WC & EL / PART ONE / RULE VII:

There is no limit of liability in the Standard Policy for Part One – Workers’ Compensation.  The policy provides all benefits required by any workers’ compensation law of a state listed in Item 3.A. of the Information Page.

1. Limit of Liability
   1. There is no limit of liability for employees subject to the New York Workers Compensation Law. The “New York Limit of Liability Endorsement” (WC 31 03 08), which must be attached to every policy affording New York coverage, provides for unlimited liability for employees subject to the New York Workers’ Compensation Law. Since there is no limit of liability for these employees, no additional or minimum premium is to be charged.
   2. A Standard limit of liability of $100,000 is applicable to non–subject employees.

   Note: Non-Subject Employees refers to those employees or employments which are not statutorily covered under the New York Workers’ Compensation Law. Examples of Non-Subject Employees include duly ordained, commissioned or licensed priests, ministers, or rabbis; masters and members of crews of vessels operating on navigable waterways, longshore employees working on navigable waterways, railroad employees engaged in interstate commerce, and employees subject to the laws of other states.

2. Accident Limit – Non-Subject Employees

   The limit of liability under Part Two for Bodily Injury by Accident applies to all bodily injury arising out of any one accident.

3. Disease Limit – Non-Subject Employees

   The limit of liability under Part Two for Bodily Injury by Disease – each employee – applies as a separate limit to bodily injury by disease to any one employee.  The limit of liability for Bodily Injury by Disease – policy limit – applies as an aggregate limit for all bodily injury by disease, regardless of the number of employees who sustain bodily injury by disease.

4. Show Limits on the Information Page

   The limits of liability under Part Two, which must be stated in 3.B. of the Information Page, apply only to Non-Subject Employees.

5. Increased Limits – Non-Subject Employees

   The limits under Part Two may be increased, subject to the following:

   1. The limits of liability must be the same for all states specified in Item 3.A. of the Information Page.
   2. The additional premium for increased limits is determined by multiplying the total premium for employees not subject to the New York Workers’ Compensation Law by the percentage in the following “Table for Increased Limits.” It should not be less than the minimum premium shown in the Table.  This minimum premium is in addition to the policy minimum premium at standard limits of liability. The minimum premium for increased limits applies even though coverage for increased limits may have been added during the policy term.  The increased limits percentage shall be applied to the total premium prior to the application of the expense constant, experience rating modification, premium discount, retrospective rating adjustment, schedule rating, and deductible credits.
      
      

      TABLE FOR INCREASED LIMITS
      Limits of Liability	Percentage	Minimum Premium for Increased Limits
      (000 omitted)		100.00
      $500/500/500	1.7%	150.00
      1,000/1,000/1,000	2.8%	175.00
      2,000/2,000/2,000	4.3%	200.00
      3,000/3,000/3,000	5.3%	225.00
      4,000/4,000/4,000	6.1%	250.00
      5,000/5,000/5,000	6.8%	260.00
      6,000/6,000/6,000	7.4%	270.00
      7,000/7,000/7,000	7.9%	280.00
      8,000/8,000/8,000	8.3%	280.00
      9,000/9,000/9,000	8.7%	290.00
      10,000/10,000/10,000	9.0%	300.00

      
      
      
   3. The premium for increased limits is subject to experience rating modification, adjustment for premium discount, retrospective rating, schedule rating, and deductible credits.
   4. Percentages and minimum premiums for limits not shown in the Table above can be found in the Table 1 below.

Bodily injury by accident each accident limit and bodily injury by disease each employee limit ($000 omitted).

There is no limit of liability in the Standard Policy for Part One – Workers’ Compensation.  The policy provides all benefits required by any workers’ compensation law of a state listed in Item 3.A. of the Information Page.

1. Limit of Liability
   1. There is no limit of liability for employees subject to the New York Workers Compensation Law. The “New York Limit of Liability Endorsement” (WC 31 03 08), which must be attached to every policy affording New York coverage, provides for unlimited liability for employees subject to the New York Workers’ Compensation Law. Since there is no limit of liability for these employees, no additional or minimum premium is to be charged.
   2. A Standard limit of liability of $100,000 is applicable to non–subject employees.

   Note: Non-Subject Employees refers to those employees or employments which are not statutorily covered under the New York Workers’ Compensation Law. Examples of Non-Subject Employees include duly ordained, commissioned or licensed priests, ministers, or rabbis; masters and members of crews of vessels operating on navigable waterways, longshore employees working on navigable waterways, railroad employees engaged in interstate commerce, and employees subject to the laws of other states.

2. Accident Limit – Non-Subject Employees

   The limit of liability under Part Two for Bodily Injury by Accident applies to all bodily injury arising out of any one accident.

3. Disease Limit – Non-Subject Employees

   The limit of liability under Part Two for Bodily Injury by Disease – each employee – applies as a separate limit to bodily injury by disease to any one employee.  The limit of liability for Bodily Injury by Disease – policy limit – applies as an aggregate limit for all bodily injury by disease, regardless of the number of employees who sustain bodily injury by disease.

4. Show Limits on the Information Page

   The limits of liability under Part Two, which must be stated in 3.B. of the Information Page, apply only to Non-Subject Employees.

5. Increased Limits – Non-Subject Employees

   The limits under Part Two may be increased, subject to the following:

   1. The limits of liability must be the same for all states specified in Item 3.A. of the Information Page.
   2. The additional premium for increased limits is determined by multiplying the total premium for employees not subject to the New York Workers’ Compensation Law by the percentage in the following “Table for Increased Limits.” It should not be less than the minimum premium shown in the Table.  This minimum premium is in addition to the policy minimum premium at standard limits of liability. The minimum premium for increased limits applies even though coverage for increased limits may have been added during the policy term.  The increased limits percentage shall be applied to the total premium prior to the application of the expense constant, experience rating modification, premium discount, retrospective rating adjustment, schedule rating, and deductible credits.
      
