PRODUCTION EMPLOYEE RESOURCES

Accidental Death & Disability coverage provides payments to an individual who is accidentally injured. Productions sometimes purchase this coverage for people who will be doing hazardous activities. AD&D is used as a means of providing additional benefits to what is available from Workers’ Compensation coverage. AD&D is not a substitute for Workers’ Compensation (every employer must have Workers’ Compensation). EP does not provide AD&D coverage to production employees. Production companies can buy this optional coverage from their brokers.

An additional entity covered by insurance that is carried by the Named Insured. Additional Insured coverage applies only to claims that are caused by the Named Insured. No coverage applies to claims caused by the Additional Insured; they need their own insurance. Usually, the production company is the Named Insured; its subsidiaries are Additional Named Insureds; and all the locations, vendors, and other service suppliers, such as EP, are Additional Insureds. Most productions buy insurance that includes an unlimited number of Additional Insureds because every location and vendor needs insurance. Clients must furnish a Certificate of Insurance that names EP as an Additional Insured in case EP is sued for claims caused by the production.

The Additional Insured for EP must read as follows:
Entertainment Partners, its parent, subsidiaries, related and affiliated companies,its officers, directors, agents, and employees
2835 N. Naomi Street
Burbank, CA 91504
Attn: Risk Management

An Additional Named Insured has the same coverage as the Named Insured. This is different from an Additional Insured. The Additional Insured has coverage only for claims caused by the Named Insured (or Additional Named Insured). No coverage applies if the claim is caused by the Additional Insured. Usually the production company is the Named Insured; its subsidiaries are Additional Named Insureds; and all the locations, vendors, and other suppliers, such as EP, are Additional Insureds.

Pays for injuries and property damage to third parties caused by the use of aircraft. For example, if a helicopter crashes into a hospital, Aircraft Liability insurance covers injuries to the people inside, as well as damage to the hospital building and its contents. Aircraft Hull Insurance covers damage to the helicopter itself. Workers’ Compensation covers injuries to production worker employees.

Special Note: EP cannot pay aircraft pilots unless acceptable aircraft certificates are approved by EP Risk Management prior to the flight activities.

Productions must name EP as an Additional Insured on their Non-Owned Aircraft Liability insurance using the language noted above in Additional Insured. We also require a Certificate of Insurance naming EP as an Additional Insured on the Aircraft Owner or Supplier’s Liability and Hull coverage with a Waiver of Subrogation on the Hull. Aircraft activities are considered hazardous and Risk Management approval is required prior to processing payroll for the pilot.

Productions need this insurance to obtain film permits and to pay claims caused by their use of automobiles. For example, if a production vehicle causes a collision with a car on the freeway, Auto Liability insurance covers the damage to the other person’s car and the injuries to the other driver. Workers’ Compensation covers injuries to the production worker employee.

Productions are required to provide a Certificate of Insurance naming EP as an Additional Insured on their Hired Auto and Non-Owned Auto Liability coverage (Owned Auto coverage is also needed if the production owns vehicles). Please refer to Additional Insured above for the wording to be used.

This is necessary in case EP is sued for claims caused by the production’s use of vehicles. “Hired Auto” means private passenger cars, trucks, motor homes, and other hired, loaned or donated vehicles used in production. An example of a Non-Owned Auto would be a vehicle owned by an employee (not owned by the production company) used during production.

See Watercraft below.

This is the name and address of the entity or person requesting the Certificate of Insurance. The Certificate Holder language for EP is:

Entertainment Partners, its parent, subsidiaries, related and affiliated companies, its officers, directors, agents, and employees
2835 N. Naomi Street
Burbank, CA 91504-2024.

This document, issued by an insurance broker, provides evidence that a policy is in force for a specific Named Insured. The entity requesting the Certificate is called the Certificate Holder. Liability Certificates often add the Certificate Holder as an Additional Insured. Productions must furnish EP with a Certificate of Insurance, including EP as an Additional Insured on their Liability policies (refer to Additional Insured for the exact wording needed). Sometimes productions need a Workers’ Compensation Certificate issued by EP. Please contact Risk Management at 818.955.6051 to request a Workers’ Compensation certificate.

These words appear on Certificates of Liability Insurance. It means that the policy will pay up to the Combined Single Limit (usually $1,000,000) for any combination of bodily injury claims and property damage claims. For example, it might pay $20,000 in property damage and $980,000 in bodily injury. Or, it might pay five bodily injury claims at $200,000 each. Limits include defense costs and indemnity payments. Insurance companies never pay more than the policy limit. Sometimes judges and juries award damages that far exceed the limits on the policies. If the limits are exhausted, or if there is no insurance, or if a claim is denied because of exclusions in the policy, then the insured pays “out of pocket” for attorney fees, as well as the court-awarded damages.

