Like any injury compensation system, the system set up by the Longshore and Harbor Workers' Compensation Act has various eligibility rules. Among these rules are rules limiting who is covered under the act. Today we will talk about what workers do not qualify for coverage under the act.
A worker is not covered by the LHWCA if they are not engaged in maritime occupation/work.
However, not all maritime workers are eligible for coverage. Certain workers are outright excluded from coverage by the act. These workers are: state employees, federal employees, employees of foreign governments, vessel crew members, vessel masters and individuals involved in the repairing/unloading/loading of vessels below a certain weight as a result of being engaged to do so by a master.
Workers Who Are Excluded from the LHWCA
Also, the act excludes certain workers from LHWCA coverage if they qualify for workers’ comp coverage under the workers' comp system of the applicable state. These workers include: aquaculture employees, workers who dismantle/repair/build recreational vessels under a certain length, retail outlet employees, museum employees, camp employees, restaurant employees, club employees, recreational operation employees, certain marina workers, certain small vessel workers and workers exclusively employed for office clerical/security/secretarial/data-processing work.
Now, a maritime worker being excluded from LHWCA coverage does not mean the worker has no compensation-seeking options following suffering a workplace injury. They may qualify for state workers' compensation or they may be eligible to take certain other legal actions, like making a Jones Act claim. Experienced attorneys can help injured maritime workers understand what specific compensation-pursuing options they have given their particular job position and other aspects of their particular situation.
Contact Our Longshore & Harbor Attorneys Today
If you have been injured, talk with the lawyers at Hofmann & Schweitzer, even if you’re not sure whether you have a claim. We’ll discuss your situation, help you determine whether you have a viable claim, and explain your rights and options. Our legal team has a comprehensive understanding of LHWCA, and we have helped many maritime workers qualify and obtain maximum compensation after a work injury. Some statutes of limitation give injured longshoremen and other marine workers as little as 30 days to file a claim, so it is vital to get started with your case as soon as possible.
Contact us online or call us directly at 800.362.9329 to schedule a free consultation with an experienced attorney from Hofmann & Schweitzer.
