Legal Definitions - LHWCA

The Longshore and Harbor Workers' Compensation Act (LHWCA) is a federal law in the United States that provides workers' compensation benefits to certain maritime employees who are injured or contract an occupational disease during the course of their employment. This Act covers workers who are engaged in maritime employment on navigable waters of the United States, or in adjoining areas such as piers, docks, wharves, terminals, and other facilities used for loading, unloading, repairing, or building vessels. It ensures that these specific workers receive medical care, wage replacement, and other benefits without having to prove employer fault, similar to state workers' compensation systems, but tailored for the unique risks of maritime work.

Here are a few examples to illustrate how the LHWCA applies:

• Example 1: Injury to a Longshoreman During Cargo Operations
  Imagine a longshoreman working at the Port of Miami. While operating a crane to load large shipping containers onto a cargo vessel, a sudden malfunction causes a container to swing erratically, striking the longshoreman and causing a severe back injury. Because his work involves loading vessels on a dock adjoining navigable waters, his injury would likely fall under the LHWCA, entitling him to federal workers' compensation benefits rather than state benefits. The LHWCA specifically covers longshoremen injured in such maritime-related activities.
• Example 2: Ship Repairman Injured in a Dry Dock
  Consider a welder employed by a ship repair company. He is working on a large cruise ship that is in a dry dock for extensive maintenance and hull repairs. During his work, he suffers a serious burn injury due to a faulty welding torch. Since he is a ship repairman working on a vessel in an area directly related to maritime commerce (a dry dock), his claim for workers' compensation would typically be governed by the LHWCA, providing him with coverage for his medical treatment and lost wages.
• Example 3: Harbor Worker Injured on a Pier Moving Equipment
  A worker is employed by a stevedoring company to manage and move heavy equipment on a pier at a major port in Seattle. While operating a specialized forklift designed to transport goods to and from ships, he slips on an oily patch on the pier and breaks his arm. Even though he wasn't directly on a ship, his work on the pier, which is an "adjoining area" used for maritime commerce and directly supports the loading and unloading of vessels, means his injury would likely be covered by the LHWCA. This ensures he receives federal compensation for his medical expenses and lost income.