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Workers’ Comp Around the World

Workers’ Comp Around the World. Or I’m glad to be in America. Tim East The Walt Disney Company WCCP Conference Hammock Beach Resort, Florida June 8, 2010. Workers’ Comp Around the World. American state-specific systems are fairly unique

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Workers’ Comp Around the World

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  1. Workers’ CompAround the World Or I’m glad to be in America Tim East The Walt Disney Company WCCP Conference Hammock Beach Resort, Florida June 8, 2010

  2. Workers’ Comp Around the World • American state-specific systems are fairly unique • Diversity and variation are significant even in neighboring countries • At the same time, there are some remarkable consistencies in worker’s compensation

  3. Workers’ Comp Around the World But in some ways things are very difference outside the United States…

  4. Outside the United States…

  5. Workers’ Comp Around the World Yet on the serious side, we have a lot to be thankful for…and careful if and when our organization expands overseas…

  6. Scale of Accidental Injury Overseas • 188 Workers Killed • 469 Injured • 40 minutes before first response arrived

  7. Kadar Toy Factory Fire • 188 Workers Killed • 469 Injured • 40 minutes before first response arrived

  8. Fallout of the Tragedy

  9. Introduced to International Claims Management Hong Kong Disneyland

  10. Hong Kong Disneyland - 1999

  11. Unique Exposures

  12. Finding HKDL by Car

  13. Arriving by Train

  14. The City of Hong Kong

  15. Workers’ Comp Around the World Hong Kong Claims Team

  16. Hong Kong • Run by the HKSARG • One country…two systems • Strong judicial and legal system • No exclusive remedy…injured workers may pursue a civil claim • No contingency fees…limits civil claims! • Some unique challenges…

  17. Bamboo Scaffolding

  18. Unique Safety Equipment

  19. Subrosa is very difficult

  20. Management Responsible to Maintain Good Fortune

  21. Opening Day September 2005

  22. Workers’ Comp Around the World One thing I learned: Understanding cultural issues is critical!

  23. Cultural Differences Cultural misteps or offenses can derail a project or risk management program

  24. Singapore

  25. Singapore • Subject to Workmen's Compensation Act • Compulsory employer and employee contributions to the Central Provident Fund (Pension) and Medisave (Medical Plan) • Covers “blue collar” and “white collar” except white collar earning more than US$1,000 per month • All others have recourse to common law • Settlement strategy is easy….

  26. Singapore Maximum value in SGD: • $111,000 (about $73,000 US) • $111,000 • $111,000 • $111,000 • $111,000

  27. China An emerging system

  28. The “Ordinance on Occupational Injury Insurance” effected January 2004 • Requires local authorities to establish worker’s compensation funds • Scheme for employer contributions of .5 to 3% based on industry, “company” and location to a “provident fund” • Just starting to be put in practice in major cities

  29. Chinese PD Schedule

  30. Foreign nationals are not covered; insurance should be secured from home country • Most companies buy Employer’s Liability coverage coordinated with group accident policies • Provides 24-hour coverage for their employees at a modest cost • Most claims: $120 - $1,200 • Most severe death claim: $120,000

  31. The UK • Basic government scheme covers all workers • Employees working abroad are not included… • Injured workers may still sue their employers under common law

  32. Claims Environment • Significant source of claims for Disneyland Paris • Solicitation of claimants may be a factor

  33. The “Compensation Calculator”

  34. Germany Ein offerzung un zippen squatten • The Rechtsverordnung requires compensation for work related accidents and some occupational diseases • Employer contributions based on type of business and prior claims experience • Funds sent to local agencies that administer the Social Security Scheme • The “Berufsgenossenschaften” • OSHA? Try the “German Federation of Institutions for Statutory Accident Insurance and Prevention”, or, • Hauptverband der gewerblichen Berufsgenossenschaften German Workers’ Comp Attorneys settle claims at the local Board

  35. Mexico The Philippines Norway Saudi Arabia (funded by 2% of wages) France (no right to sue) Canada (government monopoly) Bulgaria (allowed to sue) Brazil Austria Turkey Russia Common Approaches A Government scheme attached to social security, and often the social medical system

  36. Common Approaches Private insurance allowed but regulated: • Belgium • India • United States Government insurance company or fund: • Ukraine • South Africa • Puerto Rico (employee has option to sue)

  37. Common Approaches Around the world: • Medical care is ranges from very good to very poor • Civil litigation is very common where allowed • Claim values are much lower regardless • In countries with private systems, claims management makes a big difference • All employers should secure a “Foreign Voluntary Worker’s Compensation” policy if employees travel overseas • Claims professionals speak the same language…about the same problems!

  38. International Claim Challenges • Who is eligible for benefits? • Who to pay them? • How to resolve small claims? • Valuation of the loss • Judicial systems and “venue shopping” • Local customs and traditions…

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