Do workers' compensation losses that fall under the voluntary compensation endorsement (WC 00 03 11A) go into the calculation for a workers' compensation experience modifier?
Also, the voluntary compensation endorsement includes information about workers' compensation benefits and suits against the employer. How does this endorsement apply? I've contacted several sources, and no one seems to know the answer to these questions.
Vermont Subscriber
Any losses that occur under this endorsement are chargeable to the workers' compensation modifier, just as "regular" part one or part two losses on the workers' compensation policy. They also would apply to any financial program calculations, such as retrospective rating adjustments or deductible calculations, unless the financial agreement states otherwise.
In regard to how the endorsement works, it permits employers to offer workers or volunteers who are normally exempt from workers compensation the statutory workers' compensation benefits of the state(s) designated on the endorsement. The classes of workers to which the employer wants to offer benefits must be listed on the endorsement.
However, the injured employee does not have to accept the workers' compensation statutory benefit. He or she can sue the employer. That suit would fall under the employers liability section of the voluntary compensation endorsement. The fact that the employee or volunteer can accept or decline the statutory benefits is why both workers' compensation and employers liability provisions are included in the endorsement.
This premium content is locked for FC&S Coverage Interpretation Subscribers
Enjoy unlimited access to the trusted solution for successful interpretation and analyses of complex insurance policies.
- Quality content from industry experts with over 60 years insurance experience, combined
- Customizable alerts of changes in relevant policies and trends
- Search and navigate Q&As to find answers to your specific questions
- Filter by article, discussion, analysis and more to find the exact information you’re looking for
- Continually updated to bring you the latest reports, trending topics, and coverage analysis
Already have an account? Sign In Now
For enterprise-wide or corporate access, please contact our Sales Department at 1-800-543-0874 or email [email protected]