Workers' Compensation Claims Under The Longshore And Harbor Workers' Compensation Act

The Longshore and Harbor Workers' Compensation Act (LHWCA)

, known commonly as simply the Longshore Act, is a set of Federal workers' compensation laws that mandate maritime employers to have insurance coverage for work injuries and occupational diseases for workers who are injured or become ill while working on the navigable waters of the United States, or in adjoining areas, and for certain other classes of workers covered by extensions of this Act.

In most cases in California, maritime workers whose work-injuries are covered under the LHWCA also qualify for coverage under State law at the same time. Although the benefits structure is similar between the two systems, in some cases, the amount of workers' compensation benefits under the LHWCA is greater than that under the State system and injured workers are allowed to choose the larger benefit.

Although duplicate benefits are not allowed, injured workers do have the right to choose the larger benefit from either the State or Federal system when both jurisdictions apply concurrently to a single worker's compensation claim. This dual jurisdiction is a great advantage for injured California maritime workers.

In order for a work-injury to qualify for coverage under the LHWCA the injury must have happened at a covered job, you must be a covered employee, and the employer must be a covered maritime employer.

A job site covered by the LHWCA must meet the definition of "situs." This includes:

- Navigable waters of the United States;

- Adjoining pier;

- Wharf;

- Dry dock;

- Terminal;

- Building way;

- Marine railway; or

- Other adjoining area customarily used by an employer in loading, unloading, repairing, dismantling or building a vessel.

A covered employee must meet the definition of "status." This includes:

- Longshoremen or anyone engaged in longshore work;

- Winch operators;

- Hold men;

- Clerks and checkers;

- Dock men;

- Forklift operators;

- Warehousemen performing any tasks related to longshoring operations;

- Harbor workers;

- Ship repairmen;

- Shipbuilders;

- Ship-breakers;

- Pile-drivers and any workers constructing wharves, piers, sewer outfalls, or any facility used to help navigation or maritime commerce.

A qualifying maritime employer is one that falls under the broad definition of any employer whose employees are employed in maritime employment.

The LHWCA also specifically excludes certain workers from coverage. These include:

- An officer or employee of the United States or any of its agencies;

- An employee of any State;

- A municipal employee;

- An agent of any foreign government;

- An employee whose injury is caused solely by his own intoxication;

- An employee whose injury occurs solely as a result of his attempt to injure or kill himself or another;

- Office clerical workers covered under State law;

- Personnel for a club, camp, recreational operation, restaurant, museum, or retail outlet covered under State law;

- Marina personnel covered under State law;

- Employees of any suppliers, vendors, or transporters doing business on the premises of the maritime employer temporarily and who do not normally do the type of work performed by the employees of the maritime employer, and are otherwise covered under State law;

- Aquaculture workers involved in commercial cultivation and harvest of aquatic plants and animals covered under State law;

- Personnel involved in the construction, repair, or dismantling of any recreational vessel under sixty-five feet in length who are covered under State law;

- A member or master of a crew of any vessel;

- Anyone hired by a master to unload, load, or repair any small vessel weighing less than eighteen tons net.

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by: David Park

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