Ship unloadingThe Longshore and Harbor Workers’ Compensation Act (LHWCA), a federal statute, provides benefits to injured maritime workers. In some respects, the benefits under the LHWCA are better than under most states workers’ compensation schemes. However, to qualify for benefits, you must first meet the “status” test, demonstrating that the nature of the work you were doing qualifies you for benefits under the Act.

Meeting the Status Test in the LHWCA

The status test requires that the work being done be considered “maritime” work. Certain types of employees almost always meet the status test. Persons who assist with loading and unloading cargo ships or vessels are generally covered, even if they are never in a ship on navigable waters. In addition, anyone who repairs, builds or tears down a ship on navigable waters is entitled to seek benefits under the LHWCA, as are truck drivers who haul shipping containers from cargo ships (as well as the mechanics who maintain and repair those trucks).

The courts generally require, however, that a significant part of a worker’s activities have something to do with either marine transport, or with the water. Accordingly, someone who works exclusively or primarily in an administrative capacity will likely fail to meet the status test.

The LHWCA also has some specific exclusions, such as:

  • Officers and crew members of a ship (these individuals can seek damages under the Jones Act for any injuries suffered)
  • Marina employees who are not involved in construction, repair, replacement or expansion of marina facilities
  • Persons employed to build, repair or maintain recreational vehicles less than 65 feet long
  • Workers in fish farming operations

Contact the Attorneys at Uliase & Uliase

At Uliase & Uliase, we have a thorough understanding of the federal workers’ compensation laws. If you have been hurt on the job and want to schedule an appointment, contact our office online or call us at (856) 310-9002. We will meet with you weekdays between 9 a.m. and 5 p.m. We offer a free consultation for injured workers.