1. Forms
2. WC
3. WC-00-01

What the Form Series Is

The WC 00 01 designation refers to a series of endorsement forms in Workers' Compensation and Employers Liability insurance. These are not a single, standalone form but a category of endorsements designed to address an insured's exposures under specific United States federal acts. Standard workers' compensation policies primarily cover obligations under state laws, and Part Two (Employers Liability Insurance) often contains exclusions for liabilities imposed by federal statutes. The WC 00 01 series endorsements modify the policy to provide the necessary coverage for these federal exposures.

Classes of Business It Applies To

This series of endorsements applies to a wide range of businesses whose employees may fall under federal jurisdiction for workers' compensation benefits, either exclusively or in addition to state laws. Examples include:

• WC 00 01 01 - Defense Base Act Coverage Endorsement: For civilian contractors working on U.S. military bases overseas or on public works contracts outside the continental U.S.
• WC 00 01 02 - Federal Coal Mine Health and Safety Act Coverage Endorsement: For coal mine operators whose employees are exposed to coal mine dust and may contract pneumoconiosis (black lung disease).
• WC 00 01 04 - Federal Employers' Liability Act (FELA) Coverage Endorsement: For interstate railroad employers whose employees are injured on the job. FELA is a fault-based system, unlike most no-fault state workers' compensation systems.
• WC 00 01 06 - Longshore and Harbor Workers' Compensation Act (LHWCA) Coverage Endorsement: For employers with employees engaged in maritime employment on navigable waters of the U.S. or adjoining areas (e.g., shipbuilders, longshore workers).
• WC 00 01 08 - Nonappropriated Fund Instrumentalities Act (NAFIA) Coverage Endorsement: For civilian employees of nonappropriated fund instrumentalities of the Armed Forces (e.g., post exchanges, service clubs).
• WC 00 01 09 - Outer Continental Shelf Lands Act (OCSLA) Coverage Endorsement: For employers with employees working on the Outer Continental Shelf in connection with the exploration and development of natural resources (e.g., offshore oil rig workers).
• WC 00 01 11 - Migrant and Seasonal Agricultural Worker Protection Act Coverage Endorsement: For agricultural employers who are required to provide workers' compensation coverage under this act.

Special Considerations

• Mandatory Coverage: If an employer has exposures covered by these federal acts, the appropriate WC 00 01 series endorsement is generally mandatory to avoid significant coverage gaps and potential legal liabilities.
• Exclusivity and Overlap: Some federal acts are exclusive remedies, while others may interact with state workers' compensation laws. Understanding the jurisdiction is critical.
• Benefit Differences: Benefits under federal acts can differ significantly (often more generous) from state workers' compensation benefits, impacting claim costs and therefore premiums.
• Territorial Scope: These endorsements clarify the territorial scope of coverage, which is particularly important for acts like the Defense Base Act that apply worldwide.

Key Information for Agents and Underwriters

• Exposure Identification: Agents must diligently identify any potential federal exposures their clients may have by thoroughly understanding the client's operations, work locations, and employee duties. Asking specific questions about maritime activities, government contracts, railroad work, or overseas operations is crucial.
• Correct Endorsement Selection: It is vital to select and attach the specific WC 00 01 endorsement that corresponds to the applicable federal act(s). Using the wrong endorsement or no endorsement can leave the insured unprotected.
• Underwriting and Pricing: Underwriters need to assess the unique risks associated with each federal act. This includes evaluating the specific hazards, claims history under the federal act, and the higher potential benefit levels. Premium calculations for these endorsements often involve specific rating procedures or increased factors due to the enhanced benefits and risks.
• Policy Language: These endorsements amend key sections of the policy, including definitions (like "Workers Compensation Law") and exclusions in Part Two (Employers Liability Insurance), to incorporate the requirements of the specific federal act.
• State Variations: While these are NCCI forms, their adoption and specific application can sometimes have nuances in certain states, or states might have their own specific forms for similar purposes, although federal law supersedes state law in these contexts.