Who Is Covered by the Longshore and Harbor Worker Compensation Act?

The Longshore and Harbor Worker Compensation Act (LHWCA) offers disability compensation and medical care to employees who suffer injuries on the navigable waters of the United States or in adjoining areas related to the vessel. The LHWCA also provides vocational rehabilitation and support for the dependents of an employee in the event of an employee’s death.

As explained by the U.S. Department of Labor, the LHWCA covers employers who employ workers for maritime work or in a maritime occupation, either full- or part-time, on the navigable waters of the United States or in adjoining waterfront areas. It also covers employees engaged in maritime work or in maritime occupations. This includes longshoremen or any harbor worker.

According to the U.S. Department of Labor, the LHWCA does not cover many individuals if their state Worker compensation laws covers them. This includes:

  • Office clerical, secretarial, security or data processing workers
  • Aquaculture workers
  • Individuals employed to work on any recreational vessel under 65 feet in length
  • Workers employed by a club, camp, retail outlet, restaurant, museum or recreational operation
  • Individuals employed by a marina, but who are not engaged in the marina’s construction, replacement or expansion
  • Individuals who are not engaged in work normally performed by employees of employers covered under the LHWCA
  • A master or member of a crew of any vessel
  • Any person who loads, unloads or repairs a small vessel
  • United States, state or foreign government employees

If you have been injured performing maritime work, an experienced Florida attorney can help ensure you receive the compensation you deserve.

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