Guide · Maritime
Longshore and Harbor Workers' Compensation: A Comprehensive Guide to Status, Situs, Benefits, Vessel Negligence, and Borrowed Employees
33 U.S.C. § 902
- Type
- Guide
- Jurisdiction
- National
- Date
- 2024-09-24
- Topic
- Maritime
This guide covers the longshore and harbor workers' compensation scheme from coverage through review. It begins with the two coverage tests — status and situs — and the seaman exclusion that separates this regime from the seamen's tort remedies, then traces how the covered zone was extended landward and where the courts have drawn its limits. Benefit chapters cover the average weekly wage determination that drives everything, the disability categories, the exclusivity of the schedule for enumerated losses, medical benefits, and death benefits. Separate chapters address the negligence action against the vessel that survived the abolition of unseaworthiness, the three duties that define it, and the dual capacity problem where the employer owns the vessel. Later chapters cover the third-party consent requirement that forfeits future benefits, the employer's lien, the borrowed employee doctrine, the outer continental shelf extension, procedure and the statutory presumptions, modification, attorney fees, and review.
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