About
Longshore Insurance, more formally known as Longshore and Harbor Workers’ Compensation Act (LHWCA) insurance, is a specialized form of workers’ compensation coverage designed to protect certain maritime workers who are not covered under traditional workers’ comp or the Jones Act.
Here’s a detailed overview:
🔍 What Is Longshore Insurance?
Longshore Insurance provides compensation and medical care to employees who suffer job-related injuries or illnesses while working on or near navigable U.S. waters. It also provides benefits to survivors if the worker dies as a result of the job.
👷 Who Needs Longshore Insurance?
Employers must carry LHWCA insurance for workers involved in:
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Loading, unloading, repairing, or building ships.
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Working on docks, piers, terminals, wharves, and shipping yards.
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Maritime construction near navigable waters.
It does not cover:
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Seamen (covered under the Jones Act)
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Office workers
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Crew members of vessels
📜 Legal Basis: LHWCA
The Longshore and Harbor Workers’ Compensation Act is a federal law enacted in 1927. It mandates compensation coverage for maritime workers injured on navigable waters of the U.S. or adjoining areas like docks and piers.
💼 What Does It Cover?
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Medical Expenses – Treatment, surgery, rehabilitation.
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Disability Benefits – Temporary or permanent, partial or total.
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Vocational Rehabilitation – Job retraining if needed.
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Death Benefits – For surviving dependents if the injury is fatal.
🏢 Who Provides the Insurance?
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Private insurers authorized by the U.S. Department of Labor
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Self-insured employers (with government approval)
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The U.S. Department of Labor oversees claims through the Office of Workers’ Compensation Programs (OWCP).
🔄 Difference Between LHWCA and State Workers’ Comp
Feature | LHWCA | State Workers’ Comp |
|---|---|---|
Coverage Area | Maritime jobs near water | Varies by state
|
Type of Workers Covered | Longshoremen, dockworkers | State-level agencies |
Type of Workers Covered | Federal (U.S. DOL) | Office, construction, retail, etc. |
Benefits Scope | Usually broader benefits | All general workplaces in a state |
⚖️ Penalties for Non-Compliance
If an employer fails to carry LHWCA coverage when required:
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They can be sued in federal court by the injured worker.
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They may face civil and criminal penalties.
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Corporate officers may be held personally liable.
📝 Final Notes
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Voluntary coverage is sometimes extended to workers not strictly covered but working in maritime-adjacent roles.
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There are extensions of the LHWCA for special groups:
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Defense Base Act (DBA)
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Outer Continental Shelf Lands Act (OCSLA)
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Nonappropriated Fund Instrumentalities Act