Responsibilities of Construction Supervisors Regarding Work Accidents on a Construction Site - A Personal Opinion Column by Mr. Asher Asban
Jul 24, 2018
Opinion Column / Mr. Asher Assban
I will not address this topic from an insurance or legal perspective, as there are many who are far more qualified than I in those areas. My focus here will be tactical only.
As a general rule, insurance is intended to protect the policyholder, but it should also be remembered that, by nature, when an insurance event occurs, the handling by the insurance company involves several stages:
Examining whether the client and the claim meet the procedural coverage requirements (payment status, overages, failure to meet minor conditions, verification of authority, etc.). I will note that when the insurance contract is initially signed, insurers rarely request supporting documentation and usually rely on the data provided to them in the proposal form.
Determining who can be included in the claim, such as in recourse claims or third-party notices. The problem is that sometimes this step conflicts with the interests of the insured.
Deploying investigators, who may at times have the goal of assisting the insurer in avoiding coverage—even if, in the end, the insurer itself may be harmed.
Personal opinion column / Mr. Asher Asban
I will not address the issue from an insurance/legal perspective because there are many better people here than me on the subject.
My comment will be on a tactical level only.
As a general rule, insurance is designed to protect those who purchase an insurance policy, but at the same time, it should be remembered that, naturally, when an insured event occurs, the insurance company's handling includes several steps:
Checking whether the client and the case meet the coverage conditions from a procedural point of view (payment, deviation, failure to meet minor requirements, checking authority, etc.). I should note that when concluding an insurance contract, insurers do not insist on receiving references and usually rely on the data as presented to them in the proposal form.
Checking who can be added to the pool as part of subrogation claims or third-party notices. The problem is that sometimes this type of step goes against the interests of the insured.
Activating investigators, who may sometimes aim to assist the insurer so that it can waive insurance coverage – even if at the end of the day the insurer itself is harmed.
Huge risks
In this situation, the insured often faces enormous risks that can (as I have witnessed in practice) change the entire course of his life, such as:
Filing a criminal indictment (up to a charge of manslaughter/causing death) against the insured
Tort/financial claim.
A claim for compensation from another involved party, such as the National Insurance Institute.
All this, while taking advantage of the fact that the insured, who in most cases is unaware of the subtle nuances of the process, does not know how to behave and does not even know how to identify who is "against" him and who is "for him."
In this sensitive situation, insurance companies naturally act to maximize their protection, but this may harm the insured himself.
In addition to the insurance companies, I cannot help but mention the plaintiff's lawyers - who are not necessarily knowledgeable in the fields of safety, construction, and insurance - and who file tort claims while involving various professionals (supervisors, project managers, various consultants, etc.), who often have no connection to the accident.
This is where the inspector, who is embroiled in the lawsuit, finds himself in a professional legal storm that he has no idea how to defend himself from.
Often, we understand (already in the early stages of the incident) that there is a clear conflict of interest between the insurance company (which wants to minimize financial damage) and the inspector - mainly on the criminal issue from his perspective.
Sometimes, for various reasons, the insurance company does not protect the inspector in the matter of damages, leaving him exposed without protection in the criminal field as well - thereby deepening his criminal entanglement.
A smart inspector must purchase professional liability insurance from a professional, skilled insurance agent who has status with the insurance company.
In such situations, the insured often faces enormous risks that can, as I have observed in practice, completely change the course of their life, such as:
The filing of a criminal indictment (up to charges of manslaughter / causing death) against the insured.
A civil or financial lawsuit.
A recourse claim by another involved party, such as the National Insurance Institute.
All of this occurs while taking advantage of the fact that the insured, who in most cases is unaware of the subtle nuances of the process, does not know how to act and may not even be able to identify who is “against” them and who is “supporting” them.
In this sensitive situation, insurance companies naturally act to maximize their own protection, but this can sometimes harm the insured.
Beyond insurance companies, I must also mention the plaintiff’s attorneys, who are not necessarily knowledgeable in the fields of safety, construction, and insurance, and who file civil claims while bringing in various professionals (supervisors, project managers, consultants, etc.)—many of whom have no actual connection to the accident.
This is precisely the point at which a supervisor, dragged into the lawsuit, finds themselves in a legal and professional storm with no idea how to defend against it.
Very often, we understand—sometimes from the very early stages of the incident—that there is a clear conflict of interest between the insurance company (which seeks to minimize financial loss) and the supervisor—especially regarding criminal liability from their perspective.At times, for various reasons, the insurance company does not defend the supervisor in the civil claim, leaving them unprotected even in the criminal context, thereby deepening their legal exposure.
A wise supervisor must secure professional liability insurance through a skilled and reputable insurance broker who has status with the insurance company.
The insurance agent must serve the interests of the insured (both tortious and criminal) and sometimes maneuver between the conflicting interests of the insurance company and the supervisor.
I encounter many cases in which the unprofessional conduct of insurance company representatives and/or agent representatives causes a vicious cycle from which everyone ends up losing, at the end of the process.
A supervisor who is able to purchase an insurance policy from a professional and experienced insurance agent, whose area of expertise is professional liability policies in the construction field, with an insurance company that specializes in this, and with appropriate and broad coverage terms - can be confident in the agent's ability to take control of the event from the very beginning.
The professional insurance agent will activate professionals (insurance experts, legal experts, and insurance event investigation experts) from the very first second of the event.
The above experts will provide the insured and the insurance agent with the true picture according to which the insurance agent will act both towards the insured and towards the insurance company.
A professional insurance agent will know how to act so that the handling of the event is synchronized between all the process gears operating in the event, on behalf of all the various parties involved, without any hiccups or compromises.
From decades of experience in the field and close familiarity with the subject, I have often discovered that expertise and experience in the field have extraordinary added value, on a given day!
The insurance agent must enter the picture, from the very first second of the event.
It should be noted that my familiarity and experience in the field stem from handling events on behalf of all possible parties involved, both as plaintiffs and defendants, such as:
1. Private plaintiffs injured in accidents
2. Building contractors
3. Insurance companies
4. Inspectors, engineers, architects, constructors, consultants, etc.
5. Police, prosecutor's office, defense attorney, the National Insurance Institute, and the like.
Best regards,
Asher Asban
"Standard Projects" - "Mia Technologies"
Phone: 04-8760188
Mobile: 0545388671
Important to note
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