDeleteWhilst I have no idea how many apartments have been gutted, I can personally confirm that in the case of Southampton B, residents belongings where boxed and left in the middle of the living room, where they still remain in both apartments.
In contravention of 718 without the knowledge, consent or contract with the Association, bathrooms, kitchen and a large proportion of drywall where removed.
The Dover resident also verbally confirmed to me that a similar scenario greeted him and his elderly mother on their return. He alleges that way back in July, without his knowledge or consent his mother’s personal possessions where boxed and left in the middle of the living room floor. This gross invasion of her privacy has left her feeling violated. Bathrooms, kitchen had also been removed.
With reference to permission:
In a statement to Southampton B Condominium Association, Attorney, Adam Fetterman, reported that in September he had received a verbal assurance from Dan Gladstone.
Mr. Gladstone stated that:
"As UCO representative he had authority and obligation to act on behalf of all residents in insurance matters."
Sue, I am speechless, but I am putting a notice on my door "Mr Gladstone is a UCO committee chairperson and has no authority to do anything to my condo."
ReplyDeleteI think a complaint should be lodged by the aggrieved Condo Owners with the Fl.AG and the FL. Ins.Commissioner. Let them get to the bottom of this whole mess.
ReplyDeleteI agree with you Mike but at the same time, personally, find it irreprehensible that the UCO executive has, until recently, allowed this situation to continue unabated and unchecked.
ReplyDeleteirresponsibly incomprehensibly reprehensible absolutely :-) sorry could not resist.
ReplyDelete