| The Longshore and Harbor Workers' | | | | - Dock men; |
| Compensation Act (LHWCA), known commonly | | | | - Forklift operators; |
| as simply the Longshore Act, is a set of Federal | | | | - Warehousemen performing any tasks related to |
| workers' compensation laws that mandate | | | | longshoring operations; |
| maritime employers to have insurance coverage | | | | - Harbor workers; |
| for work injuries and occupational diseases for | | | | - Ship repairmen; |
| workers who are injured or become ill while | | | | - Shipbuilders; |
| working on the navigable waters of the United | | | | - Ship-breakers; |
| States, or in adjoining areas, and for certain other | | | | - Pile-drivers and any workers constructing |
| classes of workers covered by extensions of this | | | | wharves, piers, sewer outfalls, or any facility used |
| Act. | | | | to help navigation or maritime commerce. |
| In most cases in California, maritime workers | | | | A qualifying maritime employer is one that falls |
| whose work-injuries are covered under the | | | | under the broad definition of any employer whose |
| LHWCA also qualify for coverage under State law | | | | employees are employed in maritime employment. |
| at the same time. Although the benefits structure | | | | The LHWCA also specifically excludes certain |
| is similar between the two systems, in some | | | | workers from coverage. These include: |
| cases, the amount of workers' compensation | | | | - An officer or employee of the United States or |
| benefits under the LHWCA is greater than that | | | | any of its agencies; |
| under the State system and injured workers are | | | | - An employee of any State; |
| allowed to choose the larger benefit. | | | | - A municipal employee; |
| Although duplicate benefits are not allowed, injured | | | | - An agent of any foreign government; |
| workers do have the right to choose the larger | | | | - An employee whose injury is caused solely by |
| benefit from either the State or Federal system | | | | his own intoxication; |
| when both jurisdictions apply concurrently to a | | | | - An employee whose injury occurs solely as a |
| single worker's compensation claim. This dual | | | | result of his attempt to injure or kill himself or |
| jurisdiction can be used to great advantage for | | | | another; |
| the injured worker. | | | | - Office clerical workers covered under State law; |
| In order for a work-injury to qualify for coverage | | | | - Personnel for a club, camp, recreational |
| under the LHWCA the injury must have happened | | | | operation, restaurant, museum, or retail outlet |
| at a covered job, you must be a covered | | | | covered under State law; |
| employee, and the employer must be a covered | | | | - Marina personnel covered under State law; |
| maritime employer. | | | | - Personnel for suppliers, transporters, or vendors |
| A job site covered by the LHWCA must meet | | | | temporarily doing business on the premises of the |
| the definition of "situs." This includes: | | | | maritime employer who do not normally do the |
| - Navigable waters of the United States; | | | | type of work performed by the employees of |
| - Adjoining pier; | | | | the maritime employer and are covered under |
| - Wharf; | | | | State law; |
| - Dry dock; | | | | - Aquaculture workers involved in commercial |
| - Terminal; | | | | cultivation and harvest of aquatic plants and |
| - Building way; | | | | animals covered under State law; |
| - Marine railway; or | | | | - Personnel involved in the construction, repair, or |
| - Other adjoining area customarily used by an | | | | dismantling of any recreational vessel under |
| employer in loading, unloading, repairing, dismantling | | | | sixty-five feet in length who are covered under |
| or building a vessel. | | | | State law; |
| A covered employee must meet the definition of | | | | - A member or master of a crew of any vessel; |
| "status." This includes: | | | | - Anyone engaged by a master to load, unload, or |
| - Longshoremen or anyone engaged in longshore | | | | repair any small vessel under eighteen tons net. |
| work; | | | | To find out more about this subject, search for |
| - Winch operators; | | | | other articles by the same author or visit the |
| - Hold men; | | | | author's website. |
| - Clerks and checkers; | | | | |