261 Gerrard St. East Toronto, ON M5A 2G1 P: F: Professional Liability Insurance for Personal Support Workers!

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1 261 Gerrard St. East Toronto, ON M5A 2G1 P: F: September 17, 2015 Professional Liability Insurance for Personal Support Workers! Dear Sister/Brother, This year we have partnered with the insurance brokerage LMS PROLINK to manage the Professional Liability Insurance program for PSW s who are members of CUPE. We urge you to protect their valuable careers and obtain an insurance policy with LMS PROLINK. It is important to protect their own career and to not relying solely on your employer s policy which is designed to protect your employer. One of the main benefits of obtaining your own professional liability insurance is for when a claim arises; you will be assigned your OWN legal counsel whose priority is to represent YOUR interests. Your employer s policy is designed to protect your employer. If you are named in a suit, you would not have to share legal resources with your employer when you maintained your own professional liability policy. PSW s are trusted with the lives of the people they support. Any mistake could result in injury or loss of life. This is why OCHU is eager to launch a new Professional Liability Program for Personal Support Workers (PSW) and Developmental Service Workers (DSW) who are members of CUPE. Coverage starts as early as October 15, HIGHLIGHTS INCLUDE: ü Members can obtain $1,000,000 in Professional Liability Protection for a total annual cost of $115+ tax. Higher Limits are also available up to $2,000,0000 ($150 + tax). All with no deductible! ü Complete online solutions Apply, pay and obtain your certificate of insurance in less than 5 minutes! ü Limited Coverage extended to PSW services rendered outside of your employment agreement with a hospital, long-term care facility, nursing home or retirement home.

2 ü ü Members do not have to pay fees to a separate PSW Association in order to access competitive group insurance rates! Limited coverage for reimbursement for lawyers fees incurred if PSW is successful for defence against criminal charges or claims of Abuse We urge you communicate this preliminary information to you fellow CUPE PSW Sisters and Brothers. Your support is crucial in the success of this insurance program. Please contact LMS PROLINK at ext if you have further questions. Yours in solidarity, Helen Fetterly, Secretary-Treasurer The Canadian Union of Public Employees (CUPE) has represented PSWs since The Ontario Council of Hospital Unions (OCHU) was established in 1982 to bring together CUPE hospital locals in a democratic structure with one major objective to bargain with participating hospitals on central issues. Today, the membership of the Ontario Council of Hospital Unions (OCHU) includes 30,000 CUPE hospital, long-term care, ambulance and central laundry workers in 120 bargaining units across Ontario.

3 PSW Professional Liability Insurance A Price Comparison Brought to you by: LMS PROLINK Ltd. There are many insurance brokers in Ontario that can provide Professional Liability quotes for PSW s. The most cost effective quotes would come from a group plan from an Association or Union. We understand that any extra cost to practice as a PSW can be an issue for CUPE members. The cost to protect you as a PSW is basically less than $2.50 per week. To make sure the cost of $115 per year is competitive we have included pricing from other PSW Insurance programs currently advertised. 1. Ontario Personal Support Worker Association (OPSWA) Highlights of Advertised Coverage: Total Annual Cost: Please see below for analysis of PSW Insurance in the marketplace: $2,000,000 per Claim Limits $500,000 Abuse Liability Defence $15,000 Personal Accident, Death and Disability $307+ tax ($162 + $25 fee + $120 OPSWA fee) 2. Lloyds of London Insurance Program for Canadian Therapy Professionals Highlights of Advertised Coverage: Total Annual Cost: $180 + tax $1,000,000 per claim limits Established in 1982, LMS PROLINK Ltd. is a 100% Canadian owned Insurance Brokerage. With our subsidiary UnionLINK Insurance Brokers Inc. we manage over 40 group insurance programs for members of associations and labour unions. Please contact LMS PROLINK Ltd. at ext if you have further questions or visit them online at

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5 OCHU/CUPE Professional Liability Insurance Program FAQs When does the OCHU/CUPE Professional Liability Protection Program for PSW/DSW s start? The starting date of coverage is October 15, I have not received the information package from CUPE and want to apply for the coverage. I also need a user name and password to apply online. Who can I contact? Please OCHUPSW@LMS.ca or call ext What are the requirements to qualify for this program? You must be a Personal Support Worker (PSW) or Developmental Support Worker (DSW) and be a CUPE Union Member in good standing. What is Professional Liability Protection? Professional Liability Protection (PLP) is also known as Professional Liability Insurance, Malpractice or Errors & Omissions Insurance. In the event a third party (i.e. patient) makes a claim against you arising out your professional service as a PSW/DSW, the policy will respond to liability from negligence while rendering, or failure to render, professional service. Professional Liability insurance provides claims assistance and legal representation. The limit of insurance purchased covers both legal defense costs and damages awarded to a third party. The Professional Liability Protection starts at $1,000,000 in coverage. What will $1,000,000 pay for? We have all heard media reports of professionals or organizations being sued for damages to a victimized third party. Damages are typically only one part of the claim that would be paid out by an insurance policy. The majority of all claims paid out by a Professional Liability Policy are to cover the fees and legal expenses required to mount a legal defence. In most cases, damages are not even awarded to a victim, but lawyers will still require compensation. Currently the average fee for a lawyer who specialized in medical malpractice insurance in Canada is $500 $700 per hour. The liability limit will pay for all reasonable and necessary costs, charges, fees, (including but not limited to legal fees) and expenses incurred over the course of an investigation, negotiation, arbitration and defence of any covered claim.

