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Understanding Insurance Coverage for Traveling Employees

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BOSTON—The odds of dying in a terrorist attack: 1 in 9.3 million. The odds of getting sick while traveling: 1 in 2. But both should concern companies sending their employees around the world for business, panelists Kathleen Ellis of CNA International, Erin Wilk of Facebook and Andrew Miller of International SOS said at a RIMS 2019 panel titled “Is Insurance Enough When Employees Travel?”

The answer to this question, the panel agreed, was emphatically “no.” But, as Ellis and Wilk noted, insurance coverage is an important part of the equation for many of the biggest things that do go wrong. Even though the risk of catastrophic incident is minor compared to seemingly mundane travel concerns like weather and petty theft, companies should still prepare for the worst in advance.

This is true whether employees are going to common destinations within the United States traditionally thought of as safe or to less familiar places. It is also true, Wilk said, whether the employee is an experienced traveler (who can be over-confident) or a novice (who can over-prepare and miss warning signs around them).

The panelists repeatedly stressed that companies should approach travel risk with protecting employees as their priority. Not only do companies have a “duty of care” (a legal responsibility to mitigate the risks traveling employees face), but they also need to be cognizant of the “standard of care” and “duty of loyalty.” Standard of care is the industry standard for employees’ travel risk protection, and companies’ obligation to meet that standard. Duty of loyalty is the employees’ responsibility to abide by the safety measures the company has put in place. As recently discussed in Risk Management, this is largely on the employee, but the panel noted that employers also have a critical role to play in creating a culture that enables and encourages their people to take the necessary steps to protect themselves while traveling. As Wilk said, “Policy is a piece of paper. Employee practice is what actually matters.”

When it comes to insurance, companies should make sure they are covered, but not over-covered. For example, Miller discussed cases in which companies’ benefits, HR and legal department have all purchased travel coverage without communicating their purchases to the other departments. Businesses may also be unfamiliar with the coverage they have and pay to remediate travel problems themselves when their insurance policies would actually cover those issues.

Key insurance options include:

  • Foreign voluntary workers compensation, which covers workers traveling on business in a way similar to traditional workers’ comp, paying for disease, or repatriation or evacuation
  • Business travel accidental death and dismemberment coverage, which works like life insurance and covers both work-related and non-work-related incidents, and is an option for covering employees’ spouses and dependents
  • Kidnap and ransom coverage, which provides pre-trip support, crisis management services during an incident, and reimburses for ransoms paid for kidnapping extortion, wrongful detention and hijacking
  • Expatriate medical, which is an option for employees who are traveling long-term, and
  • Defense base act coverage, which handles government contractors overseas at embassies and military bases

The panelists also emphasized that travel risk not only endangers employees’ well-being, but also the company’s bottom line. If an employee gets sick while traveling for business, for example, the company’s investment in the trip can be wasted. Additionally, traveling employees who feel unsafe or unprepared for the risks they are facing feel less loyal to their company, and can also be distracted, potentially derailing the important business they are traveling to conduct. The panel urged that pre-trip training and a thorough understanding of the company’s existing coverage are the best ways to mitigate these risks and help employees succeed when traveling for work.

2017 Workplace Fatality Statistics Released

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According to the Bureau of Labor Statistics’ (BLS) Census of Fatal Occupational Injuries in 2017, a total of 5,147 fatal work injuries were recorded in the United States. And while this data marks 43 fewer casualties than in 2016, employers should note that it is still an increase of more than 300 in both 2014 and 2015.

The continued high rate was fueled by the frequency of transportation incidents (2,077) and 887 fatal falls, which marked their highest level in the 26-year history of the census.

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Another key finding involved overdoses of drugs and alcohol while at work.

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Unintentional overdoses due to nonmedical substances while at work increased 25% from 217 in 2016 to 272 in 2017. The BLS noted that this was the fifth straight year in which unintentional workplace overdose deaths have increased by at least 25%.

The National Safety Council (NSC) released a statement in reaction to the BLS data, saying that it was “disheartened to see a small rise in unintentional, preventable worker fatalities.” The NSC’s statement continued:

“Once again, the data clearly show we are not doing enough to mitigate the risks of these everyday killers. At work, leadership should set the tone and engage all employees in safety, identifying hazards and measuring safety performance using leading indicators to ensure continuous improvement.”

Additionally, the BLS found:

  • Contact with objects and equipment incidents were down 9 percent (695 in 2017 from 761 in 2016) with caught in running equipment or machinery deaths down 26 percent (76 in 2017 from 103 in 2016).
  • Fatal occupational injuries involving confined spaces rose 15 percent to 166 in 2017 from 144 in 2016.
  • Crane-related workplace fatalities fell to their lowest level ever recorded in by the census, 33 deaths in 2017.

Clearly, the fatality rate of some occupations remains alarmingly high. Below are the 10 most dangerous jobs in America for 2017, according to the BLS and the fatal work injury rate (per 100,000 workers).

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The Business Impact of the Supreme Court’s Travel Ban Decision

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In one of its most anticipated cases in decades, the U.

