Insufficiently secured or own fault?

Wait a minute - the BG is not his insurance! It wasn't his construction helper after all.

He should of course still contact them!

Not in the sense of policyholder, but in the sense of risk bearer.

Otherwise, the only advice is to engage a lawyer to counter claims.

Hello,

We had the first work accident on our construction site on Wednesday.

It can happen, thank Mother Nature, the construction worker got off relatively lightly.

... our inspection shaft protrudes about 30-40 cm from the ground. At that time, it was completely covered by the civil engineering company with 2 overlapping plates and weighed down with a stone on top [...] Yesterday we then received a letter from the construction company stating that the shaft was insufficiently secured...

I would wish for Volker to respond. ....?

Layman's opinion: I could imagine that you have to forward the letter, or the demand contained therein, to the civil engineering company. In my opinion, it is not enough to cover an inspection shaft in the described manner. What can happen, you have now experienced. However, whether you will be held partly responsible (regarding securing the inspection shaft) - although, I assume, you had a construction fence put up to secure the site - I cannot judge; I am not a lawyer.

If I were you, I would talk to your insurance; the BG must be informed by the BU. Your insurer should be best able to explain the situation and the next steps to you ;)

Rhineland regards

The construction worker is insured through the construction company... I myself have additionally taken out builder's liability insurance. So far, I have only been sent a memo stating that an inadequately secured shaft was present on the property and that I am now to secure it... which, however, is a clear attribution of fault to me as the builder and not to the negligent behavior on the part of the construction worker... which, in my eyes, is the case here... as he did not climb up there unintentionally or by accident, but intentionally with the aim of reaching a higher/better position. It is an inspection shaft and not a folding step or a ladder... occupational health and safety sends its regards.

Hello,

You have, I assume, had a construction fence set up to secure the construction site – I am not able to judge this; I am not a lawyer.

Rhenish greetings

But what difference does the construction fence around the property make here?...the inspection shaft is located about 2.5 meters from one side of the house...so it is clearly on the property (about 10 meters to the street)...

But what difference does the construction fence around the property make here?... the inspection shaft is about 2.5 meters away from one side of the house... so it is clearly on the property (about 10 meters to the street)...

You are obligated to secure your construction site. Such a construction fence "unconsciously signals" increased caution to everyone; including any craftsman or construction worker. The injured construction worker was accordingly reminded that he must act with care. However, whether the found cover of the inspection shaft can also cause this increased attention – or whether it basically "disappeared" from his view on the site – whether an additional warning tape should have been installed, I do not know; but I suspect it should have been.

First of all, from my point of view, it is understandable that the accident insurance (BU) asks you to secure the inspection shaft; maybe comparable thoughts are driving them....

Despite all the annoyance, you should try to keep your emotions under control. Non-expert interpretations do not create clarity, but what is written in black and white in regulations or laws. If things go badly, a judge in court.

Rhenish greetings