The Longshore and Harbor Workers' Compensation Act provides for compensation benefit to maritime workers who are not seamen for employment injuries irrespective of the fault of the employer as well as for employment related or occupational illness. The benefits cover disability payments as well as rehabilitation packages.
When a maritime worker dies of work related injuries, benefits under the Act go to his survivors or heirs.
A comprehensive worker compensation scheme is in place under the Act for maritime workers, who are not seaman, injured on navigable waters. The Federal Department of Labor administers the Act.
This law has filled up a void in respect of coverage for benefit. While the Jones Act protects seamen, state workers’ compensation laws cover injuries occurring within a particular state but not on navigable waters. This Act covers injuries that occur to maritime workers, who are not seamen, in maritime employment on the navigable water of United States. Thus this Act has come as a much needed welcome relief to maritime workers, who are not seamen and are thus outside the ambit of either the Jones Act or state workers’ compensation laws.
Under the Act the term maritime employment covers building, repairing, loading or unloading of vessels.
Navigable water includes land that adjoins water. Accordingly a maritime worker who is injured on a pier, wharf, dry dock or terminal is also entitled to compensation under the Act. Areas for loading, unloading, repairing or building vessels are also deemed to be included in navigable waters.
An injured worker must give notice of his employment injury to the employer within 30 days of sustaining the same in terms of the said Act. An employee must give notice of his disabling condition arising out of work related illness to the employer. A formal claim must be filed with the Department of Labor within one year from injury.
An employer may either start making voluntary payments within 14 days of the accident or dispute the claim. In case of dispute there is a mandatory conciliation machinery to sort out the differences. On the failure of such conciliation mechanism, the matter is referred to an Administrative Law Judge whose decision shall be final and binding upon the parties.
An injured worker can sue any body responsible for his injury, other than the employer or any co worker, under this Act. However, he cannot sue on the ground of lack of sea worthiness of the vessel in question because that is available only to a seaman.
