The Longshore and Harbor Workers' Compensation Act provides benefits to offshore employees who were injured or killed in a work-related accident. Maritime workers from Louisiana may be interested in understanding if the LHWCA coverage could protect them and their families in the event of a workplace accident.
Under the act, an employee or officer of the U.S., state government or similar agency may not qualify for this type of compensation. Moreover, the act may not provide compensation to any employee that suffered an injury in an accident that he or she caused while in a state of intoxication nor if he or she attempted to purposefully kill or injure him or herself.
Compensation provided under this act covers employees who suffered a disability while working on the navigable waters of the U.S. If the worker suffers a fatal injury, his or her family shall receive the benefits. Coverage also applies to maritime employees who were injured while working on a marine railway, building way, terminal, dry dock, wharf or places that are used for vessel construction or repair.
Injured workers who are involved in the dismantling, repairing and building of small-sized vessels while on shore are also not eligible to receive the coverage. The coverage only applies to employees injured on U.S. navigable waters or if they are working on any bordering pier, dock, wharf or on a facility on land used for dry-docking, lifting or hauling vessels. Individuals employed at an on-land facility used for launching vessels are also eligible for compensation.
Workers who have experienced a maritime accident might consider contacting a local attorney who has a complete understanding of the Longshore and Harbor Workers' Compensation Act. A lawyer may be able to assist the injured worker or the family of a deceased worker to recover the full amount of benefits they are eligible to receive.
Source: United States Department of Labor, "Division of Longshore and Harbor Workers' Compensation (DLHWC)", October 21, 2014