This is the amount the insured must pay before the insurance company pays. "Retention" is another word for "deductible."

Liability Insurance policies usually pay for defense and indemnity. "Defense" means the insurance company pays attorney fees to defend the insured, even if the claim is totally without merit. "Indemnity" refers to the amount paid for court-awarded judgments for claims caused by the insured.

This legislation provides special federal benefits to employees working under U.S. Government contracts. Please advise Risk Management (818.955.6051) if your project is being done under a government contract.

State disability insurance pays workers a weekly benefit during the time they are unable to work for nonwork-related reasons. Workers’ Compensation covers work-related disability. The amount of the weekly benefit varies by state. Disability can be temporary or permanent. Some EP production workers in California are eligible for EP’s voluntary disability plan, called VPDI (Voluntary Plan Disability Insurance). For assistance with disability claims or to opt-in or opt-out of the VPDI plan, please contact the Disability Claims Manager at 818.955.6019.

This is a Workers’ Compensation claim form that EP generates using information that the production company provides on the EP Injury Form.

This form is used to report work-related injuries. Click here for the form.

This is a separate policy that provides higher limits on top of the underlying policy. For example, a General Liability policy has a limit of $1,000,000 and an Excess Policy has a limit of $4,000,000. The total limits available would be $5,000,000. Sometimes, Excess coverage is called an "Umbrella" policy. Contrary to popular opinion, Umbrella policies do not "cover everything" – they provide higher limits over an existing underlying or primary policy.

Something in an insurance policy that is not covered. General Liability policies typically exclude coverage for claims involving aircraft, autos, foreign locations, war, nuclear accidents, intentional acts, fraud, asbestos, illegal acts, and mold (to name only a few). Workers’ Compensation coverage excludes claims arising out of intoxication by either alcohol or a controlled substance, self-inflicted injuries, felonious acts, off-duty recreational activity (such as voluntary participation in a company picnic baseball game), and claims reported subsequent to termination or layoff (with some exceptions), among other things.

These are considered hazardous activities. Please contact Risk Management at 818.955.6051.

Pays for claims occurring in locations outside the Unites States, its possessions, and Canada. Productions filming in foreign locations are required to provide EP with a Certificate of Insurance that names EP as an Additional Insured on their Foreign Liability coverage (please refer to Additional Insured above for the exact language we need). Also, productions planning to film in SANCTIONED COUNTRIES, such as Balkans, Belarus, Burma, Ivory Coast, Cuba, Congo, Iran, Iraq, Liberia, N. Korea, Sudan, Syria, and Zimbabwe (see updated list) must submit proof to EP of permission from the U.S. Department of the Treasury before Workers’ Compensation coverage can be confirmed. EP Employees are normally covered for Workers’ Compensation in foreign locations. EP usually provides Workers’ Compensation for its employees wherever they are working. EP does not provide Workers’ Compensation for foreign hires working overseas. Productions should insure foreign hires and foreign activities by purchasing a Foreign Package Policy from their brokers.

Productions need General Liability insurance to obtain film permits and to cover injuries and property damage to members of the public that are caused by the production’s activities. For example, the production stages an explosion that causes the windows of a nearby house to blow out and causes injury to the homeowner. General Liability covers the damage to the house and the injuries to the homeowner. General Liability policies exclude claims involving autos, aircraft, and watercraft (separate policies are available). EP must be an Additional Insured on the production’s liability policies for claims caused by the production.

This coverage provides benefits to union members working on union shows, as required by the various collective bargaining agreements. Benefit amounts are determined by the various industry guilds and unions, such as AFM, AFTRA, DGA, IATSE, SAG, WGA, Teamsters, etc. A union show means the production company is signatory to one or more of these collective bargaining agreements. Productions should maintain their own Guild Travel coverage.

These include use of wild animals, watercraft, aircraft, stunts, pyrotechnics, and foreign locations. Please contact Risk Management at 818.955.6051.

Hired Auto means private passenger cars, trucks, and other hired, loaned, or donated vehicles used by the production. Productions need this coverage to obtain film permits and to pay claims involving their use of autos (see Auto Liability above). EP must be an Additional Insured on the production’s Auto Liability insurance (refer to Additional Insured above).

