Who Is Covered Under the LHWCA?
Longshore, Shipyard, & Harbor Workers
The two tests
Coverage under the Act generally turns on two things: the nature of your work and the location where you were hurt.
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The work. The act covers employees in traditional maritime occupations such as longshore workers, ship repairers, shipbuilders, ship breakers, and harbor construction workers.
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The place. The injury has to occur on the navigable waters of the United States or in an adjoining area customarily used for loading, unloading, repairing, or building vessels. That includes piers, docks, terminals, wharves, and the yards and areas used in vessel operations.
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Workers who aren't in maritime occupations can still be covered if they perform their work on navigable water and are injured there.
Jobs commonly covered around the ports
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Longshoremen and gang workers
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Crane and container-handling equipment operators
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Checkers and clerks working the terminal
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Lashers and dock workers
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Shipyard and ship repair workers, including welders, fitters, riggers, and painters
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Ship breakers
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Harbor and pier construction workers
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Terminal and cargo-handling workers
Who the Act excludes
The Act specifically excludes masters and crew members of a vessel. Seamen who are covered by the Jones Act instead. It also excludes employees of federal, state, or foreign governments, and injuries caused solely by intoxication or by a worker's deliberate attempt to hurt themselves or someone else.
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Several other categories are excluded only if they covered by state workers' compensation law. Those include people employed exclusively in office clerical, secretarial, security, or data processing work; employees of clubs, camps, restaurants, museums, retail outlets, and recreational operations; most marina employees; suppliers and vendors temporarily on a maritime employer's premises; aquaculture workers; and workers building or repairing recreational vessels under sixty-five feet.
The Jones Act line
The Jones Act and the LHWCA cover different people and do not overlap. The dividing question is whether you're a master or member of a crew of a vessel. Whether your job connects you to a vessel in navigation and contributes to its function or mission. If it does, you're likely a Jones Act seaman. If it doesn't and you're doing maritime work on or near the water, you're likely under the LHWCA.
If you aren't sure
Most people aren't, and that's normal. Coverage questions are legal questions, and they get decided by the Department of Labor and the courts. Not by your employer, and not by a clinic. What we can tell you is that we treat injuries from all of the job categories above, and our intake staff knows how to document your job duties and the location of your injury so the record is clear from the first visit.
Navigating Your Medical Rights
Under the LHWCA, you have the right to choose your own physician. You are not required to see a doctor selected by your employer or insurance carrier. This ensures your medical care is focused solely on your recovery and accurate documentation of your injury.
Have questions about your claim or need a medical evaluation?