Longshore Attorneys For Longshore & Harbor Workers Compensation Act Claim
New Orleans based Lavis Law Firm – Personal Injury & Accident Attorney knows The Longshore and Harbor Workers Compensation Act (LHWCA). The Longshore Act is administered by the U. S. Department of Labor Office of Workers’ Compensation Programs. The Act provides for no-fault benefits including, but not limited to, indemnity payments and medical care for certain employees disabled from injuries on navigable waters of the United States, or in adjoining areas customarily used in loading, unloading, repairing, or building a vessel.
The Act also offers benefits to dependents if the injury causes the employee’s death. These benefits are paid by an insurance company or by an employer who is authorized by the U.S. Department of Labor’s Office of Workers’ Compensation Programs to be self-insured. The term “injury” includes occupational disease arising out of employment.
How Do I Know If I am a Longshore Harbor Worker?
The Longshore Act covers employees engaged in maritime work or in maritime occupation – including longshore and harbor workers, shipbuilders, shipbreakers, and other maritime employees. To be covered, an injured employee must meet both the Situs and Status test of the LHWCA.
SITUS TEST requires an employee to be engaged in maritime employment in whole or in part upon the navigable waters of the United States. This includes adjoining wharves, dry-docks, piers, terminals, building ways, or other adjoining areas customarily used by an employer in loading, unloading, repairing, or building a vessel.
STATUS TEST requires that employees be engaged in maritime employment