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.

Longshore and Harbor Workers' Compensation: A Comprehensive Guide to Status, Situs, Benefits, Vessel Negligence, and Borrowed Employees

Maritime > Longshore and Harbor Workers' Compensation and the Land-Sea Divide | Published 24 September 2024 - Updated 6 March 2026 | UpLaw - uplaw.us

How to use this guide

Two questions determine whether this scheme applies at all, and they must be answered first:

The full text of this document is available to Executive subscribers and above. See plans.