The College of Occupational Therapists (COTO) of Ontario is required, under the Regulated Health Professions Act (RHPA), to be in a position to provide up to $10,000 per client who may have been sexually abused by a registrant. Our College requires that occupational therapists bear the obligations of the profession to provide for a Sexual Abuse Therapy and Counseling Fund through insurance coverage. This is really an economical option to OTs who would otherwise have to support the development of the College's own resources to support such costs. This particular insurance coverage is unique.
We are the only health profession in Ontario obligated by the College
to provide evidence of such insurance. However, because OSOT was able to secure an insurer to
engage the first coverage of this type, meeting the COTO requirement has not been a
problem. It's important to remember, however, that this component of insurance coverage is there for the public's benefit should there be a cause to access it.
This point speaks to the mandatory component of securing liability insurance but perhaps the most important
reason that you should be taking insurance is to protect you!
-
As a regulated health professional
with accountabilities to the public and a regulatory body, one of the most important reasons to
secure liability insurance is to access a legal expenses endorsement. This is coverage that
provides funding for you to access legal services in the event that there is a complaint or any
investigation that involves you and the College. Occupational therapists may think that a complaint will
never come their way, but the evidence speaks otherwise and indeed, it is far more likely that one
will have a client lodge a complaint with the College than engage a legal suit. For this reason it
is critical that you engage a liability insurance policy that provides generous coverage for such
legal expenses. Policies that address only liability do not adequately protect you!
Be reminded that most employers' policies won't address this aspect at
all. Review your options carefully and seek the best legal expense endorsement coverage. Because it
is so important, OSOT has worked with LMS PROLINK Ltd to deliver what we believe to be the most
comprehensive package in this regard. Your OSOT policy will provide 100% coverage of reasonable
legal expenses to a maximum of $150,000/investigation or hearing - there is no deductible. This
coverage makes your decision about whether to secure a lawyer easy.
-
Notwithstanding a
professional's commitment to high standards of service delivery, accidents and errors do
happen and the third reason you should seek excellent liability coverage is to do just that -
protect your liability in the event that you are sued for actions you have taken or neglected to
take that have resulted in harm or loss to your client.
Civil proceedings are expensive for both
parties (which is why a complaint to a regulatory body is a far more likely first step) but a good
liability insurance policy will cover your legal expenses and any liability you are assigned to pay
the client should you be found guilty of the claim. Your OSOT plan provides for a personal coverage
of $5,000,000 with no deductible. We believe that this is a good level of protection. You may feel
it sounds excessive but be reminded of the liability that might be assigned in the event of actions
leading to loss of earning potential, etc.
-
Whenever an occupational therapist assigns tasks to a support worker or assistant,
they retain the professional responsibility for supervision and assurance that treatment is
delivered competently. If you work with support personnel, your risk of liability is increased
unless you are well covered.
OSOT's insurance policy covers you and your support worker in the event
that they are sued (as long as the supervising therapist subscribes to the policy). Your support
worker will have equal access to coverage if the incident
in question is something that fell under your direction. This gives both you and your support worker peace of mind.
This aspect of the policy coverage will also extend to cover internationally educated OTs or therapists in re-entry programs that you may supervise.
-
A criminal charge is probably the furthest thing from most OT's
minds but possibilities exist. Sexual Abuse and Fraud
are examples of criminal acts that might relate to OT practice. Insurance can protect you in
cases where you are wrongfully accused, providing for legal expenses. OSOT's plan covers up
to $125,000 in criminal cases with findings of not guilty.
The premium for OSOT's comprehensive insurance plan is $79.95 including taxes.
