Class Code: 8738

Per NCCI's Scopes Code Description:

 Code 8738 is applicable to outside salespersons, outside collectors or outside messengers who are employed by interstate railroads and have coverage under the Federal Employers’ Liability Act. For a complete discussion of the qualifications and restrictions for application of this code to outside sales personnel, please refer to Code 8742—Salespersons—Outside in this manual.

Note:  The following is a general explanation of the Federal Employers’ Liability Act (FELA) and a description of coverage programs that pertain to this classification.

The Federal Employers’ Liability Act applies to employees of interstate railroads. Such employees are not subject to state workers compensation laws. This federal law imposes liability for damages on the railroad if the injured railroad employee can show any negligence on the part of the railroad. For complete details, see 45 U.S. Code, Sections 51–60, 1970.

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 FELA, 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: $ 0.48

Construction Exemption Required: No