Who Qualifies for LHWCA Benefits
The Longshore and Harbor Workers’ Compensation Act provides no-fault benefits to certain maritime workers injured on the job. To qualify, a worker must meet both a status test and a situs test. Therefore, not every person who works near the water is covered.
The status test looks at the nature of the work. Covered employees include longshoremen, ship repairers, shipbuilders, and harbor workers who load, unload, or maintain vessels. Office staff, security guards, and suppliers who do not perform maritime work usually fall outside the statute. The work must involve maritime employment rather than purely land-based activity.
The situs test examines the location of the injury. The injury must occur on navigable waters or on adjoining areas customarily used for loading, unloading, repairing, or building vessels. Piers, dry docks, terminals, and shipyards typically satisfy this requirement. Injuries that occur on ordinary land away from these maritime facilities do not qualify.
Certain workers are excluded even if they meet the basic tests. Seamen covered by the Jones Act cannot claim LHWCA benefits for the same injury. Employees of the United States, members of a vessel’s crew, and some recreational facility workers are also excluded. In addition, workers covered by state workers’ compensation laws may face restrictions in some circumstances.
Once eligibility is established, benefits can include medical care, temporary or permanent disability payments, and vocational rehabilitation. The employer or its insurer pays these benefits without the need to prove negligence. However, the claim must be filed within applicable time limits.
Qualification for LHWCA benefits depends on the type of work performed and the place of injury. Workers who load, repair, or build vessels in maritime locations generally qualify. Those who do not meet both the status and situs tests must look to other compensation systems.