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Scope of Longshore and Harbor Workers’ Compensation Act

Scope of Longshore and Harbor Workers’ Compensation Act

The Longshore and Harbor Workers’ Compensation Act applies to any employer who employs workers for maritime work or in a maritime occupation, either full-time or part-time, on the navigable waters of the United States or in adjoining waterfront areas.

The Act applies to employees who are engaged in maritime work or in a maritime occupation, including longshoremen and harbor workers such as ship repairmen, shipbuilders, and ship-breakers.

The Act does not apply to:

  • a master or member of a crew of any vessel;
  • any person engaged by a master to load or unload or repair any small vessel under 18 tons net; or
  • employees of the United States government or of any state or foreign government.

The Act does not apply to the following persons if they are covered by a state workers’ compensation law:

  • persons who are employed exclusively to perform office clerical, secretarial, security, or data processing work;
  • persons who are employed by a club, camp, recreational operation, restaurant, museum, or retail outlet;
  • persons who are employed by a marina and who are not engaged in the construction, replacement, or expansion of the marina (except for routine maintenance);
  • persons who are employed by suppliers, transporters, or vendors, are temporarily doing business on the premises of a maritime employer, and are not engaged in work that is normally performed by employees of that employer under the Act;
  • aquaculture workers;
  • persons who are employed to build, repair, or dismantle any recreational vessel under 65 feet in length; or
  • small vessel workers if they are exempt by certification of the Secretary of Labor under certain conditions.

Copyright 2011 LexisNexis, a division of Reed Elsevier Inc.