Discussion of foreign country exposures and how coverage is provided.
The standard WC policy does provide limited coverage for some foreign (international) exposures. It first provides whatever extra territorial coverage that is mandated by the state workers compensation laws for states listed in item 3.A of the policy information page. For Indiana, IC 22-3-2-20 provides that the coverage applies whether an injury “occurs within the state or some other state or in a foreign country.” However, Indiana’s workers compensation act does not mention temporary or permanent conditions.
The Indiana Code is available on the State of Indiana website.
The standard policy additionally provides employers liability coverage (item 3.B of the information page) for employee injury sustained while temporarily outside of the country for citizens or residents of the US or Canada.
If the insured has a foreign location with non-citizen, non-resident employees, or US citizens permanently assigned there, or US citizens not there in connection with work from a state listed in item 3.A, the standard policy does not apply.
Coverage for foreign exposures therefore requires special endorsement. The NCCI Forms Manual of Workers Compensation and Employers Liability Insurance does not provide a standard or advisory endorsement for foreign voluntary coverage, repatriation expense and endemic disease coverage. Carriers therefore must develop and file their own foreign coverage endorsements and premium charges.