      

      TABLE FOR INCREASED LIMITS
      Limits of Liability	Percentage	Minimum Premium for Increased Limits
      (000 omitted)		100.00
      $500/500/500	1.7%	150.00
      1,000/1,000/1,000	2.8%	175.00
      2,000/2,000/2,000	4.3%	200.00
      3,000/3,000/3,000	5.3%	225.00
      4,000/4,000/4,000	6.1%	250.00
      5,000/5,000/5,000	6.8%	260.00
      6,000/6,000/6,000	7.4%	270.00
      7,000/7,000/7,000	7.9%	280.00
      8,000/8,000/8,000	8.3%	280.00
      9,000/9,000/9,000	8.7%	290.00
      10,000/10,000/10,000	9.0%	300.00

      
      
      
   3. The premium for increased limits is subject to experience or merit rating modification, adjustment for premium discount, retrospective rating, schedule rating, and deductible credits.
   4. Percentages and minimum premiums for limits not shown in the Table above can be found in the Table 1 below.

Bodily injury by accident each accident limit and bodily injury by disease each employee limit ($000 omitted).

A policy may be written to provide employers’ liability insurance exclusively, not in combination with workers’ compensation insurance.  Such a policy shall exclude any obligation to pay workers’ compensation benefits.

The standard limits of liability for employers’ liability insurance without workers’ compensation insurance are:

The limit of liability for Bodily Injury by Accident applies to all bodily injury arising out of any one accident.

The limit of liability for Bodily Injury by Disease – each employee – applies as a separate limit to bodily injury by disease to any one employee.  The limit of liability for Bodily Injury by Disease – policy limit – applies as an aggregate limit for bodily injury by disease, regardless of the number of employees who sustain bodily injury by disease.

Note: An aggregate limit is the maximum amount of damages that an insurer will pay for claims occurring during the policy period.

The standard limits for employers’ liability insurance may be increased. If higher limits of liability apply, the premium is determined based on the carrier’s approved rates multiplied by the factor indicated in the following table:

1. The premium for increased limits is subject to experience or merit rating modification adjustment for premium discount, retrospective rating, schedule rating, and deductible credits.
2. Factors for limits greater than shown above are available upon request to the Rating Board, by email: increasedlimits@nycirb.org

Employers’ liability insurance may be provided for bodily injury by accident and disease. The premium for standard limits of liability, with a limit of $500 in medical expenses is subject to 10% less than the carrier’s approved rates.

The standard limits of liability under Part Two – Employers’ Liability Insurance for employees subject to voluntary compensation insurance are:

The limit of liability for Bodily Injury by Accident apples to all bodily injury arising out of any one accident.

The limit of liability for Bodily Injury by Disease – each employee – applies as a separate limit to bodily injury by disease to any one employee. The limit of Bodily Injury by Disease-policy limit - applies as an aggregate limit for all bodily injury by disease, regardless of the number of employees who sustain bodily injury by disease.

The standard limits under Part Two – Employers’ Liability Insurance for employees subject to voluntary compensation insurance may be increased. The premium for the limits is determined by using the Table for Increased Limits in this Rule.

The premium is determined based on the workers’ compensation rules and classifications of this Manual, and the carrier’s approved rates for the state Workers’ Compensation Law designated in the schedule in the “Voluntary Compensation and Employers’ Liability Coverage Endorsement” (WC 00 03 11 A).

When voluntary compensation insurance is provided for a group of employees, separate payroll records must be maintained by the employer for the designated group of employees.

The standard limits of liability under Part Two – Employers’ Liability Insurance for employees subject to foreign voluntary insurance are:

The limit of liability for Bodily Injury by Accident – each accident – applies to all bodily injury arising out of any one accident.

The limit of liability for Bodily Injury by Disease – each employee – applies as a separate limit to bodily injury by disease to any one employee.

The limit of liability for Bodily Injury by Disease – policy limit – applies as an aggregate limit for all bodily injury, regardless of the number of employees who sustain bodily injury by disease.

Repatriation expense is the cost of transporting an employee who sustained bodily injury or death by accident or bodily injury or death by disease, back to his/her home country.

The policy does not afford coverage for repatriation expenses unless a specific limit of liability for each covered employee and accident is reported in Item 2. in the Schedule of the “New York Foreign Voluntary Compensation and Employers’ Liability Coverage Endorsement” (WC 31 06 17 B).

The limits of liability for repatriation expenses for employees subject to foreign voluntary compensation insurance are:

The premium charge for the above limits of liability for the repatriation expense coverage is $375.  This premium charge of $375 is to be reported under Statistical Code 9606 “Repatriation Expense Premium Charge.”

The standard limits under Part Two – Employers’ Liability Insurance for employees subject to foreign voluntary compensation insurance may be increased.  The premium for the increased limits shall be determined by using the Table for Increased Limits in this Rule.

The limits of liability for Repatriation Expense may not be increased and are subject to the limits shown in (2) above.

The premium is determined based on the workers’ compensation rules and classifications of this Manual, and carrier’s approved rates for the state Workers’ Compensation Law designated in the schedule in the “New York Foreign Voluntary Compensation and Employers’ Liability Coverage Endorsement” (WC 31 06 17 B).

When foreign voluntary coverage is provided, payroll records must be maintained for any employees covered by the provisions of the “New York Foreign Voluntary Compensation and Employers’ Liability Coverage Endorsement” (WC 31 06 17 B).