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Scope of Longshore and Harbor Workers’ Compensation Act

The Longshore and Harbor Workers’ Compensation Act applies to any employer who employs workers for maritime work or in a maritime occupation, either full-time or part-time, on the navigable waters of the United States or in adjoining waterfront areas.

The Act applies to employees who are engaged in maritime work or in a maritime occupation, including longshoremen and harbor workers such as ship repairmen, shipbuilders, and ship-breakers.

The Act does not apply to:

 

  • a master or member of a crew of any vessel;
  • any person engaged by a master to load or unload or repair any small vessel under 18 tons net; or
  • employees of the United States government or of any state or foreign government.

The Act does not apply to the following persons if they are covered by a state workers’ compensation law:

 

  • persons who are employed exclusively to perform office clerical, secretarial, security, or data processing work;
  • persons who are employed by a club, camp, recreational operation, restaurant, museum, or retail outlet;
  • persons who are employed by a marina and who are not engaged in the construction, replacement, or expansion of the marina (except for routine maintenance);
  • persons who are employed by suppliers, transporters, or vendors, are temporarily doing business on the premises of a maritime employer, and are not engaged in work that is normally performed by employees of that employer under the Act;
  • aquaculture workers;
  • persons who are employed to build, repair, or dismantle any recreational vessel under 65 feet in length; or
  • small vessel workers if they are exempt by certification of the Secretary of Labor under certain conditions.

Copyright 2012 LexisNexis, a division of Reed Elsevier Inc.