Who's liable for my tools destroyed in fire at workplace ?

[lyonspride]

tedmagnum said:

One option I was suggested is that I sue him for negligence. But I'd have to prove that he was negligent.

The workshop was a complete fire hazard. Plastic containers of waste oil stacked up against a wall. Vehicles left on charge over-night. Fuel not kept in fuel cupboards etc. He was negligent. But I can't prove it.

Who knows. The insurance investigation may show that up...

I obviously don't want to be "That guy" who goes down that route though..

Cheers

Tricky one, I know garages are different, but it's the same sort of thing where I work, fire hazards everywhere including dodgy electrics and safety hazards, BUT they've got everything certified, ISO9000, etc. A lot of companies do this, say they do something on paper, but in practice do nothing of the sort, knowing full well that all the auditors look at is the documents.

On paper they're perfect,so if anything happened the investigators would look at the paperwork and say "yes all is in order here" and there wouldn't be a leg to stand on for anyone trying to claim anything.

[tedmagnum]

I'm self employed. But I was on a trial to be employed there.

I've talked to the boss. He said I'm not insured. He said even his other tech's, who's been there 5 years, aren't insured either.

He said he will try and help me out if he can. But I'm not holding my breath.


Yes. I should have had my own insurance. But I was only four days into my new job and my old job had my tools fully insured. I didn't even think about it.

So now I have no job and no tools.

[Hashtaggggg]

They are your tools, and I assume significant value.


Surely it is your responsibility to either insure them yourself or make sure the business will cover prior to leaving him on site?

[TwigtheWonderkid]

Hashtaggggg said:

They are your tools, and I assume significant value.


Surely it is your responsibility to either insure them yourself or make sure the business will cover prior to leaving him on site?

I think the OP knows this. I think, if he's honest, the thread is basically "are their any straws I can clutch at?" And with the boss saying he might see if he can help him out, I think he's actually clutched to the only straw going. Other than getting into a long drawn out battle over negligence where the onus is on him to prove negligence.

[vaud]

While not condoning, it is possible that the boss claims a portion of all of the contractor tools on his insurance as his own tools - not too much that the insurers would get suspicious, but not enough to replace all.

(Yes it is fraud and no I am not suggesting it is a good idea)

[TwigtheWonderkid]

vaud said:

While not condoning, it is possible that the boss claims a portion of all of the contractor tools on his insurance as his own tools - not too much that the insurers would get suspicious, but not enough to replace all.

(Yes it is fraud and no I am not suggesting it is a good idea)

Yes, committing insurance fraud is indeed possible. However, most people do it to benefit themselves, not a third party.

[elanfan]

OP - check your household contents cover. You might be able to benefit from the Temporary Removal clause. It was a temporary removal because you weren’t an employee nor had been offered a role. The tools were yours personally rather than belonging to your business. Read your policy document you might be lucky.