Contact the experienced employment law attorneys at Maya Murphy, P.C. today at (203) 221-3100 or JMaya@Mayalaw.com.
The Longshore and Harbor Workers’ Compensation Act (LHWCA), is a federal law that provides for the payment of compensation, medical care, and vocational rehabilitation services to employees disabled from on the job injuries that occur on the navigable waters of the United States, or in adjoining areas customarily used in the loading, unloading, repairing, or building of a vessel. The LHWCA further provides for payment of survivor benefits to dependents if the work-injury causes, or contributes to, the employee’s death. Any benefits are typically paid by the self-insured employer or by a private insurance company on the employer’s behalf. Under the LHWCA, the term, “injury,” includes occupational diseases, hearing loss and illnesses arising out of employment.
Under the most usual circumstances, the LHWCA covers employees employed in traditional maritime occupations such as longshore workers, ship-repairers, shipbuilders or ship-breakers, and harbor construction workers. Further, in order to qualify for benefits, any and all injuries must have occurred on the navigable waters of the United States, or in the adjoining areas, including piers, docks, terminals, wharves, and those areas used in loading and unloading vessels. Non-maritime employees may also be covered if he or she performs their work on navigable water and their injuries occur there.
It is important to note that along with the expansive definition of employees covered, the LHWCA contains just as an expansive a list of workers who are precluded from coverage. The LHWCA specifically excludes the following individuals: (a) seamen (masters or members of a crew of any vessel); (b) employees of the United States government or of any state or foreign government; (c) employees whose injuries were caused solely by their intoxication; and (d) employees whose injuries were due to their own willful intention to harm themselves or others.
Further, if an employee who may be qualified under LHWCA is covered by state workers compensation laws, such employees may be denied coverage under the LHWCA. These types of employees would include: (a) individuals employed exclusively to perform office clerical, secretarial, security, or data processing work; (b) individuals employed by a club, camp, recreational operation, restaurant, museum, or retail outlet; (c) individuals employed by a marina and who are not engaged in construction, replacement, or expansion of such marina (except for routine maintenance); (d) individuals who, (A) are employed by suppliers, transporters, or vendors, (B) are temporarily doing business on the premises of a maritime employer, and (C) are not engaged in work normally performed by employees of that employer covered under the Act; (e) aquaculture workers; (f) individuals employed to build any recreational vessel under sixty-five (65) feet in length, or to repair any recreational vessel, or to dismantle any part of a recreational vessel in connection with the repair of such vessel; and (g) small vessel workers, if exempt by certification of the Secretary of Labor under certain conditions.
If you are an employer or an employee and are seeking information regarding the LHWCA, contact the experienced employment law attorneys today at 203-221-3100, or by email at JMaya@mayalaw.com. We have the experience and knowledge you need at this critical juncture. We serve clients in both New York and Connecticut including New Canaan, Bridgeport, White Plains, and Darien.
Source: dol.gov
