A Longshore harbor worker injury in California or Hawaii can be career ending. The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal workers’ compensation act that provides workers’ compensation for maritime employees, and also covers civilian employees on military bases worldwide (under a federal law called the Defense Base Act). Conlogue Law LLP represents injured Longshore workers in California and Hawaii to maximize their benefits.
Involved In A Longshore Harbor Worker Injury
With respect to maritime accidents, the Longshore Act covers longshoremen and harbor workers, as well as others who work on docks, shipping terminals, and shipyards. Longshore benefits are available to maritime employees who meet the so-called status and situs tests.
The Status Test has to do with the nature of the work that the maritime employee performs. The key is performing maritime work so the employee is eligible for benefits under the Longshore Act. Maritime duties must comprise at least some of the employee’s work for the employer. These include longshoremen, harbor workers, ship repairmen, shipbuilders, and ship-breakers. Even drivers of the trucks that take containers away from the ships, and the mechanics who repair those trucks, are usually entitled to benefits under the Longshore Act because they also contribute to the maritime nature of their employer’s business. There are some exclusions, so call the Conlogue Law LLP to see if your accident is covered.
The Situs Test has to do with the location where the work is performed. Only maritime employees who work on, near, or adjacent to navigable water are covered under the Longshore Act. This includes on a ship or vessel, as long as the employee is not a crew member, and on adjoining piers, wharfs, dry docks, terminals, or other areas used in loading, unloading, repairing, dismantling, or building a vessel.
Some shipyards and shipping terminals are pretty large and even sprawl into the adjoining neighborhoods. Contact Conlogue Law LLP to see if your harbor injury meets the situs test.
We represent longshore harbor workers in Los Angeles, Long Beach, San Diego, NASSCO workers, throughout California, Honolulu, Oahu, Maui, Lanai, Kauai, and throughout Hawaii. Call us at (213) 255-8837 for a free consultation.