Workers’ Compensation under the Longshore Act

Workers’ Compensation under the Longshore Act

Jun 26

Most employees in the US are covered by workers’ compensation insurance, but some occupations are much more dangerous than others. One industry where worker injuries are notoriously frequent is construction, and it is immediately apparent why. However, an occupation that poses daily risks which is not so obvious is for workers in the maritime industry. Workers’ compensation for these workers is slightly different because of the terms of the Longshore and Harbor Workers’ Compensation Act (Longshore Act).

The Longshore Act is a federal law that was enacted 87 years ago in 1927, and covers workers that are not covered under the Merchant Marine Act of 1920 (Jones Act). Any attorney experienced in workers’ compensation law would be aware of this special law. It is similar to workers’ compensation for other industries in that is mandatory for eligible employers and the coverage. The Longshore Act covers compensation for:

  • Medical bills
  • Permanent or temporary total disability
  • Permanent or temporary partial disability
  • Non-scheduled permanent partial disability
  • Permanent partial disability for retirees
  • Rehabilitation

However, the Longshore Act is administered by a special division of the Office of Workers’ Compensation Programs specific to covered employees (Division of Longshore and Harbor Workers’ Compensation).  In addition, the workers’ compensation as mandated by the Longshore Act is more generous than the standard workers’ compensation package, and in 1984 the Act was amended so that eligible maritime employees would receive benefits in addition to regular workers’ compensation in accordance with a Supreme Court decision in 1980.

If you suffered a workplace injury as an eligible employee under the Longshore Act, you should know what compensation you can receive. According to the website of Habush Habush & Rottier S.C.®, you could also consult with a workers’ compensation lawyer in the area to find out of benefits are available to you under the law. These legal areas require a lot of specific paperwork that a lawyer can help you gather and understand.

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