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

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?

Accepted Answer

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

Answer

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?

Accepted Answer

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

Answer

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?

Accepted Answer

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

Answer

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?

Accepted Answer

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

Answer

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).

Ship Lawyer Practice Test

Ship Lawyer Practice Test

Ship Lawyer Longshore and Harbor Workers Compensation