Longshore & Harbor Workers' Compensation Act/LHWC (6)

I think that the expression “independent contractor” is used too often in different contexts to mean different things. This results in confusion regarding the term. I would like to contribute to the...

What about divers? Are they covered by the Longshore Act or are they crewmembers under the Jones Act and general maritime law? As usual, many coverage questions produce conditional opinions, and...

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...

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...

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...

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...

What Is a Subdivision of a State Government?This question concerns employees who may or who may not be covered by the Longshore and Harbor Workers’ Compensation Act, depending on who the employer...

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”....

What Is the Difference Between State Act Comp and the Longshore and Harbor Workers’ Compensation Act? One is state and the other is federal. Wow! That one was easy. Next!.....What? Not buying it?...

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. ...

As I’ve said, over the years the same Longshore questions have been coming up again and again, and now with AEUs Longshore BLOG there’s a source where these questions can be answered. So here’s my...