There are, however, some federal laws on the subject that affect workers employed in areas beyond the authority of an individual state; some examples of these laws are the United States Longshore and Harbor Workers Compensation Act, the Federal Employees Compensation Act, the Coal Mine Health and Safety Act, and the Merchant Marine Act of 1920 (the Jones Act). As a way to comply with the federal laws and provide workers compensation insurance and employers liability insurance for affected workers, several endorsements are available for use. These endorsements are presented numerically and briefly discussed in this article.

The endorsements are listed here alphabetically for ease in locating.

Alphabetical guide to endorsements:
Defense Base Act Coverage Endorsement WC 00 01 01 A
Federal Coal Mine Health and Safety Act Coverage Endorsement WC 00 01 02
Federal Employers Liability Act Coverage Endorsement WC 00 01 04
Longshore and Harbor Workers Compensation Act Coverage Endorsement WC 00 01 06 A
Maritime Coverage Endorsement WC 00 02 01 A
Nonappropriated Fund Instrumentalities Act Coverage Endorsement WC 00 01 08 A
Outer Continental Shelf Lands Act Coverage Endorsement WC 00 01 09 A

Defense Base Act Coverage Endorsement WC 00 01 01 A

This endorsement applies only to the work described in the schedule or described on the information page as subject to the Defense Base Act. Basically, WC 00 01 01 A modifies the workers compensation and employers liability insurance (WC) policy by replacing the definition of “workers compensation law” found on the WC policy with the following meaning: workers compensation law means the workers compensation law and occupational disease law of each state or territory named in item 3.A. of the information page and the Defense Base Act (42 USC Sections 1651-1654). The definition goes on to state that it does not include any other federal workers compensation law or federal occupational disease law. As an example of putting WC 00 01 01 A to work, it can be used for contractors performing work at overseas military bases or under various public works contracts outside the continental United States of America.

This endorsement also declares that exclusion 8 under the employers liability insurance part of the WC policy does not apply to work subject to the Defense Base Act. Exclusion 8 deals with bodily injury to any person in work subject to the Defense Base Act.

WC 00 01 01 A applies the workers compensation policy to the described work as though the location included in the description of the work were a state named on the workers compensation information page; therefore, the description of the work must include the location where the work is to be performed.

Federal Coal Mine Health and Safety Act Coverage Endorsement
WC 00 01 02

This endorsement is used when the workers compensation policy is to cover exposures subject to the federal Coal Mine Health and Safety Act. WC 00 01 02 states that the definition of workers compensation law includes the coal mine act and applies only to work in a state shown in the schedule.

Workers compensation insurance applies under this endorsement to bodily injury by disease that is caused or aggravated by the conditions of the employment and the employees's last day of exposure to the conditions causing or aggravating such bodily injury by disease must occur during the policy period.

Federal Employers Liability Act Coverage Endorsement WC 00 01 04 A

This endorsement applies only to work subject to the Federal Employers Liability Act (45 USC sections 51 – 60) and any amendment to that act that is in effect during the policy period. For example, the act makes an interstate railroad liable for bodily injuries sustained by an employee if the injured employee can show any negligence on the part of the railroad. Due to the interstate nature of the employment, such employees are not subject to state workers compensation laws and this endorsement covers the liability of the railroad.

The liability to pay for damages is limited and the limits are shown in the schedule. The limits of liability for bodily injury by accident are on an each accident basis; the limits for bodily injury by disease are on an aggregate basis.

Longshore and Harbor Workers
Compensation Act Coverage Endorsement WC 00 01 06 A

This endorsement applies only to work subject to the Longshore and Harbor Workers Compensation Act in a state shown in the schedule and provides compensation coverage to employees such as longshoremen, harbor workers, ship repairmen, and shipbuilders. The endorsement is attached to the workers compensation and employers liability insurance policy (WC 00 00 ) and expands the definition of workers compensation law to include the Longshore and Harbor Workers Compensation Act (33 USC sections 901 – 950) and any amendments to that act that are in effect during the policy period.

