Workers' comp conundrum: Is a surf instructor a sailor?
Coverage Q&A: A workers' comp carrier says coverage does not apply to a surf instructor because of the Jones Act.
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Editor’s Note: In this week’s question, we have an unusual situation: a surfing instructor is injured on the job and files for workers’ compensation. The worker’s compensation carrier says that coverage should be under the Jones Act, the federal program for sailors working on sea vessels.
Question: Our insured provides surf instruction services. One of their employees was injured while holding two surfboards, one under each arm, while on the shoreline. As a strong wave approached, the worker braced himself for the impact, resulting in him dislocating his shoulder. The workers’ compensation insurer is denying coverage, stating that workers’ comp does not apply to surf instructors and that the Jones Act applies. In reviewing the Jones Act, it seems to relate only to employees working on sea vessels and not surf instructors.
Our questions regarding this claim are: Would workers’ comp coverage apply to this injured surf instructor? And if workers’ comp does not apply, do you know of endorsements or other types of policies that may apply for a surf instructor injured on the job?
— Hawaii Subscriber
Analysis: Workers’ compensation coverage applies to workers injured on the job, regardless of the employee’s duties. If the injury was out of and in the course of employment, there generally is insurance coverage. Some employees in certain jobs are covered under special federal legislation, such as sailors and dockers.
Answer: To learn the answer to this week’s coverage Q&A, please log into your FC&S Expert Coverage Interpretation account.
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