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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.

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Presentation on theme: "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."— Presentation transcript:

1 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

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…

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11 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…

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

13 Kadar Toy Factory Fire 188 Workers Killed 469 Injured 40 minutes before first response arrived

14 Fallout of the Tragedy

15 Introduced to International Claims Management Hong Kong Disneyland

16 Hong Kong Disneyland

17 Unique Exposures

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19 Finding HKDL by Car

20 Arriving by Train

21 The City of Hong Kong

22 Workers’ Comp Around the World Hong Kong Claims Team

23 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…

24 Bamboo Scaffolding

25 Unique Safety Equipment

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27 Subrosa is very difficult

28 Management Responsible to Maintain Good Fortune

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31 Opening Day September 2005

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

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

34 Singapore

35 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….

36 Singapore Maximum value in SGD: $111,000 (about $73,000 US) $111,000

37 China An emerging system

38 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

39 Chinese PD Schedule

40 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

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

42 Claims Environment Significant source of claims for Disneyland Paris Solicitation of claimants may be a factor

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44 The “Compensation Calculator”

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46 Germany 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 Ein offerzung un zippen squatten

47 Common Approaches –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 A Government scheme attached to social security, and often the social medical system

48 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)

49 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!

50 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…

51 Judicial Systems U.S.A. Jury System “Make the Best Argument” Testimony Contingency Fees Foreign Jurisdictions Judges “Documentary Evidence” “Find Truth” Loser Pays

52 Claim Payments U.S.A. Economic Loss Non-economic Awards Punitive Damages Runaway Verdict Possible Foreign Jurisdictions Economic Loss Subject to Schedules Not Likely Costs Awarded by Judge

53 Summing it Up The Global Claims Manager

54 Summing it Up 1.Go early and learn from others 2.Select a strong local advisor/broker 3.Establish and build relationships first 4.Be prepared to provide more submission details and information 5.Establish loss prevention expectations early 6.Visit in person as often as possible 7.Don’t underestimate cultural issues

55 Summing it Up The Global Claims Manager


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