6 I am solely an employee. Would my employer s insurance policy not protect me? As a health care professional, relying on your employers insurance is risky. Should you be named in a lawsuit, your employer and yourself will be named in the lawsuit. Your employer s liability policy is designed to protect your employer, not you. Benefits of maintaining your own policy and not replying on your employer s policy include: The limit of insurance on your employer s policy will be shared by you, your employer, or anyone else named in a suit. If the judgment against you is higher than your employer s limit of insurance, you could be responsible for your share of the excess amount. When you have your own policy, during a lawsuit, you will be assigned your own legal counsel and defence. You will not have to share legal resources with your employer s lawyer. You are most likely not aware if your employer is keeping their insurance up to date. If their policy is cancelled or lapsed you will not have coverage for yourself. Do you conduct PSW/DSW services outside your employment agreement? Your employer s policy surely would not cover your other activities. If your employer decided that you acted outside the scope of your agreement their policy may not protect you. What happens if I change jobs, work for more than one employer, volunteer elsewhere, work for my own private practice, or assist a stranger in public? As long as you are a member of CUPE, coverage will extend to your other PSW/DSW related employment, volunteer or Good Samaritan activities. If you work independently/privately (ie. providing services in the home of a private individual client) there are limitations and conditions to the policy: - You will be covered for up to $100,000 with a maximum of $250,000 to be paid for all private claims on the OCHU program - You must not be contravening your employment / union agreement - You must be providing these services on a part-time basis only no more than 15 hours per week - $1,000 deductible for claims brought forth as a result of your non-cupe private work. Is there a deductible? As mentioned above there is a $1,000 deductible for claims from your non-cupe private/independent services. There is no deductible for all other claims Am I covered if a patient accuses me of abuse? - Criminal acts such as molestation, harassment, corporal punishment, assault or battery or any form of sexual or physical abuse are not covered under this Professional Liability Protection policy. If however you are successfully acquitted and receive a not guilty verdict (or the charges are withdrawn) this policy will reimburse you up to $25,000 for legal expenses incurred to defend you subject to a maximum of $250,000 to be paid for all Abuse claims on the OCHU program. When I take out insurance through LMS PROLINK, is this for an annual term? All policies under the OCHU/CUPE program will expire October 15 regardless of when you apply. We will you in August to remind you to renew your insurance. I applied and paid online. Should I have received confirmation in the mail? No. You would have received your credit card confirmation / receipt via . To view and print your evidence of insurance, go directly to Your user name will be your complete address, and your new password was created by you during the online application process. For more information please visit If you still have questions and would like to speak to an insurance professional, please contact LMS PROLINK directly at OCHUPSW@LMS.ca or at by calling our office toll free at during regular business hours (M-F, 8am to 5pm EST).

7 OCHU/CUPE Professional Liability Insurance Instructions for PSW s To apply for liability insurance or to view plan pricing / coverage please follow these simple instructions: 1. Go to 2. Click on the APPLY ONLINE tab in the left section of the webpage. 3. If logging in for the very first time use the following generic credentials: a. User Name: ochupsw b. Password: ochu12 4. This will get you into the online application. Set up your own account by entering your CUPE local number and complete the application. You will also be prompted to set up a unique account using your own as the user name and your own password. This will be the credentials you use from now on to log back into the system. 5. If you pay with Visa / MasterCard (and there are no issues with your application) you will be able to bind coverage immediately and sign back in to obtain your proof of insurance. Simply log back in by following steps 1 & 2. Your complete address is now your User Name and you created your unique Password while applying online. A credit card receipt will also be automatically ed to you. If you opt not to use credit card, than you will be ed once your application has been manually approved and payment method has been cleared. If these instructions are unclear, or if you require more information please contact LMS PROLINK directly at OCHUPSW@LMS.ca or at by calling our office toll free at during regular business hours (M-F, 8am to 5pm EST).

