What is the status test for compensation under the Longshore and Harbor Workers’ Compensation Act?

Large Ship Being Loaded While DockedSince 1927, the Longshore and Harbor Workers’ Compensation Act (LHWCA) has provided federal benefits to some maritime workers who are hurt on the job. According to Section 2(3), only maritime workers who are performing certain job-related tasks are eligible for LHWCA benefits.

This Is Known as the Status Test

Generally, in order to qualify for LHWCA benefits, a worker must perform maritime-related job duties. Some maritime workers who are eligible for LHWCA benefits include:

  • Longshoremen
  • Shipbuilders and repairmen
  • Shipyard workers
  • Waterfront crane operators
  • Terminal workers
  • Maritime construction workers
  • Civilian workers on overseas military bases
  • Workers on oil wells, natural gas wells, and other offshore facilities dealing with the natural resources of the Outer Continental Shelf
  • Civilians employed in post exchanges on military bases and those who are paid to boost the morale of United States military troops

Some of the workers who are not covered by the LHWCA include:

  • Workers covered by the Jones Act
  • People who perform office tasks such as secretarial work
  • Security personnel
  • Maritime workers who got hurt while they were drunk
  • Maritime workers who meant to hurt themselves or others
  • Government employees
  • People who work in businesses near harbors and ports and who are covered by state workers’ compensation laws

These people may be able to recover workers’ compensation benefits in other ways. However, if you are one of the people who does qualify for LHWCA benefits pursuant to the status test, then it is time to consider whether you also meet the requirements for the situs test found in section 3(a) of the law.

Find Out If You Qualify for LHWCA Benefits ASAP

Your time to file for federal workers’ compensation benefits pursuant to the LHWCA is very short. Accordingly, we encourage you to contact our New York longshoreman injury lawyers today for a free and confidential consultation about your rights. We will make sure that you pursue a fair and just recovery pursuant to the right law. Call us or start a live chat with us now to learn more.

 

Paul T. Hofmann
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Focused on personal injury, with an emphasis on maritime, railroad and construction worker tort claims.