What it does
Railroad workers covered by the Federal Employers' Liability Act (45 USC Sections 51–60) recover through negligence suits against the employer rather than through state compensation. The standard policy excludes FELA work from Part Two (exclusion 9). WC 00 01 04 A (Ed. 10-04) removes that exclusion for FELA work and replaces the employers liability limits with limits shown in its own Schedule.
Key provisions
- Limits: bodily injury by accident (each accident) and bodily injury by disease (aggregate). The disease aggregate applies separately to disease arising out of work in each 3.A. state or scheduled state.
- States named in Item 2 of the Schedule get Part Two FELA coverage as though they were 3.A. states, but Part One does not apply in those states.
Who needs it
Railroad operators, short lines and contractors whose employees are treated as railroad employees under FELA. NCCI's classification system has FELA codes for railroad construction (6702, 6703, 6704) and railroad operation (7151, 7152, 7153) under Program I or Program II.
Quoting and selling notes
- FELA claims are tort damages, so limit selection matters more than on an ordinary employers liability schedule. Ask what limits the railroad's contract or the insured's umbrella requires.
- Program II classes pair FELA employers liability with state or USL&H benefits. Confirm which program the carrier is offering.
- Confirm that every state in the Schedule's Item 2 is one where the insured actually has FELA employees, since Part One does not apply in those states.
Related forms
Base policy WC 00 00 00; USL&H WC 00 01 06.
