Insurance Q&A of the Week: Is a Surfing Instructor a Sailor?
A surfing instructor is injured on the job, and the carrier says w/c coverage doesn't apply but the Jones Act does. What's correct?
August 16, 2021 at 06:42 AM
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Our insured provides Surf Instruction. One of their employees was injured while holding 2surfboards. One under each arm along shoreline. IW braced himself for the impact of strong wave, resulting in him dislocating shoulder. The WC Carrier is denying coverage stating WC does not apply to surf instructors and the Jones Act applies. In reviewing the Jones Act, that seems to be related to employees working on sea vessels and not merely a surf instructor.Question: 1. Would WC apply to this injured surf instructor?2. If WC does not apply, do you know of endorsements or other type of policies that may apply for an injured surf instructor while injured on the job?
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