work placement the insurance perspective. duty of care insurances in play legal liability scenario...

Work Placement The Insurance Perspective

Duty of Care

Insurances in play

Legal Liability Scenario

Missing parts/Out of Scope

Preparations

The Insurance Perspective Agenda

The University AND the host Employer owe a duty of care to the student.

To prevent injury/loss nor cause injury/loss.

Essential to prepare appropriate Risk Assessments in advance.

The Insurance PerspectiveDuty of Care (1)

Essential to verify that appropriate insurance cover is in place.

Bodily Injury Events

Property Loss or Damage Events

Medical Expenses

Repatriation Costs

Loss of Documents

Other ‘Sensitive’ risks (K&R/Terrorism)

The Insurance PerspectiveDuty of Care (2)

Employers Liability (EL)

Wide definition of ‘Employee’.

Regardless of payment – they are under a contract of employment.

Only covers injury from work activities.

‘Legal Liability’ basis only – no benefits.

Standard limit in Ireland is €13m incl costs.

The Insurance PerspectiveInsurances in Play

Public Liability (PL)

Student is defined as an ‘Employee’ for the purposes of insurance.

Loss of or damage to the Students personal property (clothing/personal effects only).

As EL insurance – cover is on a Legal Liability basis.

Standard limit in Ireland is €6.5m plus costs.

The Insurance PerspectiveInsurances in Play

Travel Insurance (1)

Who arranges it... but an absolute must!

Watch out for restrictions on the period of time abroad.

Watch out for restrictions on ‘activities’.

Personal Legal Liability is normally covered up to €2m.

Medical Expenses – especially in the USA!

The Insurance PerspectiveInsurances in Play

Travel Insurance (2)

Repatriation costs are an essential.

Personal Accident Benefits.

Loss of Luggage, cameras, personal effects.

Other costs, such as loss of passports, documents.

24 hour helplines.

The Insurance PerspectiveInsurances in Play

European Health Insurance Card (EHIC/E111)

Access to the public healthcare system in EU/EEA and Switzerland.

It’s free!

Extent of cover varies and few countries pay the full cost. Think Ireland!

Repatriation costs are not covered.

Alternative travel and accommodation costs are not covered.

The Insurance PerspectiveInsurances in Play

‘Sensitive’ Risks

• Kidnap & Ransom – it happens!

• Terrorism Events.

Professional Indemnity (Entity Level)

Administrative Negligence.

Failure to properly assess.

Legal Liability basis.

The Insurance PerspectiveInsurances in Play

The ‘Employer’ has the primary legal obligation for the health and safety of your students.

You still retain a vicarious liability.

Resist/reject attempts to include ‘Hold Harmless’ clauses into employment contract conditions.

Seek (in certain circumstances) to have the University endorsed as a Joint Insured to the Employers’ EL and PL policies.

The Insurance PerspectiveLegal Liability Scenario

Student societies and their wide ranging events/activities.

Visiting lecturers – payroll of the university, ergo ‘Employee’ of the university.

Own insurances?

The Insurance PerspectiveMissing Parts/Out of Scope

Understand the specifics of the host country as regards major legal/cultural issues.

Understand the specifics of the Employer’s contract and that THEY have appropriate insurance in place.

Request confirmation from the Employer that they have assessed the risks presented by the work placement.

Document discussions/obtain written confirmation.

The Insurance PerspectivePreparations (1)

Understand the scope of your own insurances.

Encourage/facilitate/mandate that the student arrange comprehensive and valid travel insurance.

Advise the student on the risks ahead of them, the need to be vigilant and to respect the work ethic/practices of the Employer. Document the communication.

Encourage them to communicate perceived issues or problems and let them know you are available to listen and assist as neccessary. Outline and document the communication process.

The Insurance PerspectivePreparations (2)

Thank You!

The Insurance Perspective...