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Answers To Workers Compensation Questions – Outside US

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Answers To Workers Compensation Questions

The answers to workers compensation questions below are from this Cutcompcosts article from last week.   The theme is Workers Compensation Outside the US.   Follow the link to the original article for the questions.  Thanks.   The pic has nothing to do with WC.   I just liked it. The pic is from a local animal rescue conservatory that I visit often- that is the famous Arthur the Tiger.

Picture Of White Tiger Workers Compensation Questions Arthur The Tiger
Wikimedia Commons – ConservatorsCenter:
  1. Yes, China does have a Workers Compensation system.  The system is a monopolistic system as it is administered by the central government.  It is similar to our Social Security Disability system.  The benefit calculations are more complicated than the US.   The treating medical system seems to have an element of corruption throughout.
  2. The coverage is called USL&H (United States Longshore and Harbor Workers Act)  There are a different set of rules for this coverage.  In fact, the US Department of Labor has a complete chapter (Chapter 18) devoted to this coverage.  The states cannot modify the Federal Act.  The states, however, may have their own maritime WC laws on a state level.  Interestingly, certain employees have the choice of filing under the State Act, Federal Act, or in California, under both. 

    Conference of Workers Compensation Questions Group of business people
    StockUnlimited
  3. The Jones Act is very important to claims adjusters, underwriters,  and agents.  Inland navigable waters can be a river, lake, or other bodies of water.  Some Workers Comp agreements and policies may exclude this coverage.  The Jones Act is federal legislation that protects American workers injured at sea.  There is much confusion over where. Also referred to as the Merchant Marine Act of 1920, this law allows qualifying sailors who have been involved in accidents or become sick while performing their duties to recover compensation from their employers.  Pursuant to the act, negligence claims can be brought when an injury results from the careless acts of an employer or coworker. Ship owners can also be liable if an accident is caused by the unsafe condition of their vessel. And no matter how or why a sailor was injured, certain medical and living expenses must be paid.
  4.  The Defense Base Act (DBA) is a different set of Workers Comp rules/laws for persons in any branch of the Armed Forces while on base and certain subcontractors.   As the DBA can be complicated follow this link to a Cutcompcosts article on the DBA.

    Small Man Workers Compensation Questions Standing On Big Hand
    StockUnlimited
  5. Employers do not necessarily have to buy Foreign Voluntary Workers Compensation coverage.  However, it may be a good idea and will lower your WC risk as an employee that is injured in a far off venue may have basic coverage provided by their home state.   There are many complexities to an international WC claim that are not foreseen by local WC rules.  A few years ago,  J&L assisted an employer that had an injured employee in an island country.  The claims process became very messy as there was no voluntary coverage.
  6. No, Workers Compensation actually started by ancient Sumerians.  They even had Permanent Partial Disability payments (PPD)!  These laws were found on ancient tablets.   This predates the Wisconsin WC systems by thousands of years!
  7. Does NCCI, WCIRB, and the other rate bureaus have special rates for foreign workers or countries? Bonus – Google
  8. Do any countries provide 24-hour healthcare including WC for their citizens? Bonus – Google

On the last two answers to workers compensation questions, those I have left for you to explore.  Google them and analyze the results.   If you still cannot find the answers, drop me a note to [email protected]

I was going to finish the last two.  The article is longer than the concise articles I like to write in this blog.

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James Moore

Raleigh, NC, United States

About The Author...

James founded a Workers’ Compensation consulting firm, J&L Risk Mgmt Consultants, Inc. in 1996. J&L’s mission is to reduce our clients’ Workers Compensation premiums by using time-tested techniques. J&L’s claims, premium, reserve and Experience Mod reviews have saved employers over $9.8 million in earned premiums over the last three years. J&L has saved numerous companies from bankruptcy proceedings as a result of insurance overpayments.

James has over 27 years of experience in insurance claims, audit, and underwriting, specializing in Workers’ Compensation. He has supervised, and managed the administration of Workers’ Compensation claims, and underwriting in over 45 states. His professional experience includes being the Director of Risk Management for the North Carolina School Boards Association. He created a very successful Workers’ Compensation Injury Rehabilitation Unit for school personnel.

James’s educational background, which centered on computer technology, culminated in earning a Masters of Business Administration (MBA); an Associate in Claims designation (AIC); and an Associate in Risk Management designation (ARM). He is a Chartered Financial Consultant (ChFC) and a licensed financial advisor. The NC Department of Insurance has certified him as an insurance instructor. He also possesses a Bachelors’ Degree in Actuarial Science.

LexisNexis has twice recognized his blog as one of the Top 25 Blogs on Workers’ Compensation. J&L has been listed in AM Best’s Preferred Providers Directory for Insurance Experts – Workers Compensation for over eight years. He recently won the prestigious Baucom Shine Lifetime Achievement Award for his volunteer contributions to the area of risk management and safety. James was recently named as an instructor for the prestigious Insurance Academy.

James is on the Board of Directors and Treasurer of the North Carolina Mid-State Safety Council. He has published two manuals on Workers’ Compensation and three different claims processing manuals. He has also written and has been quoted in numerous articles on reducing Workers’ Compensation costs for public and private employers. James publishes a weekly newsletter with 7,000 readers.

He currently possess press credentials and am invited to various national Workers Compensation conferences as a reporter.

James’s articles or interviews on Workers’ Compensation have appeared in the following publications or websites:

  • Risk and Insurance Management Society (RIMS)
  • Entrepreneur Magazine
  • Bloomberg Business News
  • WorkCompCentral.com
  • Claims Magazine
  • Risk & Insurance Magazine
  • Insurance Journal
  • Workers Compensation.com
  • LinkedIn, Twitter, Facebook and other social media sites
  • Various trade publications

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