Public Health Grand Rounds
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A Menu of Suggested
Provisions for
Public Health Mutual Aid Agreements
Workers’ Compensation,
Death Benefits, & Insurance
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Descriptive Note
With respect to declared emergencies, EMAC, Article VIII, provides:
Each party state shall provide for the payment of compensation
and death benefits to injured members of the emergency forces
of that state and representatives of deceased members of such
forces in case such members sustain injuries or are killed while
rendering aid pursuant to this compact, in the same manner and
on the same terms as if the injury or death were sustained within
their own state.
UEVHPA includes a provision that workers’ compensation will be provided
by a “host” state to volunteers who are otherwise unprotected by
workers’ compensation laws. As with other provisions, consultation
with legal counsel is essential to determine the impact of laws
relating to workers’ compensation and death benefits.
Most, if not all, states, and many other jurisdictions are self-insured.
Provisions suggested below relating to purchase or maintenance of
insurance obviously have no relevance to those jurisdictions, but
government entities not so situated may want to consider such provisions,
consistent of course with applicable laws or policies.
Requiring parties to provide workers’ compensation and death benefits
to their personnel:
- Each Party shall provide, in accordance with its own laws,
for the payment of workers’ compensation and death benefits
to injured members of the emergency forces of that Party and
to representatives of deceased members of those forces if the
members sustain injuries or are killed while rendering aid to
another Party pursuant to this Agreement, in the same manner
and on the same terms as if the injury or death were sustained
within its own jurisdiction.
- Each Party shall be responsible for injuries or death of
its own personnel. Each Party will maintain workers’ compensation
insurance or self-insurance coverage, covering its own personnel
while they are providing assistance pursuant to this Agreement.
Each Party waives the right to sue any other Party for any workers’
compensation benefits paid to its own employee or volunteer
or their dependants, even if the injuries were caused wholly
or partially by the negligence of any other Party or its officers,
employees, or volunteers.
Requiring (or not requiring) purchase and maintenance of general
insurance coverage:
- Each Party shall procure and maintain, at its sole and exclusive
expense, insurance coverage, including: comprehensive liability,
personal injury, property damage, worker’s compensation, and,
if applicable, emergency medical service professional liability,
with minimum limits of $1,000,000 auto and $1,000,000 combined
single limit general liability and professional liability. No
Party shall have any obligation to provide or extend insurance
coverage for any of the items enumerated herein to any other
Party or its personnel. The obligations of this provision may
be satisfied by a Party’s membership in a self-insurance pool,
a self-insurance plan or arrangement with an insurance provider
approved by a government authority. Upon request of a Party,
Parties shall provide evidence of compliance with this provision.
- Each Party shall determine for itself what insurance to
procure, if any. Nothing in this Agreement shall be construed
to require any Party to procure insurance.
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