This insurance pays for damage to the hull (body) of an aircraft or watercraft. For example, if a helicopter crashes into a hospital, Aircraft Hull insurance covers the damage to the helicopter itself. EP requires that aircraft owners/suppliers name EP as an Additional Insured on their coverage and include a "Waiver of Subrogation with Respect to Hull." This means that if the hull is damaged, and the owner/supplier’s insurance company pays for it, then insurers cannot seek reimbursement from EP.

Injury and Illness Prevention Program. All employers are required to have an Injury and Illness Prevention Program. Productions may use their own IIPP and safety guidelines as required by the various guilds and unions.

EP requires clients to maintain production insurance and name EP as Additional Insured (refer to Additional Insured above) in accordance with the Personnel Services Agreement. EP must be an Additional Insured on the production’s General Liability and Auto Liability coverage. For filming activities outside the United States or Canada, the production must have Foreign Liability coverage and name EP as an Additional Insured. If the production uses aircraft or watercraft, EP must be an Additional Insured on those policies as well. EP requires that productions maintain their own Workers’ Compensation coverage to cover people who are injured while auditioning or rehearsing (prior to employment through EP), interns, volunteers, foreign hires working overseas, and others who are not covered by EP’s program. Productions should also maintain their own Guild Travel coverage for situations where the production company is the signatory.

Interns are usually students or recent graduates who work on productions without getting paid in order to gain valuable on-the-job production experience. Because interns are not paid by EP, we do not provide Workers’ Compensation for them. EP clients need their own Workers’ Compensation insurance to cover claims involving interns, people paid in cash, people auditioning, volunteers, foreigners working overseas, and others who are not covered by EP’s Workers’ Compensation.

This legislation provides federal benefits that broaden Employer’s Liability Coverage for Masters and crew members of a vessel. This coverage can also be provided by boat owners under a Protection & Indemnity (P&I) policy. EP’s Workers’ Compensation includes Jones Act insurance for those who qualify for it. These benefits are costly, and watercraft activities can be hazardous. Please contact Risk Management for more information at 818.955.6051.

Productions need this coverage to obtain film permits and to pay for injuries and property damage to members of the public that are caused by the production company’s activities. There are various kinds of liability coverage, including General, Auto, Foreign, Aircraft, Watercraft, etc. EP must be named as an Additional Insured on our clients’ liability policies in case we are sued for claims they cause (please refer to Additional Insured above).

The total amount of insurance the policy provides. Insurance companies never pay more than the policy limit. Sometimes judges and juries award damages that far exceed the insurance limits. If the limits are exhausted, if there is no insurance, or if a claim is denied because of an exclusion in the policy, then the insured pays "out of pocket" for attorney fees and court-awarded damages.

An entity used by an actor, director, producer, writer, or crew member to contract their services to a TV, motion picture, or commercial production company. The contract specifies the services to be provided by the individual “loaned out” by the entity. EP can pay a loan-out company and provide Workers’ Compensation for the individual loaned out, provided the loan-out has a U.S. Tax Identification number. Loan-outs are NOT eligible for disability coverage. Some loan-outs may employ other staff besides the individual artist, so the loan-out should maintain its own Workers' Compensation coverage also.

These states are North Dakota, Ohio, Washington, and Wyoming. These states only allow Workers’ Compensation coverage that is arranged through their own state plan (no outside insurance is allowed). EP maintains coverage in each of these states.

The entity that purchased the policy and is insured by it. Usually, the production company is the Named Insured. An Additional Named Insured has the same coverage as the Named Insured. However, an Additional Insured has coverage only for claims that are caused by the Named Insured (no coverage applies if the claim is caused by the Additional Insured). The locations, vendors, and other suppliers (such as EP) are named or included as Additional Insureds to protect them for claims caused by the production (the Named Insured).

Pays for injuries and property damage to third parties caused by the use of aircraft. For example, if a helicopter crashes into a hospital, Aircraft Liability insurance covers injuries to the people inside, as well as damage to the hospital building and its contents. Aircraft Hull Insurance covers damage to the helicopter itself. Workers’ Compensation covers injuries to production worker employees.

Special Note: EP cannot pay aircraft pilots unless acceptable aircraft certificates are approved by EP Risk Management prior to the flight activities.

Productions must name EP as an Additional Insured on their Non-Owned Aircraft Liability insurance (please refer to Additional Insured above). We also require a Certificate of Insurance naming EP as an Additional Insured on the aircraft owner or supplier’s Liability and Hull coverage, with a Waiver of Subrogation on the Hull.