WC 00 01 06 A declares that exclusion 8 under the employers liability insurance part of the WC policy does not apply to work subject to the Longshore and Harbor Workers Compensation Act. This is, of course, similar to the wording found on endorsement WC 00 01 06 A as noted above. It is also stated on the longshore and harbor workers compensation act coverage endorsement that the endorsement does not apply to the Defense Base Act, the Outer Continental Shelf Lands Act, or the Nonappropriated Fund Instrumentalities Act.

For a more detailed discussion of the Longshore and Harbor Workers Act and the coverage it provides, see Longshore and Harbor Workers Compensation Act and the Jones Act

Nonappropriated Fund Instrumentalities Act Coverage Endorsement WC 00 01 08 A

This endorsement applies only to the work described in the schedule as subject to the Nonappropriated Fund Instrumentalities Act; the definition of “workers compensation law” is expanded by this endorsement to include the Nonappropriated Fund Instrumentalities Act. This act makes the Longshore and Harbor Workers Compensation Act apply to civilian employees of certain entities, such as, the army exchange service or the military motion picture service. Thus, workers compensation insurance and employers liability insurance is provided for those civilian companies and employees that administer the stores or dining areas that exist on military bases.

WC 00 01 08 A also notes that exclusion 8 of the employers liability insurance part of the WC policy does not apply to work subject to the instrumentalities act.

Outer Continental Shelf Lands Act Coverage Endorsement
WC 00 01 09 A

This endorsement applies only to the work described in the schedule as subject to the Outer Continental Shelf Lands Act. The coverage will apply to that work as though the location shown in the schedule were a state named on the workers compensation policy and therefore, the description of the work must show the state whose boundaries, if extended to the outer continental shelf, would include the location of the work. The Outer Continental Shelf Lands Act makes the Longshore and Harbor Workers Compensation Act apply to work involving the development of the natural resources of the outer continental shelf. Workers who are employed in this type of activity get workers compensation insurance and employers of such workers get employers liability insurance through this particular endorsement.

WC 00 01 09 A, like the previous endorsements noted above, expands the meaning of “workers compensation law” to include the particular law for which this endorsement is named and deletes exclusion 8 from the employers liability insurance part of the WC policy.

Maritime Coverage Endorsement WC 00 02 01 A

Masters and members of the crews of vessels are not covered under state workers compensation laws or under the Longshore and Harbor Workers Compensation Act; they are subject to admiralty law and, if injured, have the right to sue their employers for damages. This endorsement affords coverage where the employer has such exposure and needs employers liability insurance.

This endorsement applies to and schedules limits of liability for bodily injury by accident or by disease and such bodily injury must arise out of and in the course of employment as described in the schedule. The coverage does not apply to bodily injury that is covered by a protection and indemnity policy issued to the insured (a protection and indemnity policy is ocean marine insurance that applies to personal injury liability including bodily injury to employees). Insurance under this endorsement also does not apply to the duty of the insured to provide transportation, wages, maintenance, and cure for the employees unless the insured pays an extra premium for such coverage and this is noted in the schedule.

WC 00 02 01 A goes on to state that exclusion 10 under the employers liability insurance part of the WC policy is removed; exclusion 10 deals with bodily injury to a master or member of the crew of any vessel.

In the early history of ocean marine insurance, an injured seaman could file an action in rem to seek compensation for his injury. In such an action, the seaman filed a suit directly against the ship and not the owner, thereby seeking compensation by claiming a property interest in the ship and bypassing the problem of whether or not the ship owner carried liability insurance. An endorsement did exist that provided coverage for such in rem lawsuits, but that endorsement is now obsolete since WC 00 02 01 A includes a statement that a suit or action in rem against a vessel owned by the insured is treated by the insurer as a suit against the insured himself requiring a defense by the insurance company.