Public Liability Insurance?

colonel_sanders · Dec 12, 2015

Hello,

I'm a newb in a bit of a pickle. My friend, lets call him Tom, and myself have been commissioned by a company in Europe to do a series of short films. Tom is registered as a sole trader in the UK, but due to visa restrictions I can't work outside of the UK and therefore can't be a paid employee for this job.

I am happy to work unpaid for this job, but the problem is public liability insurance, as I will not be covered by Tom's insurance, and I will not be covered by mine as I am working outside of the UK.

Has anyone had any situations where they've taken unpaid workers on to film sets/shoots without public liability insurance?

I'd love to hear from some of you regarding your experiences.

Thanks!

Aspiring Mogul · Dec 12, 2015

I have no experience with filming without insurance, because I've never shot a frame of film in my life, though I'm hoping to do so one day. But I do know a bit about insurance law, so here're some basic issues.

If Tom's insurance does not cover you, then, if you get injured, you will not be covered for any injuries. In a similar vein, if you cause any damage or injuries, and you get sued, his insurance company may not cover your losses.

From Tom's point of view, his lawyer has to look at the fine print carefully. If Tom hires someone, and that situation is not covered by the insurance contract, then the company may use that as a reason to get out of paying damages. Many insurance court cases deal with the question of whether that particular situation is covered by the contract, and whether the insurance company has to pay the damages for their customer, which would be Tom in this case.

As I said, these are the general principles. Every jurisdiction is different, and Tom and you should get a lawyer to review the contract and see how it applies to your situation, and you may have to pay a consultation fee.

By the way, I love fried chicken.

Morris · Dec 12, 2015

I would talk to a good insurance agent to see if you can get some type of insurance on you. Do not know the laws in Europe. We have people working for free, but there are different types of insurance coverage in the US.

sfoster · Dec 12, 2015

I've been on a set where I wasn't named in the insurance policy.

The wouldn't let me do anything, not even as simple as pick up a item and carry it. But I was allowed to be there and watch.

AudioPostExpert · Dec 13, 2015

Morris said:
I would talk to a good insurance agent to see if you can get some type of insurance on you.

No insurance agent will provide coverage for engaging in an illegal activity!

OP: As far as visas are concerned "working" is not defined by whether you are a paid employee or not. In most/all cases, unpaid work is still considered "work" and therefore illegal. Insurance companies can and do use any possible loophole to avoid paying a claim and having someone working illegally on the team would appear to be an obvious loophole any insurance company would try to take advantage of. Aspiring Mogul's advice is the best you've had so far, you'll need professional advice from a good lawyer.

The obvious and best solution is not to try and work illegally, are you sure you can't get a work visa? Bare in mind most/all European countries are very keen to attract foreign film crews and usually have a special type of work permit, specifically designed to allow visiting artists (including filmmakers) to work on a project without having to go though (or satisfy) the normal work visa application process/criteria. I would think this would be the best avenue for you to explore. ... Your best starting point will probably be the local country's film board/commission/department, who will be experienced in advising/helping you to acquire a visiting artist type work permit.

G

colonel_sanders · Dec 13, 2015

Thanks you for all the replies!

Its been a great reality check reading your comments. I definitely won't be able to be part of the filming process without a EU work visa. I'll turn my energy towards this and try to find a solution.

By the way, I love fried chicken.

Me too aspiring mogul, me too....

colonel_sanders · Dec 13, 2015

I have one more question (incase Tom needs to hire someone else for the job):

If Tom takes out Public Liability Insurance, and Employers Liability Insurance, does that cover a freelancer that Tom employees for the job, or does the freelancer require his/her own public liability insurance?

Thank you for your help!
C_S

Aspiring Mogul · Dec 13, 2015

colonel_sanders said:
I have one more question (incase Tom needs to hire someone else for the job):

If Tom takes out Public Liability Insurance, and Employers Liability Insurance, does that cover a freelancer that Tom employees for the job, or does the freelancer require his/her own public liability insurance?

Thank you for your help!
C_S

You're welcome.

In response to your question, it depends on the fine print. The best solution is to get an insurance or entertainment lawyer to read the policy and clarify it with the insurance agent.

colonel_sanders · Dec 14, 2015

Excellent, thank you so much!

gorillaonabike · Dec 16, 2015

colonel_sanders said:
I have one more question (incase Tom needs to hire someone else for the job):

If Tom takes out Public Liability Insurance, and Employers Liability Insurance, does that cover a freelancer that Tom employees for the job, or does the freelancer require his/her own public liability insurance?

Thank you for your help!
C_S

Depends on about a million factors including the country, how they are employed and the status of the company he he has plus the country they will be working in.

However, the 'sole trader' status is also a major pain. Ltd companies have equivalents in every country in Europe, it is easier to get visas, insurance etc... but sole trader statuses add a significant layer of complexity.

In addition, there are a whole series of laws around work permits and film makers which mean that you might be able to work in that country on a temporary basis. However, you will need to consult a lawyer.