Longshore and Harbor Workers’ Compensation Act
Encyclopedia
The Longshore and Harbor Workers' Compensation Act, , commonly referred to as the "Longshore Act" or "LHWCA" is the statutory workers' compensation
scheme, first enacted in 1927, that covers certain maritime workers, including most dock workers and maritime workers not otherwise covered by the Jones Act. In addition, Congress has extended the LHWCA to cover non-appropriated fund employees (i.e. AAFES employees), Outer Continental Shelf
workers, and U.S. government contractors working in foreign countries.
The LHWCA is administered by the Division of Longshore and Harbor Workers' Compensation, a division of the Office of Workers' Compensation Programs
of the United States Department of Labor
.http://www.dol.gov/esa/owcp/dlhwc/lscontac.htm
Generally speaking, a worker covered by the LHWCA is entitled to temporary compensation benefits of 2/3 his average weekly wage while undergoing medical treatment, and then either to a scheduled award for injury to body parts enumerated in or 2/3 of the workers' loss of earning capacity.
In 1972, the Longshore Act was amended to extend coverage landward for maritime workers. In 1980, the U.S. Supreme Court held that the Longshore Act did not supplant state workers’ compensation laws, but supplemented them (Sun Ship v. Pennsylvania, 447 U.S. 715 (1980)). In 1984, Congress amended the Longshore Act, but did not invalidate Sun Ship, so concurrent jurisdiction was preserved.
Workers' compensation
Workers' compensation is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence...
scheme, first enacted in 1927, that covers certain maritime workers, including most dock workers and maritime workers not otherwise covered by the Jones Act. In addition, Congress has extended the LHWCA to cover non-appropriated fund employees (i.e. AAFES employees), Outer Continental Shelf
Outer Continental Shelf
The Outer Continental Shelf is a peculiarity of the political geography of the United States and is the part of the internationally recognized continental shelf of the United States which does not fall under the jurisdictions of the individual U.S...
workers, and U.S. government contractors working in foreign countries.
The LHWCA is administered by the Division of Longshore and Harbor Workers' Compensation, a division of the Office of Workers' Compensation Programs
Office of Workers' Compensation Programs
The Office of Workers' Compensation Programs administers four major disability compensation programs which provide wage replacement benefits, medical treatment, vocational rehabilitation and other benefits to certain workers or their dependents who experience work-related injury or occupational...
of the United States Department of Labor
United States Department of Labor
The United States Department of Labor is a Cabinet department of the United States government responsible for occupational safety, wage and hour standards, unemployment insurance benefits, re-employment services, and some economic statistics. Many U.S. states also have such departments. The...
.http://www.dol.gov/esa/owcp/dlhwc/lscontac.htm
Generally speaking, a worker covered by the LHWCA is entitled to temporary compensation benefits of 2/3 his average weekly wage while undergoing medical treatment, and then either to a scheduled award for injury to body parts enumerated in or 2/3 of the workers' loss of earning capacity.
In 1972, the Longshore Act was amended to extend coverage landward for maritime workers. In 1980, the U.S. Supreme Court held that the Longshore Act did not supplant state workers’ compensation laws, but supplemented them (Sun Ship v. Pennsylvania, 447 U.S. 715 (1980)). In 1984, Congress amended the Longshore Act, but did not invalidate Sun Ship, so concurrent jurisdiction was preserved.
See also
- Defense Base ActDefense Base ActThe Defense Base Act is an extension of the federal workers' compensation program that covers longshoremen and harbor workers, the Longshore and Harbor Workers' Compensation Act . The DBA covers persons employed at United States defense bases overseas...
- extension to LHWCA covering some U.S. workers overseas, including U.S. civilian contractors in Iraq and Afghanistan - Seaman status in United States admiralty lawSeaman status in United States admiralty lawThe status of a seaman in admiralty law provides maritime workers with protections such as payment of wages, working conditions, and remedies for workplace injuries under the Merchant Marine Act of 1920 , and the doctrines of "unseaworthiness," and "maintenance and cure." Each of these remedies...