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Questions and Answers

1
  Why can't the production choose which performers or performer classes it wishes to cover?

While an accident can occur to anyone, both AFBS and workers' compensation boards realize that there is a greater likelihood of an accident occurring during the preparation for or the performance of a stunt. This is why many workers' compensation programs specifically exclude stunt performers.

In order to ensure the viability of the Accident on Set program and to ensure that producer premium costs remain at an appropriate level, it is important to spread the insurance risk over the greatest number of participants as possible. For this reason, AFBS requires that Accident on Set coverage is provided to all performers on set, including stunt performers and additional background performers whenever possible.

Because Accident on Set benefits were designed specifically with producers and performers in mind, it is an appropriate option for every production where workers' compensation is not mandatory.

2
  What is Employer Liability insurance? 

Unlike workers' compensation benefits or Accident on Set benefits, Employer Liability insurance does not make any payments to an injured person immediately following a verified accident.

Employer Liability insurance protects the production company in the event that it is found legally liable for personal injuries caused by an accident while on its premises (for example, the production set). If a litigant was successful in suing the production, any settlement, court costs awarded, as well as the production's legal fees, would be paid under the Employer Liability insurance policy up to the chosen policy dollar limit.

Employer Liability is important producer protection for those very rare situations, and after a protracted time for any legal case, that could result in some settlement being paid by the general insurance company.

The Accident on Set insurance program provides comprehensive and high dollar value benefit levels for performers. It would only be in the very rarest of accidents and when the performer or his/her family believed that the nature and extent of the loss far outweighed the immediate and extensive benefits provided by the Accident on Set insurance program.

Please speak with your general liability insurance broker to ensure that you have the general insurance, including Employer Liability Protection that is appropriate for your production.

3
  Why was the Accident on Set program developed?

Actra Fraternal Benefit Society (AFBS) was motivated to develop a program that provided appropriate benefits should a performer, including a stunt performer or those performing a stunt, be injured while on set. While workers' compensation does provide coverage, it varies province-to-province (some mandatory, others voluntary) and often excludes stunt performers or those performing a stunt. The Accident on Set insurance program was developed to provide appropriate coverage for all performers including stunt performers in the event any performer is injured while on set.

The Accident on Set insurance program is considered by ACTRA to provide performer protection which is at least equivalent to workers' compensation. Basically, the Accident on Set program has been designed to provide financial support and reimbursement of covered health care benefits incurred as a direct result of an accident on set, and which are not covered by the performer's provincial medical and hospital coverage.

Even with Accident on Set coverage, your production company is still required to register with your provincial workers’ compensation program if you work in a compulsorily covered industry. Please check your provincial workers’ compensation program to verify your registration requirement, and to ensure you are adhering to any local labour laws that may exist in the jurisdictions where you are working and hiring cast and crew members.

4
  Who is the insurance company behind the Accident on Set insurance program?

Actra Fraternal Benefit Society (AFBS) is the insurance company underwriting and administering the Accident on Set program. AFBS is a not-for-profit federally licensed insurance company and has provided insurance and retirement benefits to the ACTRA performer community for over thirty years. As a business entity, AFBS is completely separate from ACTRA. Representatives from both ACTRA and the Writers Guild of Canada, as well as engager representatives, including CMPA, participate on the Board of Governors of AFBS.

AFBS is regulated by the federal Office of the Superintendent of Financial Institutions (OFSI). The mandate of OSFI is to ensure that participants' financial security is maintained. Based on the solvency measures applied by OSFI, AFBS is rated as one of the strongest financial institutions of its kind in Canada.

5
  What is the cost of the Accident on Set insurance program?

Low Budget Productions
The cost, when performers are engaged under an eligible ACTRA/UBCP low budget production with a budget of $100,000 or less is the greater of a minimum premium of $50.00 or
- $11.00/performer/day
- $55.00/stunt performer or coordinator or performer who is engaged in a risk performance/day.

Deferral Projects
The cost, when performers are engaged under an eligible ACTRA/UBCP deferral project is the greater of a minimum premium of $50.00 or
- $10.00/performer/day
- $50.00/stunt performer or coordinator or performer who is engaged in a risk performance/day.

Other Productions
With the exception of Alberta, the cost of Accident on Set coverage is 1.0% of insurable earnings for each production when coverage is provided to all performers. Insurable earnings are all earnings up to $100,000 per eligible performer, per production. Appropriate credits will be processed when performer earnings exceed $100,000 in a calendar year.

Contact AFBS if you are filming in Alberta, or wish to ensure a performer who is ineligible for coverage under workers' compensation.

6
  What level of Benefits does Accident on Set provide if a performer is injured while on set?

Benefit payments are subject to the terms and conditions of the master policy and the Certificate of Insurance issued to the production or signatory. Details are available in the Benefits section.