Read about all things USL&H, including the latest trends in safety, claims handling, recent Longshore court cases, and more.
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Uninsured Employers Under the Longshore and Harbor Workers’ Compensation Act
There are employers who need coverage under the Longshore and Harbor Workers’ Compensation Act (LHWCA) (33 U.S.C. sections 901 et seq.) but don’t have it. These employers have employees who met the...
The Longshore Act: Familiar Terms, Different Meanings
Maritime employers, brokers, and claims professionals often find that Longshore terminology sounds familiar until a claim puts those words to the test. Terms such as situs, status, injury,...
The Coverage Divide: Jones Act vs Longshore Act
A recurring issue for maritime employers continues to be the uncertain boundary separating the Jones Act and the Longshore and Harbor Workers’ Compensation Act. In this Longshore Insider blog,...
Part Two: Review of Insurance Compliance Provisions Under the Longshore Act
In Part One, we reviewed the provisions in the Longshore and Harbor Workers’ Compensation Act (LHWCA, the Act, or the Longshore Act) that deal with the maritime employer’s obligation to insure...
Part One: Review of Insurance Compliance Provisions Under the Longshore Act
We’ve discussed several times the provisions outlining what constitutes exposure under the Longshore and Harbor Workers’ Compensation Act (LHWCA). We’ve also periodically reviewed the important...
Shifting Boundaries of Navigable Waters | Part Three
Does the Longshore and Harbor Workers’ Compensation Act (LHWCA) cover an employee injured on the high seas or in foreign territorial waters in the course of his maritime employment? In other words,...
The Shifting Boundaries of Navigable Waters | Part Two
The term "navigable waters of the United States" might sound straightforward, but as courts continue to show, its meaning can shift significantly depending on the legal lens being applied. In...
The Shifting Boundaries of Navigable Waters | Part One
A recent decision by the federal Fourth Circuit Court of Appeals (states of MD, WV, NC, SC, VA) offers an interesting discussion of the test for federal maritime jurisdiction and, specifically, the...
5 Things You May Not Know About the Longshore Act
The U.S. Longshore and Harbor Workers’ Compensation Act is complex and nuanced. Unless you’re a Longshore Act expert, here are five things that you may not know about this unique workers’...
Part Three: Interesting Cases Decided During Calendar Year 2023
This Longshore Insider blog reviews interesting cases decided during calendar year 2023 relevant to the Longshore and Harbor Workers’ Compensation Act (Longshore Act) (33 U.S.C. 901 et seq.). The...
Part Two: Interesting Cases Decided During Calendar Year 2023
This Longshore Insider blog reviews interesting cases decided during calendar year 2023 relevant to the Longshore and Harbor Workers’ Compensation Act (Longshore Act) (33 U.S.C. 901 et seq.). The...
Should Employers Perform Audiograms When Employees Leave?
The U.S. Department of Labor’s (DOL) Benefits Review Board (BRB) recently decided an appeal in a seemingly routine hearing loss case (Lon S. Key v. Electric Boat Corporation, BRB No. 18-0579,...
Part One: Interesting Cases Decided During Calendar Year 2023
This Longshore Insider blog reviews interesting cases decided during calendar year 2023 relevant to the Longshore and Harbor Workers’ Compensation Act (Longshore Act) (33 U.S.C. 901 et seq.). The...
Fifth Circuit Decision Could Have Impact on Louisiana Maritime Employers
In this blog, I will be discussing a decision of the federal Fifth Circuit Court of Appeals in the case of Lynn Barrosse; Raegan Holloway; McKenzie Stricker v. Huntington Ingalls, Inc., formerly...
What’s the Difference Between the Jones Act and the Longshore Act?
There’s a big difference. And for maritime employers, it is frequently difficult to recognize the difference between the two Acts and to choose correctly between them. The Jones Act provides seamen...
Time Limit for Filing a Claim
Section 13(a) (33 U.S.C. 913(a)) of the Longshore Act states: “Time to file. Except as otherwise provided in this section, the right to compensation for disability or death under this Act shall be...
Outer Continental Shelf Lands Act
On January 11, 2012, the U.S. Supreme Court issued its decision in the case of Pacific Operators Offshore LLP v. Valladolid, which I discussed here on January 19, 2012. In Valladolid the issue was...
Part 4: Interesting Cases Decided During Calendar Year 2022
This is Part 4 of the Longshore Insider blog series examining the circumstances surrounding unique cases decided during 2022.
Form LS-202, Employer’s First Report of Injury or Occupational Illness
In the world of workers' compensation, reporting injuries in a timely manner is important. Section 30(a) of the Longshore Act lays out a deadline for reporting injuries or deaths. Failure to report...