State Workers Compensation Law v. the Longshore & Harbor Workers Compensation Act

The question often arises – which applies, state workers’ compensation law or the Longshore & Harbor Workers’ Compensation Act (LHWCA)? Many injuries to workers on the waterfront fall within the coverage provided by both state law and the LHWCA.

There have been many cases where this issue has come up. If you are a shipbuilder, repairer, stevedore or longshoreman and you have been injured on the job, you need to understand what coverage may be available to you.

The following are various cases involving compensation for injured longshoremen and similar workers:

• Sun Ship, Inc. v. Pennsylvania – The Supreme Court held that the Longshore and Harbor Workers’ Compensation Act does not preempt state workers’ compensation law.

• Southern Pacific Co. v. Jensen – This case involved a notorious 1917 decision that “some applications of state workers’ compensation law may be unconstitutional because they cut too deeply into federal maritime primacy,” according to a paper written by two law professors, David W. Robertson and Michael F. Sturley.

• Uphold v. Illinois Workers’ Compensation Commission – The court ruled that a worker who was hurt while cleaning a barge on the Mississippi River was prohibited from pursing state workers’ compensation coverage because of the obvious availability of compensation under the LHWCA.

• St. Mary’s Regional Medical Center v. Bath Iron Works – The Maine Supreme Court ruled that a worker who is injured within the coverage of both state workers’ compensation law and the LHWCA can pursue the more favorable remedy, which could mean that the worker first collects under one system and then under the other later.

The law is complex regarding injured longshoremen. To find out if you are entitled to compensation, contact an experienced maritime attorney at the Law Offices of Vujasinovic & Beckcom, P.L.L.C. at 713.224.7800 or 877.724.7800.

Be sure to order Maritime Lawyer Brian Beckcom’s book, Insider's Guide to Winning Your Maritime Injury Case. This book is one that the company and insurer do not want you to read. Order your copy to find out why.