Under the Longshore and Harbor Workers’ Compensation Act, a qualified worker who has been injured on the job may be able to recover temporary or permanent benefits for either partial or total disability. He or she may also seek reimbursement or payment of all reasonable or necessary medical care related to the injury.

To qualify for benefits under the LHWCA, you must meet the criteria of the “situs,” or location, test. This component of the LHWCA looks at where you worked to determine your eligibility for benefits. Under the terms of the statute, only persons who work on, near or adjacent to navigable waters may obtain benefits for injuries sustained on the job.

“On, Near or Adjacent to Navigable Waters” Defined

Essentially, this means that the injured person must have either been on a ship/boat/vessel, or working somewhere where boats were docked. Accordingly, for purposes of qualifying for benefits, a worker on a wharf, dock, pier or terminal who is injured in the course of employment will likely meet the situs test.

So how near is near? There is no hard and fast rule, but once you are more than a mile from a location where ships dock or are worked on, it becomes less likely that you will qualify for benefits. A recent opinion from the U.S. Court of Appeals for the 5th Circuit (Louisiana) held that the injury location must actually adjoin or abut navigable waters. If there is any property between the location of the injury and the nearest navigable water, the LHWCA does not apply.

Contact Uliase & Uliase

At Uliase & Uliase, our attorneys have considerable knowledge of laws governing federal workers. To schedule an appointment, contact our office online or call us at (856) 310-9002. We will meet with you weekdays between 9 a.m. and 5 p.m. We offer a free consultation for injured workers.