Class Code: 7335

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.

Dredging operations involve the cleaning, deepening or widening of a body of water. Scooping or suction machinery is generally employed in the dredging process to remove sand, clay, mud or other material from the body of water that is being dredged.

This classification is assigned to the crew of the dredge, the pontoon crew, the shoreline crew as well as any employees who are on the shore distributing the discharged material while the dredge is operating in the area. It includes the maintenance and repair of the dredge and its equipment by employees of the insured, regardless of whether such maintenance and repair is done at the location of the dredging work or when the dredge is pulled out of the water for hull repair by ship repairing contractors.

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: $ 4.99

Construction Exemption Required: No