1. Work Placement The Insurance Perspective

2. Duty of Care Insurances in play Legal Liability Scenario Missing parts/Out of Scope Preparations The Insurance Perspective Agenda

3. 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 Perspective Duty of Care (1)

4. 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 Perspective Duty of Care (2)

5. 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 Perspective Insurances in Play

6. 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 Perspective Insurances in Play

7. 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 Perspective Insurances in Play

8. 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 Perspective Insurances in Play

9. 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 Perspective Insurances in Play

10. ‘Sensitive’ Risks Kidnap & Ransom – it happens! Terrorism Events. Professional Indemnity (Entity Level) Administrative Negligence. Failure to properly assess. Legal Liability basis. The Insurance Perspective Insurances in Play

11. 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 Perspective Legal Liability Scenario

12. Student societies and their wide ranging events/activities. Visiting lecturers – payroll of the university, ergo ‘Employee’ of the university. Own insurances? The Insurance Perspective Missing Parts/Out of Scope

13. 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 Perspective Preparations (1)

14. 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 Perspective Preparations (2)

15. Thank You! The Insurance Perspective...