Class Code: 9178

Per NCCI's Scopes Code Description:

Code 9178 is applied to professional and semiprofessional athletes, athletic teams and sports clubs engaged in non-contact sports including, but not limited to, baseball, basketball, jai-alai, soccer, and volleyball. Noncontact sports refers to a sport where the player is penalized for contact with another player, while contact sports refers to a sport where the player is not penalized for making contact with another player. Code 9178 applies to players, coaches, managers, trainers, or sports officials and includes all players on the salary list of the insured whether they actually play or not.

Equipment and Materials:

•    Various athletic equipment

Additional Applications and Information:

•    Under certain circumstances, employees of an insured may participate in “company” athletic events that may or may not be considered to be officially sponsored by the insured. A question may arise as to whether a participant who was injured in these events was acting within the scope of his or her employment and should be entitled to workers compensation benefits. This coverage question is beyond the scope of NCCI and should be resolved by the affected parties.
•    Code 9178 is assigned as an additional basic classification if it can be established that company-sponsored sports activities meet the requirements of Basic Manual Rule 1-D-3; that is, that the sports activity constitutes a separate or secondary business undertaking or enterprise conducted by the insured, and it can be established that an employee for all intents and purposes is engaged in separate employment. Under these circumstances, payroll received by an employee for participation in a sports activity has been assigned to the appropriate athletic sport classification. Such classification would also apply to any outsider who is engaged solely as a player, coach, manager, trainer, equipment manager, or sports official.
•    Per Basic Manual Rule 1-B-3, General Inclusions, a medical facility operated by an insured for its employees is considered a General Inclusion. Based on this rule, trainers employed by an athletic team are assigned to the code applicable to that team. Self-employed trainers who perform medical services for teams are assigned to the appropriate medical provider class, usually Code 8832—Physicians.

Special Conditions:

The purpose of the footnote for Code 9178 is not to compute payroll for professional athletes on a weekly basis; it is to subject the total payroll of such employees to an annual limitation using the maximum weekly amount indicated in the state rate pages multiplied by the total weeks in the year. NCCI has always taken the position that a player is under contract to the team for the entire year of his or her contract regardless of whether payments are made periodically throughout the year or only during the months of the active season. It should be noted that this procedure applies only in instances where a continuity of the employer-employee relationship exists. Payroll should not be included for those weeks during the policy term when there was no continuity of an employer-employee relationship. This may occur when an employee is unconditionally released mid-season and is free to sign up with another team, even though the employee continues to receive money owed them pursuant to their old contract.

Related Operations Not Classified to Code 9178:

•    This classification is not intended for amateur, youth, or recreational athletes, athletic teams or sports clubs in which the athletes are generally not paid. The intent of “generally not paid” is to allow for incidental meal, travel and/or accommodation allowances for amateurs, which could otherwise be considered remuneration in determining an amateur athlete is a professional. Refer to Code 9063—YMCA, YWCA, YMHA, or YWHA, Institution—All Employees & Clerical for these risks.
•    Scouts who recruit players for professional and semiprofessional sports teams are classified to Code 8742.
•    Specialty camps, also referred to as sports clinics, engaged in one of the above non-contact sports on an amateur, youth, or recreational basis, are assigned to Code 9015 if overnight sleeping accommodations are offered. If no overnight sleeping accommodations are offered, assign to Code 9063.
•    Certain individuals such as, but not limited to, tennis or golf professionals (instructors) may perform services for a risk such as a country club, hotel, or park. In the event it is determined that the “pro” is an employee of the country club, hotel, or park for workers compensation purposes, the pro is assigned to the appropriate country club, hotel, or park classification. However, in the event an insured is in the business of providing these pros to others, then this business is classified to Code 9178 and the pro, as an employee of this type of risk, is classified to Code 9178.

Rate per $100. of Renumeration: $ 3.62

Construction Exemption Required: No