Should Overseas Virtual Assistants Be Included in a Workers Comp Policy?

Q: A Missouri-based commercial lines client uses virtual assistants in the Philippines. Does the virtual assistants’ wages need to be added to the company’s workers compensation policy?
Response 1: Are these virtual assistants employees of the insured or are they employees of a third party with which the insured contracts?
A separate international policy should be written if the insured has employees in other countries, and the payroll should be reported under that policy. There are also liability and possibly property exposures when a business has overseas employees. An international package can be written to provide general liability, auto liability, employers liability, property and other coverages.

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Response 2: The workers comp policy applies to employees in Missouri, as stated in the policy’s information pages. The Philippines is a foreign country and cannot be listed in the extension of the information page.
There is nothing in the policy that indicates there is foreign voluntary workers comp coverage. If that coverage is desired, it would need to be done separately from the Missouri forms.
Response 3: To understand your client’s obligations to people working in another country, we’d need to know the exact nature of the relationship, which is probably spelled out in a contract, as well as exactly what these people do and where they do it. An ordinary workers comp policy would probably not respond to a claim for injury to an employee in a foreign country, assuming the person is an employee.
An attorney needs to analyze the documents that spell out the relationship and determine what obligations are due the workers there. There is workers comp legislation in the Philippines that may inform that decision.
What Do the Experts Think?
This question was originally submitted by an agent through the Big “I” Virtual University’s (VU) Ask an Expert service, with responses curated from multiple VU faculty members. Answers to other coverage questions are available on the VU website. If you need help accessing the website, request login information.
This article is intended for general informational purposes only, and any opinions expressed are solely those of the author(s). The article is provided “as is” with no warranties or representations of any kind, and any liability is disclaimed that is in any way connected to reliance on or use of the information contained therein. The article is not intended to constitute and should not be considered legal or other professional advice, nor shall it serve as a substitute for obtaining such advice. If specific expert advice is required or desired, the services of an appropriate, competent professional, such as an attorney or accountant, should be sought.









