What it does
Part Two exclusion 12 of the standard policy removes damages payable under the Migrant and Seasonal Agricultural Worker Protection Act (29 USC Sections 1801–1872). WC 00 01 11 (Ed. 7-92) deletes that exclusion for the work described in Item 4 or its Schedule, treats that work as though it were in an Item 3.A. state, and states that the policy covers damages payable under the act.
Who needs it
NCCI's notes explain that the act makes agricultural employers, agricultural contractors and agricultural associations liable for bodily injuries sustained by an employee due to intentional violation of the act or its regulations. Growers, packers and farm labor contractors that use migrant or seasonal crews, and that want their employers liability coverage to respond to those suits, need the endorsement.
Key provisions
- The Schedule describes the work and its location.
- Covers MSPA damages only for bodily injury to employees; it is not a general wage-and-hour or housing compliance coverage.
Quoting and selling notes
- Ask whether the insured registers as a farm labor contractor, provides worker housing or transportation, and whether crews are hired through contractors.
- Wisconsin's rating bureau lists WC 00 01 11 among the NCCI endorsements not accepted in Wisconsin.
Related forms
Domestic and agricultural workers exclusion WC 00 03 15; base policy WC 00 00 00.
