Legal Definitions - Longshore and Harbor Workers' Compensation Act

The Longshore and Harbor Workers' Compensation Act (LHWCA) is a federal law that establishes a system of workers' compensation benefits for certain maritime employees who are injured or become ill during their work. This act specifically covers individuals who work in maritime occupations on or near navigable waters of the United States, but who do not qualify as "seamen" under other maritime laws.

The LHWCA ensures that these workers receive medical care, rehabilitation services, and compensation for lost wages due to work-related injuries or illnesses, similar to state workers' compensation programs, but tailored for the unique risks of maritime employment.

• Example 1: Dockworker Injury
  Scenario: A forklift operator, employed by a stevedoring company, is moving cargo containers on a pier at the Port of Los Angeles. While maneuvering a heavy container, the forklift malfunctions, causing the operator to suffer a severe back injury.
  Explanation: The forklift operator is a longshore worker, engaged in the loading and unloading of vessels on a dock adjacent to navigable waters. Since they are not a member of a ship's crew (a "seaman"), their work-related injury would be covered by the LHWCA, providing them with federal workers' compensation benefits for their medical treatment and lost income.

• Example 2: Offshore Oil Rig Technician
  Scenario: An instrumentation technician is performing routine maintenance on a gas pipeline connected to an offshore oil platform located on the Outer Continental Shelf off the coast of Texas. During the inspection, a sudden equipment failure causes the technician to fall and break an arm.
  Explanation: This technician is working on a fixed platform involved in mineral exploration and production activities on the Outer Continental Shelf. Even though they are offshore, they are not considered a "seaman" who navigates a vessel. Therefore, their injury falls under the scope of the LHWCA, ensuring they receive appropriate compensation and medical care.

• Example 3: Shipyard Welder
  Scenario: A welder is employed by a shipyard in Norfolk, Virginia, specializing in repairing large commercial vessels. While working inside the hull of a cargo ship undergoing extensive repairs in a dry dock, a piece of heavy equipment accidentally falls, crushing the welder's foot.
  Explanation: The welder is a maritime worker engaged in ship repair activities on a vessel in navigable waters (even while in dry dock). Since they are not part of the vessel's operating crew, their injury is covered by the LHWCA, providing them with federal workers' compensation benefits rather than state-level benefits or remedies available to seamen.