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S. Supreme Court on June 26 upheld President Trump’s latest “travel ban,” delivering a key win to the Trump administration and one of its strict immigration enforcement stances. The Court concluded the president’s executive order—which largely targeted individuals from predominately Muslim countries—did not violate the Constitution’s Establishment Clause by favoring one religion over another, ruling that the order was a lawful exercise of the authority granted to the president by Congress.

The Supreme Court’s action now permits immediate enforcement of one of the president’s signature immigration policies that began in January 2017 and included repeated trips to the federal judiciary. Employers with workers from the affected countries—Iran, Libya, Syria, Yemen, Somalia, North Korea and Venezuela—now need to ensure proper protocols are put into place to spare employees from unnecessary risk and to preserve smooth business operations.

Given that the travel ban can be enforced immediately, employers should:

  • Identify employees who are nationals of banned countries. The effect of the ban differs between the seven countries, so consult immigration counsel to be sure you understand how the ban applies to the country of origin for your employees.
  • Instruct any affected employees who are abroad and have not previously been affected by the prior travel bans to return immediately.
  • Caution workers from the affected countries not to travel outside the United States.
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    While the underlying litigation surrounding the travel ban will continue in the lower courts, assume the ban will be in effect for the foreseeable future.

  • Tell foreign national employees to carry originals or clear copies of legal authorization to be in the U.
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    S. at all times and to consult with an immigration attorney before signing any paperwork presented by the Department of Homeland Security or the Department of State.

  • Instruct employees to cooperate and present evidence of their U.S. immigration documentation and legal status if they are stopped by an Immigration and Customs Enforcement agent.
  • Advise employees that if their temporary work visas are expiring, they should take immediate steps to extend those visas.
  • Consider whether to sponsor employees who are here on soon-to-expire temporary work visas for permanent residency, if they are eligible.

Limit Heart Attack Likelihood with Safe Snow Shoveling

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With the northeast hammered by its fourth major snowstorm this month, businesses and property owners in many areas are digging out, breaking out the salt pellets and shovels (just when they were hoping to stash them for the next eight months).

The risk of myocardial infarction rises during snowstorms, especially for someone who is not already physically active. According to the Nationwide Children’s Hospital, snow shoveling leads to about 100 deaths and 11,500 injuries and medical emergencies each year. That is why, to be safe, you and your maintenance worker, or team, should consider some hazards before a dig-out and clearing.

The biomechanics of shoveling are unlike general cardiovascular exercise. In contrast to running or walking, shoveling puts much more stress put on the upper body, as Popular Science noted:

Each time you thrust the snow, the arms rise high, increasing blood pressure further. In addition, you typically perform the Valsalva maneuver: a natural tendency to generate lots of chest pressure without exhaling breathing out (like tennis players do when they hit a ball, or when you push hard against something). This further increases blood pressure.

The American Heart Association (AHA) warns that the potentially lethal combination of intense physical exertion paired with the cold temperatures increases the heart’s workload to sometimes dangerous levels. Some of the AHA’s tips for an incident-free shovel session include frequent breaks, avoiding alcohol and large meals before and after shoveling. The AHA also recommends that you:

  • Use a small shovel or a snow thrower. The act of lifting heavy snow can raise blood pressure during the lift. It is safer to lift smaller amounts. When possible, simply push the snow.
  • Learn the heart attack warning signs and listen to your body. Even if you’re not sure it’s a heart attack, have it checked out. Carry your cellphone in your pocket and call 911 immediately if you experience any signs of a heart attack.
  • Be aware of the dangers of hypothermia. Heart failure causes most deaths in hypothermia. To prevent hypothermia, dress in layers of warm clothing, which traps air between layers forming a protective insulation. Wear a hat because much of the body’s heat can be lost through the head.

Snowy weather often means we don’t always get the nutrients we need from nature. We normally get our daily dose of vitamin D from the sun—which promotes calcium absorption in the stomach and is needed for bone growth and remodeling—but between grayer skies and our need to dress in layers, it may also be advisable to drink a glass of milk or take a supplement to get your dose. Accuweather also cited new research that “decreased exposure to sunlight may factor into the wintertime heart attack equation.”

As the air gets colder, people bundle up before spending time outdoors, leaving less skin to be exposed to the UV rays which aid in the body’s vitamin D production. A vitamin D deficit can accentuate the inflammation of the arteries.

The Snow & Ice Management Association (SIMA) recommends that you:

  • Take a few minutes to stretch. Shoveling snow is a workout so you need to stretch to warm up your muscles particularly because you are shoveling snow in the cold weather. Stretching before you start shoveling will help prevent injury and fatigue.
  • Push don’t lift. Sounds like something a high school wrestling coach may say but if you push the snow to the side rather than trying to lift the snow to remove it, you exert less energy thereby placing less stress on your body.
  • Drink up! Water that is. SIMA recommends taking frequent breaks and staying hydrated. You should drink water as if you were enduring a tough workout at the gym or running five miles.