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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 - PowerPoint PPT Presentation
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Workers Comp Around the World
Workers CompAround the WorldOrIm glad to be in America
Tim EastThe Walt Disney Company
WCCP ConferenceHammock Beach Resort, FloridaJune 8, 2010
Workers Comp Around the WorldAmerican state-specific systems are fairly uniqueDiversity and variation are significant even in neighboring countriesAt the same time, there are some remarkable consistencies in workers compensationWorkers Comp Around the WorldBut in some ways things are very difference outside the United StatesOutside the United States
Workers Comp Around the WorldYet on the serious side, we have a lot to be thankful forand careful if and when our organization expands overseasScale of Accidental Injury Overseas188 Workers Killed469 Injured40 minutes before first response arrived
Kadar Toy Factory Fire188 Workers Killed469 Injured40 minutes before first response arrived
Fallout of the Tragedy
Introduced to International Claims ManagementHong Kong Disneyland
Hong Kong Disneyland - 1999
16Depreciation FY02: $648, FY03: $689Unique Exposures
Finding HKDL by Car
Arriving by Train
The City of Hong Kong
Workers Comp Around the World
Hong Kong Claims TeamHong KongRun by the HKSARGOne countrytwo systemsStrong judicial and legal systemNo exclusive remedyinjured workers may pursue a civil claimNo contingency feeslimits civil claims!Some unique challengesBamboo Scaffolding
Unique Safety Equipment
Subrosa is very difficult
Management Responsible to Maintain Good Fortune
Opening DaySeptember 2005
Workers Comp Around the WorldOne thing I learned: Understanding cultural issues is critical!Cultural DifferencesCultural misteps or offenses can derail a project or risk management program
Singapore
SingaporeSubject to Workmen's Compensation ActCompulsory 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 monthAll others have recourse to common lawSettlement strategy is easy. SingaporeMaximum value in SGD:$111,000 (about $73,000 US)$111,000$111,000$111,000$111,000
China
An emerging system
The Ordinance on Occupational Injury Insurance effected January 2004Requires local authorities to establish workers compensation fundsScheme for employer contributions of .5 to 3% based on industry, company and location to a provident fundJust starting to be put in practice in major cities
Chinese PD Schedule
Foreign nationals are not covered; insurance should be secured from home countryMost companies buy Employers Liability coverage coordinated with group accident policiesProvides 24-hour coverage for their employees at a modest costMost claims: $120 - $1,200Most severe death claim: $120,000The UKBasic government scheme covers all workersEmployees working abroad are not includedInjured workers may still sue their employers under common law Claims EnvironmentSignificant source of claims for Disneyland ParisSolicitation of claimants may be a factor
The Compensation Calculator
GermanyThe Rechtsverordnung requires compensation for work related accidents and some occupational diseases Employer contributions based on type of business and prior claims experienceFunds sent to local agencies that administer the Social Security SchemeThe BerufsgenossenschaftenOSHA? 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 BoardEin offerzung un zippen squattenCommon ApproachesMexicoThe PhilippinesNorwaySaudi Arabia (funded by 2% of wages)France (no right to sue)Canada (government monopoly)Bulgaria (allowed to sue)BrazilAustriaTurkeyRussia
A Government scheme attached to social security, and often the social medical systemCommon ApproachesPrivate insurance allowed but regulated:BelgiumIndiaUnited States
Government insurance company or fund:UkraineSouth AfricaPuerto Rico (employee has option to sue)
Common ApproachesAround the world: Medical care is ranges from very good to very poorCivil 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 Workers Compensation policy if employees travel overseas Claims professionals speak the same languageabout the same problems!International Claim ChallengesWho is eligible for benefits?Who to pay them?How to resolve small claims?Valuation of the lossJudicial systems and venue shoppingLocal customs and traditions
Judicial SystemsU.S.A.
Jury System
Make the Best Argument
Testimony
Contingency FeesForeign Jurisdictions
Judges
Documentary Evidence
Find Truth
Loser Pays
Claim PaymentsU.S.A.
Economic Loss
Non-economic Awards
Punitive Damages
Runaway Verdict PossibleForeign Jurisdictions
Economic Loss
Subject to Schedules
Not Likely
Costs Awarded by Judge
Summing it Up
The Global Claims ManagerSumming it UpGo early and learn from othersSelect a strong local advisor/brokerEstablish and build relationships firstBe prepared to provide more submission details and informationEstablish loss prevention expectations earlyVisit in person as often as possibleDont underestimate cultural issues
Summing it Up
The Global Claims Manager