Ship Lawyer Longshore and Harbor Workers Compensation

Question 1

What federal statute provides workers' compensation benefits to maritime workers who do not qualify as Jones Act seamen?

Accepted Answer

Longshore and Harbor Workers' Compensation Act (LHWCA)

Answer

Federal Employees' Compensation Act

Answer

Maritime Workers Benefits Act

Answer

Defense Base Act

Question 2

What is the 'situs' requirement under the LHWCA for coverage eligibility?

Accepted Answer

The injury must occur on navigable waters or an adjoining area used for maritime activity

Answer

The injury must occur on a vessel

Answer

The injury must happen in a U.S. port

Answer

The worker must be on a pier or dock

Question 3

What is the 'status' requirement under the LHWCA and which workers does it exclude?

Accepted Answer

The worker must be a maritime employee; secretaries, retail workers, and building employees are excluded

Answer

The worker must be a U.S. citizen

Answer

The worker must be employed full-time

Answer

The worker must work on a vessel

Question 4

Under the LHWCA, what percentage of the worker's average weekly wage is paid as temporary total disability compensation?

Accepted Answer

Two-thirds (66⅔%) of the average weekly wage

Answer

50% of the average weekly wage

Answer

Full average weekly wage

Answer

75% of the average weekly wage

Question 5

What is the maximum compensation period for permanent partial disability under the LHWCA's scheduled award provisions?

Accepted Answer

It varies by body part lost, with specific numbers of weeks assigned to each member

Answer

10 years

Answer

Until retirement age

Answer

500 weeks maximum regardless of injury

Question 6

Under the LHWCA, what right does an injured worker retain against third parties whose negligence contributed to the injury?

Accepted Answer

The right to sue third parties in tort, with the employer entitled to subrogation for compensation paid

Answer

No right — LHWCA is the exclusive remedy against everyone

Answer

The right to sue third parties but must reimburse the employer for all benefits

Answer

The right to sue only vessel owners