How about a short review of some of the coverage issues that arise between the boundaries that separate the Longshore Act from other remedies available to the injured worker? Some of these issues...

This question comes up regularly. And, as usual, I don’t have a straight answer; just some thoughts on how to deal with the question. So, leaving a discussion of “situs” for another time, do truck...

Have you ever noticed that the conversations among lawyers who specialize in the Longshore Act frequently seem to consist of cryptic, single word references? The code word is usually a reference to...

Section 902(3) of the Longshore Act is the status coverage provision. It states, “The term ‘employee’ means any person engaged in maritime employment, including any longshoreman or other person...

Section 904(a) states, “Every employer shall be liable for and shall secure the payment to his employees of the compensation payable ….” Section 932(a) states, “Every employer shall secure the...

This post will highlight those sections of the Longshore and Harbor Workers’ Compensation Act that deal with fraud and other improper conduct. It will also evaluate the statutory remedies available...

1927 – The Special Fund was established by section 944 (33 U.S.C. 944) when the Longshore and Harbor Workers’ Compensation Act was enacted in 1927. It was originally funded by Congressional...

You’ve probably seen references to so-called “Perini” coverage when the issues of situs and status under the Longshore Act are being discussed. I make frequent reference to it myself, usually...

The single most important ingredient to uncovering subrogation is an early incident investigation. I cannot emphasize that enough. I have previously touched on the significance of conducting an...

The U.S. Department of Labor (DOL) administers the Longshore and Harbor Workers’ Compensation Act, and its extensions, the Defense Base Act, the Outer Continental Shelf Lands Act, and the...

Insurance carriers and brokers are puzzling through the coverage dilemmas presented by the Deepwater Horizon cleanup efforts. Are the shore side cleanup workers covered by state workers’...

PART ONE OF TWO Workers’ compensation claims are covered simultaneously by the Federal Longshore and Harbor Workers’ Compensation Act and by state’s workers’ compensation law in so called...

If you go to the U.S. Department of Labor’s website (dol.gov), find your way under Agencies to Office of Workers’ Compensation Programs and then to the Division of Longshore and Harbor Workers’...

The Longshore and Harbor Workers’ Compensation Act, enacted in 1927, was part of a socially progressive era in the United States, when sweeping changes were made in the areas of child labor, minimum...

How Do You Measure the 10 Day Rule For Paying Formal Awards Under Section 914(f)? Section 914(f) of the Longshore and Harbor Workers’ Compensation Act states, “Additional Compensation for overdue...

Can You Exclude Corporate Officers Under the Longshore Act? In answer to the previous question regarding joint and several liability we saw how much trouble the corporate officers of an uninsured...

What Does “Joint and Several” Liability Mean? And What Does “Several Not Joint” Liability Mean? And Why Is This Very Important? As Yogi Berra never said, “Sometimes I chew more than I bite off”....

Can Small Employers Opt Out of Coverage Under the Longshore and Harbor Workers’ Compensation Act? There are some states where small employers as defined in the state insurance law, or even large...

We have a long way to go in our effort to cover each of the Top Ten Longshore Act questions. Last time we looked at Number 15 – Does the Longshore Act apply overseas? Now it’s time to look at...

Does the Longshore Act apply on the high seas and in the territorial waters of other nations? The answer is, “YES”, without qualification or condition. Except for the qualifications and conditions. ...