An example of a non-owned auto would be a vehicle owned by an employee (it is “non-owned” from the production’s point of view) that is being used during production. Productions need Non-Owned Auto Liability insurance to get film permits and to pay claims caused by their employees’ use of automobiles. For example, an employee driving his or her own auto causes a collision while running an errand for the production (to pick up lunch or deliver a script, for example). The other party sues the employee and both co-employers (EP and the production). If a court finds the production company was negligent, Non-Owned Auto coverage pays for damage to the other party’s car and injuries to the other driver. Injury to the employee should be covered by Workers’ Compensation. Damage to the employee’s vehicle should be covered by his or her personal auto insurance. Productions are required to provide EP with a Certificate of Insurance that names EP as an Additional Insured on their Non-Owned Auto Liability coverage in case EP is sued for auto claims caused by the production worker employee (please refer to Additional Insured above).

Productions need this coverage when they charter boats because most boat owner’s policies exclude commercial activities, such as filming. Non-Owned Watercraft Liability insurance pays for damage and injury caused by the production arising out of its use of watercraft. EP must be named as an Additional Insured on the production’s Non-Owned Watercraft Liability and Hull Insurance in case we are sued for claims caused by the production (please refer to Additional Insured above). Because watercraft activities are considered hazardous, please contact Risk Management at 818.955.6051 for more information.

Certificates of Insurance usually include "30 Days Notice of Cancellation." meaning that the insurance company must notify the Certificate Holder at least 30 days prior to canceling coverage. The most common reason insurance companies cancel policies is nonpayment of premium. Many insurers give 10 days notice of cancellation for non-payment of premium.

This acronym stands for Occupational Safety & Health Administration. This is a governmental agency that sets standards for safety in the workplace. It requires employers to report injuries and keep logs of certain kinds of work-related injuries. OSHA fines employers that do not comply. Because EP does not have a presence on the set, nor do we control the safety of the workplace or the activities of the employees, our Personnel Services Agreement states that the production shall be responsible for compliance with OSHA requirements. These include timely reporting of injuries to OSHA, maintaining an Injury and Illness Prevention Program (IIPP), providing workplace health and safety training, supplying protective equipment and clothing, providing workplace harassment training, and maintaining documentation of all of the above.

This is a form of watercraft insurance, usually carried by owners of vessels. Sometimes productions purchase this coverage when they use a "bare boat charter" (only the boat is supplied – no crew or insurance). In these situations, EP must be named as an Additional Insured on the production’s P&I policy in case EP is sued for claims caused by the production’s use of watercraft. Often the owner’s coverage is only for pleasure use; it does not cover filming activities. This is why the production should purchase its own coverage. Watercraft activities are considered hazardous. Please contact Risk Management at 818.955.6051 for more information.

Productions must carry insurance as outlined in the Personnel Services Agreement. EP must be an Additional Insured (please refer to Additional Insured above) on the production’s General Liability and Auto Liability coverage. For filming activities outside the Unites States or Canada, the production must have Foreign Liability insurance and name EP as an Additional Insured. If the production uses aircraft or watercraft, EP must be named on those policies as well. EP requires that productions maintain their own Workers’ Compensation coverage to cover people who are injured while auditioning or rehearsing (prior to employment through EP), interns, volunteers, foreign hires working overseas, and others who are not covered by EP’s Workers’ Compensation. Productions should maintain their own guild coverage for situations where the production is the signatory and EP is processing payroll.

Because the use of pyrotechnics and explosives is considered a hazardous activity, please contact Risk Management at 818.955.6051 for more information.

For hazardous activities, productions should send a completed Special Handling Questionnaire to advise Risk Management of activities involving wild animals, watercraft, aircraft, stunts, pyrotechnics (explosions), foreign locations, or other hazardous activities.

This part of a Workers’ Compensation policy reimburses the employer for necessary costs (subject to certain limits) incurred while transporting injured U.S. employees from a foreign country back to the Unites States.

"Retention" is another word for "deductible." This is the amount the insured must pay before the insurance company pays.

For hazardous activities, productions should send a completed Special Handling Questionnaire to advise Risk Management of activities involving wild animals, watercraft, aircraft, stunts, pyrotechnics (explosions), foreign locations, or other hazardous activities.

Means a state or federal law.

Action sequences that involve possible injury to performers or others on the set or stage. Please advise Risk Management at 818.955.6051 for more information.

After an insurance company has paid a claim, it can then seek reimbursement from the entity that was responsible for the loss. This is known as subrogation. In most cases, the subrogated claim is fought between two insurance companies disputing who was ultimately responsible for the loss (it does not usually involve the insured parties). A Waiver of Subrogation prevents the insurer from seeking reimbursement from the responsible party. An example of subrogation would be when an employee is injured in a vehicular accident on the freeway. The Workers’ Compensation carrier pays for the employee’s injuries, and then subrogates against (seeks reimbursement from) the owner of the vehicle who caused the accident. For aircraft insurance, EP requires a Waiver of Subrogation with respect to hull coverage. This means that if the hull is damaged and the owner’s insurer pays for the damage, then it cannot seek reimbursement from EP (because the damage was not caused by us).

