The Longshore and Harbor Workers’ Compensation Act applies to any employer who employs workers for maritime work or in a maritime occupation, either full-time or part-time, on the navigable waters of the United States or in adjoining waterfront areas.
The Act applies to employees who are engaged in maritime work or in a maritime occupation, including longshoremen and harbor workers such as ship repairmen, shipbuilders, and ship-breakers.
The Act does not apply to:
- a master or member of a crew of any vessel;
- any person engaged by a master to load or unload or repair any small vessel under 18 tons net; or
- employees of the United States government or of any state or foreign government.
The Act does not apply to the following persons if they are covered by a state workers’ compensation law:
- persons who are employed exclusively to perform office clerical, secretarial, security, or data processing work;
- persons who are employed by a club, camp, recreational operation, restaurant, museum, or retail outlet;
- persons who are employed by a marina and who are not engaged in the construction, replacement, or expansion of the marina (except for routine maintenance);
- persons who are employed by suppliers, transporters, or vendors, are temporarily doing business on the premises of a maritime employer, and are not engaged in work that is normally performed by employees of that employer under the Act;
- aquaculture workers;
- persons who are employed to build, repair, or dismantle any recreational vessel under 65 feet in length; or
- small vessel workers if they are exempt by certification of the Secretary of Labor under certain conditions.
Copyright 2011 LexisNexis, a division of Reed Elsevier Inc.