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Changes to the Longshore and Harbor Workers’ Compensation Act

U.S. admiralty and maritime laws exist to protect the rights of seamen and maritime workers. One of these laws is known as the Longshore and Harbor Workers’ Compensation Act (LHWCA).

Under the Longshore and Harbor Workers’ Compensation Act, injured longshoremen and stevedores can pursue benefits. In our article, Longshoremen Have Rights Too, we discuss benefits that are available to injured workers, which include medical care and financial compensation. Employers are required to pay for medical treatment, such as medical services and supplies. Financial benefits are also provided under the LHWCA that are supposed to compensate for lost income.

According to the U.S. Department of Labor’s website, “on February 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act of 2009. Included in this law is a section that amends the Longshore & Harbor Workers' Compensation Act.”

This recent amendment had to do who is covered under this law. The law defines categories of workers who are excluded from LHWCA coverage provided the workers are subject to coverage under a state workers’ compensation law. Previously, this section included individuals who were employed to build, repair or dismantle any recreational vessel under 65 feet.

The 2009 amendment to the law now encompasses:

“Individuals employed to build any recreational vessel under sixty-five feet in length, or individuals employed to repair any recreational vessel, or to dismantle any part of a recreational vessel in connection with the repair of such vessel; if [such] individuals...are subject to coverage under a State workers' compensation law.”

What does this change mean to maritime workers? It seems as though the effect is to have workers who repair recreational vessels that are more than 65 feet covered under state workers’ compensation.

The law pertaining to injured longshoremen can be confusing, which is why you should contact an experienced maritime injury lawyer following a serious injury. At the Law Offices of Vujasinovic & Beckcom P.L.L.C., we can walk you through your rights and options following a maritime accident. Contact us today at 713-224-7800 or 877-724-7800.

Be sure to order Maritime Lawyer Brian Beckcom’s informative book, Insider's Guide to Winning Your Maritime Injury Case.