This is a separate policy that provides higher limits on top of the underlying policy. For example, an underlying General Liability policy has a limit of $1,000,000. The Umbrella policy has a limit of $4,000,000. The total limits available would be $5,000,000. Contrary to popular opinion, umbrella policies do not "cover everything." Umbrellas only provide higher limits on top of an existing underlying or primary policy.

This term relates to people who reside in and are hired in the Unites States who usually have acceptable "right to work" I-9 documentation. EP provides payroll and Workers’ Compensation for U.S. hires. EP does not provide payroll or Workers’ Compensation for foreign hires who work overseas.

United States Longshoremen & Harborworkers Act. This legislation provides broader Workers' Compensation benefits for the Masters and members of the crew of a vessel. This coverage can be provided by boat owners under a Protection & Indemnity (P&I) policy. EP’s Workers’ Compensation includes USL&H insurance for those who qualify for it. These benefits are costly, and watercraft activities are considered hazardous. Please contact Risk Management at 818.955.6051 for more information.

Voluntary Plan Disability Insurance. EP offers California residents an alternative to State Disability Insurance (SDI) called VPDI. The benefits under VPDI are better than the SDI benefits.

This means an insurer that has paid a claim is prevented from subrogating against (seeking reimbursement from) the entity that was responsible for the loss.

For aircraft activities, EP requires a Waiver of Subrogation with respect to hull coverage. This means that if the hull is damaged and the insurer pays for the damage, then it cannot seek reimbursement from EP (because the damage was not caused by us). Some locations require a Waiver of Subrogation on the Workers’ Compensation Certificate. This means our Workers’ Compensation carrier cannot seek reimbursement even if the employee’s injury was caused by the owner of the premises.

Productions need Non-Owned Watercraft coverage when they use boats. This insurance pays for damage and injury to third parties caused by the production’s use of watercraft. EP must be named as an Additional Insured on the production’s Non-Owned Watercraft Liability and Hull Insurance (see Additional Insured). Watercraft activities are considered hazardous. Please contact Risk Management at 818.955.6051 for more information.

Covers injury or illness arising out of and occurring in the course of employment. State laws require that all employers provide Workers’ Compensation benefits to their employees who are involved in work-related injuries. There are five types of Workers’ Compensation benefits: medical care, temporary disability benefits, permanent disability benefits, vocational rehabilitation services (some exceptions apply), and death benefits. The benefit amounts are statutory, which means they are determined by state laws, and each state is different.

EP covers U.S. hires working anywhere and foreign hires who are working in the United States and being paid by EP. Usually anyone being paid by EP is covered by EP (with some exceptions). Certain activities, including use of wild animals, watercraft, aircraft, stunts, pyrotechnics, foreign locations, or other hazardous activities, may require prior approval by EP. Please contact Risk Management at 818.955.6051 for more information.

EP does not process payroll for nor provide Workers’ Compensation for foreign hires working overseas, contestants, volunteers, interns, people who are auditioning, people paid in cash, people involved in hazardous activities that have not been reported to EP, and others. Please contact Risk Management at 818.955.6051 for additional information. Clients should maintain their own Workers’ Compensation insurance to cover employees and volunteers that are not paid by EP or covered by EP.

Injury to the employee must arise out of and in the course of employment. When employees are on distant location, Workers’ Compensation also applies to injuries that are incidental to employment, such as traveling or obtaining food and lodging. However, purely personal undertakings, such as visiting a museum during off-time, would not be considered incidental to employment. The Workers’ Compensation Claim Adjuster will perform a fact-based analysis to determine whether an injury is covered by Workers’ Compensation.

Coverage does not apply to injuries arising from intoxication by alcohol or a controlled substance, a self-inflicted injury; an altercation in which the injured worker is the initial physical aggressor, the commission of a felony (for which the injured worker is convicted); voluntary participation in an off-duty recreational, social or athletic activity that is not part of the employee's work-related duties, and injuries that occur while an employee is involved in purely personal undertakings, such as visiting a museum during off-time. Injuries that are reported subsequent to termination or layoff are not covered (some exceptions apply).

State laws determine the benefits offered. After a claim is filed, the adjuster will contact the injured worker to determine the benefit jurisdiction. Please contact Risk Management at 818.955.6051 for additional information.