Class Code: 7099

Per NCCI's Scopes Code Description:

This classification is applicable to operations described in this scope that are conducted on waters subject to Admiralty jurisdiction. Please refer to the note at the end of this scope for a general explanation of the Admiralty Law. Examples of non-self-propelled vessel operations contemplated by this classification include barges, scows, canal boats and lighters. Sailing vessels, while they may be considered “not self-propelled,” are properly classified to Codes 7046, 7050 and 7090.

Employees on quarterboats and firemen and derrick operators on a scow are considered members of the crew and are assigned to Codes 7046, 7098 and 7099.

Note:  The following is a general explanation of the Admiralty Law and a description of Coverage Programs that pertain to this classification.

Admiralty Law:

Masters and members of the crews of vessels are not covered under state workers compensation laws nor under the USL&HW Act. They are subject to Admiralty Law and, if injured, have the right to sue their employers for damages in the Admiralty Courts where the proceeding is in the nature of an employers liability suit. They also have the right to transportation, wages, maintenance and cure. Such seamen are subject to a federal law, the Merchant Marine Act of 1920, known as the Jones Act (46 U.S. Code, Section 688, 1970) which applies the provisions of the Federal Employers’ Liability Act to seamen. Every person employed on board a vessel is deemed to be a seaman if connected with the operation or welfare of the vessel while in navigable waters. Usually, navigable waters are defined as those which form a continuous highway for interstate or international commerce.

Coverage Programs:

Program I—provides, under Part One—Workers Compensation Insurance, statutory liability under the workers compensation law of any state designated in Item 3.A of the Information Page and, under Part Two—Employers Liability Insurance, employers liability for damages under Admiralty Law, subject to a standard limit as shown in the Basic Manual.

Program II—provides the same coverage as Program I, but with the addition of Voluntary Compensation. Under Program II, the insurance carrier will offer a settlement of a claim strictly in accord with the statutory benefits provided in the workers compensation law designated in the voluntary compensation endorsement attached to the policy as if the claim were subject to such law, instead of subject to the laws of negligence. If the offer of settlement is rejected, employers liability then applies to such claim or suit, with the same standard limit as for Program I.

State Addendum
Massachusetts

Coverage Programs:

Program I—provides, under Part One—Workers Compensation Insurance, statutory liability under the workers compensation law of any state designated in Item 3.A of the Information Page and, under Part Two—Employers Liability Insurance, employers liability for damages under Admiralty Law, subject to the standard limit as shown in the MA Manual Rule XIII-D.1.

Program II—provides the same coverage as Program I, but with the addition of Voluntary Compensation. Under Program II, the insurance carrier will offer a settlement of a claim strictly in accord with the statutory benefits provided in the workers compensation law designated in the voluntary compensation endorsement attached to the policy as if the claim were subject to such law, instead of subject to the laws of negligence. If the offer of settlement is rejected, employers liability then applies to such claim or suit, with the same standard limit as for Program I.

Rate per $100. of Renumeration: $ 6.56

Construction Exemption Required: No