(December 2020)
The United States Longshore and Harbor Workers' Compensation Act (USL&HWCA) was enacted by legislation passed in 1927. It is a federal law that provides workers compensation benefits to employees who are injured or die at work in maritime employment on or near United States’ navigable waters. Work areas include facilities such as piers, docks, wharfs, freight warehouses and terminals, and drydock areas used to load and unload, or build, repair, or dismantle ships or vessels.
USL&HWCA covers employees that state and maritime laws exclude. Ship builders, ship repairers, shipbreakers, longshore workers, and harbor workers are some examples of employees the Act covers. However, the Act does not apply to masters or crew members of vessels.
The Act has some limitations. It does not apply to employees who cultivate or harvest aquatic animals or plants, vessels that are less than 18 tons, recreational vessels of any size that state workers compensation laws cover, and operations at any recreational facility or camp.
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Examples:
In both cases, the state workers compensation law responds instead. |
As indicated above, only employees in certain occupations and with specific duties directly related to the covered operations are eligible for coverage under USL&HWCA.
USL&HWCA requires that injured employees who the Act may cover first file claims for benefits under the workers compensation program in the state where the injury occurred. When or if that state denies coverage, the worker may then file a claim for benefits or compensation under USL&HWCA.
Workers are occasionally entitled to benefits under both a state program and USL&HWCA. Most rulings from recent court decisions in such cases state that the laws and benefits of the state involved are primary and take precedence over USL&HWCA. In turn, USL&HWCA is treated as excess and is usually administered on only a supplemental basis.
USL&HWCA provides compensation for disability and/or death. It also has provisions for the method to determine payment. This arrangement is similar to the corresponding arrangements in most state programs.
WC 00 01 06 A–Longshore and Harbor Workers' Compensation Act Coverage Endorsement must be attached to WC 00 00 00 C–Workers Compensation and Employers Liability Insurance Policy to provide coverage under USL&HWCA.
Three additional occupations covered under other federal acts are considered extensions of the Longshore and Harbor Workers Compensation Act. However, WC 00 01 06 A does not apply to these occupations and extensions. They are:
Coverage for employees these Acts apply to is accomplished by attaching one of the following applicable endorsements to the Workers Compensation and Employers Liability insurance Policy:
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