Ship Lawyer Longshore and Harbor Workers Compensation 1 — Questions and Answers
Question 1: What federal statute provides workers' compensation benefits to maritime workers who do not qualify as Jones Act seamen?
- Longshore and Harbor Workers' Compensation Act (LHWCA) (Correct answer)
- Federal Employees' Compensation Act
- Maritime Workers Benefits Act
- Defense Base Act
Correct answer: Longshore and Harbor Workers' Compensation Act (LHWCA)
The LHWCA (33 U.S.C. §§ 901–950) provides no-fault workers' compensation benefits to maritime employees injured on navigable waters or adjoining land areas.
Question 2: What is the 'situs' requirement under the LHWCA for coverage eligibility?
- The injury must occur on navigable waters or an adjoining area used for maritime activity (Correct answer)
- The injury must occur on a vessel
- The injury must happen in a U.S. port
- The worker must be on a pier or dock
Correct answer: The injury must occur on navigable waters or an adjoining area used for maritime activity
Under the LHWCA, the situs requirement is met when the injury occurs on navigable waters or on adjoining areas (piers, terminals, shipyards) customarily used in loading, unloading, building, or repairing vessels.
Question 3: What is the 'status' requirement under the LHWCA and which workers does it exclude?
- The worker must be a maritime employee; secretaries, retail workers, and building employees are excluded (Correct answer)
- The worker must be a U.S. citizen
- The worker must be employed full-time
- The worker must work on a vessel
Correct answer: The worker must be a maritime employee; secretaries, retail workers, and building employees are excluded
The LHWCA's status requirement limits coverage to maritime employees — those in occupations like longshoring, ship repair, and shipbuilding — and expressly excludes office workers, retailers, and employees of clubs or recreational operations.
Question 4: Under the LHWCA, what percentage of the worker's average weekly wage is paid as temporary total disability compensation?
- Two-thirds (66⅔%) of the average weekly wage (Correct answer)
- 50% of the average weekly wage
- Full average weekly wage
- 75% of the average weekly wage
Correct answer: Two-thirds (66⅔%) of the average weekly wage
The LHWCA provides temporary total disability benefits of 66⅔% of the worker's average weekly wage, subject to statutory maximum and minimum limits.
Question 5: What is the maximum compensation period for permanent partial disability under the LHWCA's scheduled award provisions?
- It varies by body part lost, with specific numbers of weeks assigned to each member (Correct answer)
- 10 years
- Until retirement age
- 500 weeks maximum regardless of injury
Correct answer: It varies by body part lost, with specific numbers of weeks assigned to each member
The LHWCA's schedule in Section 8(c) assigns a specific number of compensation weeks to each scheduled body part (e.g., 312 weeks for an arm, 288 weeks for a leg).
Question 6: Under the LHWCA, what right does an injured worker retain against third parties whose negligence contributed to the injury?
- The right to sue third parties in tort, with the employer entitled to subrogation for compensation paid (Correct answer)
- No right — LHWCA is the exclusive remedy against everyone
- The right to sue third parties but must reimburse the employer for all benefits
- The right to sue only vessel owners
Correct answer: The right to sue third parties in tort, with the employer entitled to subrogation for compensation paid
Under LHWCA Section 33, an injured worker can pursue third-party tort claims, but the employer has a subrogation right to recover compensation benefits paid from any third-party tort recovery.
Ship Lawyer Longshore and Harbor Workers Compensation 1
What federal statute provides workers' compensation benefits to maritime workers who do not qualify as Jones Act seamen?