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9 PERSONAL SUPPORT WORKER AND DEVELOPMENTAL SUPPORT WORKER MEMBERS OF THE ONTARIO COUNCIL OF HOSPITAL UNIONS/CANADIAN UNION OF PUBLIC EMPLOYEES PROFESSIONAL LIABILITY INSURANCE APPLICATION Please forward application to: LMS Prolink Ltd. 480 University Avenue, Suite 800 Toronto, Ontario M5G 1V2 Tel: Fax: (a) Applicant s Full Name: (b) Mailing Address: (c) Address: (d) Telephone: 2. (a) CUPE Local No.: (b) Are you a CUPE member in good standing? Yes No Note: only members in good standing with CUPE are eligible to purchase coverage under this insurance program. 3. (a) Confirm your occupation: Personal Support Worker (PSW) Developmental Support Worker (DSW) (b) Confirm the name of the college you attended: (c) Confirm the length of the course: 500 hours 600 hours Other: (d) Confirm the year that you graduated: 4. Confirm whether you are: solely an employed professional (Provide employer s name: ) an employed professional, but also working part-time as an independent practitioner or in private practice 5. Confirm the areas where you work: Hospital Retirement Home Long-term Care Home Nursing Home Community Health Centre Family Health Team Clinic Patient s Residence Other: 6. Select one of the Professional Liability options below: Limits of Liability Deductible *Annual Premium 8% P.S.T. Total Amount Due $1,000,000 per claim / $1,000,000 aggregate $0 $ $8.80 $ $2,000,000 per claim / $2,000,000 aggregate $0 $ $11.60 $ All Annual Premiums include a $5.00 Administration Fee If you answer Yes to any of the following questions, you must remit full details to LMS Prolink Ltd. 7. Have you ever been declined, non-renewed or cancelled by an insurer for Professional Liability Insurance? Yes No If Yes, explain: 141.ManAppe (09/15) Trisura Guarantee Insurance Company Page 1 of 2

10 8. Have you ever been subject to disciplinary action by, or suspended from practice by, any governing body ofyour profession? Yes No If Yes, explain: 9. Have you ever had a claim made against you arising out of the performance of professional services? Yes No If Yes, please provide the following details on a separate sheet: (a) Date of Claim; (b) Claimant s Name; (c) Nature of Claim; (d) Current Status of Claim; THE APPLICANT DOES HEREBY PROVIDE THE FOLLOWING WARRANTY TO THE INSURER 10. Do you have knowledge or information of any fact, circumstance or situation which could reasonably give rise to a claim which would fall within the scope of the proposed insurance? Yes No If Yes, provide details: It is understood and agreed that if knowledge of any such facts, circumstances or situations exists, whether or not disclosed, any claim or action subsequently arising or developing therefrom shall be excluded from coverage under any policy issued by Trisura Guarantee Insurance Company. PRIVACY DISCLOSURE AND CONSENT The undersigned authorized representative acknowledges that any personal information provided in connection with the insurance applied for, including but not limited to the information contained in this Application, has been collected in accordance with all applicable privacy legislation. The undersigned confirms that all necessary consents have been obtained for the collection, use, and disclosure of such information for the purposes of any investigation and inquiry in connection with this Application for insurance and, if applicable, investigating and settling claims, detecting and preventing fraud, and acting as required or authorized by law. FALSE INFORMATION Any person who, knowingly and with intent to defraud any insurance company or other person, files an Application for insurance containing any false information, or conceals information concerning any fact material thereto for the purpose of misleading any insurance company or other person, commits a fraudulent insurance act which is a crime. DECLARATIONS AND SIGNATURE The undersigned authorized representative of the Applicant: (i) declares, after inquiry, that the statements and representations set forth in this Application, and all materials submitted to or requested by the Insurer in conjunction with this Application, are true; (ii) acknowledges that these statements, representations, and materials are relied on by the Insurer and that they shall be deemed material to the acceptance of the risk assumed by the Insurer under the insurance applied for, should the insurance be effected; and (iii) agrees that if the information supplied in connection with this Application changes between the date of this Application and the effective date of any insurance effected pursuant to this Application, the undersigned will immediately notify the Insurer of such changes, and the Insurer may withdraw or modify any outstanding indications, quotations and/or authorization or agreement to effect the insurance. Signing of this Application does not obligate the Applicant or the Insurer to effect the insurance, but it is agreed that all materials submitted to or requested by the Insurer in conjunction with this Application are hereby incorporated by reference into this Application and made a part hereof. It is further agreed that this Application and all materials submitted to or requested by the Insurer in conjunction with this Application are the basis of and are deemed attached to and incorporated into any policy effected pursuant to this Application. PLEASE NOTE: COVERAGE CANNOT BE EFFECTED UNTIL THIS APPLICATION HAS BEEN FULLY COMPLETED, DULY SIGNED AND DATED, AND THE PREMIUM HAS BEEN PAID IN FULL. Signature Date 141.ManAppe (09/15) Trisura Guarantee Insurance Company Page 2 of 2