About

Longshore Insurance, more formally known as Longshore and Harbor Workers’ Compensation Act (LHWCA) insurance, is a specialized form of workers’ compensation coverage designed to protect certain maritime workers who are not covered under traditional workers’ comp or the Jones Act.

Here’s a detailed overview:

🔍 What Is Longshore Insurance?

Longshore Insurance provides compensation and medical care to employees who suffer job-related injuries or illnesses while working on or near navigable U.S. waters. It also provides benefits to survivors if the worker dies as a result of the job.

👷 Who Needs Longshore Insurance?

Employers must carry LHWCA insurance for workers involved in:

  • Loading, unloading, repairing, or building ships.

  • Working on docks, piers, terminals, wharves, and shipping yards.

  • Maritime construction near navigable waters.

It does not cover:

  • Seamen (covered under the Jones Act)

  • Office workers

  • Crew members of vessels

📜 Legal Basis: LHWCA

The Longshore and Harbor Workers’ Compensation Act is a federal law enacted in 1927. It mandates compensation coverage for maritime workers injured on navigable waters of the U.S. or adjoining areas like docks and piers.

💼 What Does It Cover?

  1. Medical Expenses – Treatment, surgery, rehabilitation.

  2. Disability Benefits – Temporary or permanent, partial or total.

  3. Vocational Rehabilitation – Job retraining if needed.

  4. Death Benefits – For surviving dependents if the injury is fatal.

🏢 Who Provides the Insurance?

  • Private insurers authorized by the U.S. Department of Labor

  • Self-insured employers (with government approval)

  • The U.S. Department of Labor oversees claims through the Office of Workers’ Compensation Programs (OWCP).

🔄 Difference Between LHWCA and State Workers’ Comp

Feature LHWCA State Workers’ Comp
Coverage Area Maritime jobs near water All general workplaces in a state
Type of Workers Covered Longshoremen, dockworkers Office, construction, retail, etc.
Administration Federal (U.S. DOL) State-level agencies
Benefits Scope Usually broader benefits Varies by state

⚖️ Penalties for Non-Compliance

If an employer fails to carry LHWCA coverage when required:

  • They can be sued in federal court by the injured worker.

  • They may face civil and criminal penalties.

  • Corporate officers may be held personally liable.

📝 Final Notes

  • Voluntary coverage is sometimes extended to workers not strictly covered but working in maritime-adjacent roles.

  • There are extensions of the LHWCA for special groups:

    • Defense Base Act (DBA)

    • Outer Continental Shelf Lands Act (OCSLA)

    • Nonappropriated Fund Instrumentalities Act