Understanding Coverage Under the Longshore Act

The Longshore and Harbor Workers’ Compensation Act (LHWCA), commonly referred to as the Longshore Act, is a federal workers’ compensation law that provides benefits to maritime employees who are injured on the job or suffer from occupational diseases. While the Act covers a broad range of maritime occupations, this article will focus on its application to shipyard workers, including shipbuilders and pipefitters, who play a critical role in the maritime industry.

Who is Covered Under the Longshore Act?

The Longshore Act provides coverage for employees who work in maritime occupations, particularly those engaged in the loading, unloading, repairing, or building of vessels. Specifically, the Act applies to workers who meet two key criteria:

1. Status Requirement: The worker must be employed in a maritime occupation, such as shipbuilding, ship repair, or other harbor-related activities.

2. Situs Requirement: The injury must occur on, near, or adjacent to navigable waters, including docks, piers, shipyards, and other maritime worksites.

Shipyard workers, including shipbuilders and pipefitters, often meet both the status and situs requirements, making them eligible for coverage under the Longshore Act.

Shipyard Workers and the Longshore Act

Shipyards are bustling hubs of maritime activity, where workers build, repair, and maintain vessels. The Longshore Act covers many of the occupations found in shipyards, including:

1. Shipbuilders

   Shipbuilders are responsible for constructing new vessels, a process that involves welding, assembling, and installing various components. Given that shipbuilding occurs on or near navigable waters, shipbuilders typically satisfy both the status and situs requirements of the Longshore Act. Injuries sustained during the construction process, such as falls from scaffolding or injuries from heavy machinery, are generally covered under the Act.

2. Pipefitters

   Pipefitters in shipyards install and maintain the complex piping systems that are essential for a vessel’s operation. This includes working on systems for fuel, water, and waste disposal. Pipefitters often work in confined spaces and face hazards such as exposure to toxic substances, welding injuries, and repetitive motion injuries. Because their work is integral to shipbuilding and repair, pipefitters are typically covered under the Longshore Act.

3. Ship Repairers

   Ship repairers are responsible for maintaining, refurbishing, and repairing vessels to ensure they remain seaworthy. Their work includes fixing hull damage, replacing worn-out parts, and upgrading ship systems. Because their duties are directly tied to maritime operations and often performed on or near navigable waters, ship repairers are typically covered under the Longshore Act.

4. Welders

   
   Welders in the maritime industry assemble and repair metal structures on ships, such as hulls, decks, and frames. They use specialized equipment to join metal components, ensuring the structural integrity of vessels. Given that welding is a critical part of shipbuilding and repair, and often performed in shipyards or docks, welders are generally covered under the Longshore Act.

5. Electricians

   
   Maritime electricians install, maintain, and repair electrical systems on ships, including wiring, lighting, and navigation equipment. Their work ensures the safe and efficient operation of a vessel’s electrical infrastructure. Since their duties are integral to maritime operations and performed in covered worksites, electricians are typically eligible for Longshore Act protections.

6. Painters and Sandblasters

   
   Painters and sandblasters prepare and protect ship surfaces by removing rust, applying coatings, and painting hulls and decks. Sandblasters use high-pressure equipment to clean surfaces, while painters apply protective layers to prevent corrosion. Their work is essential for maintaining vessel longevity and is performed in shipyards or docks, making them covered under the Longshore Act

Key Considerations for Shipyard Workers

While the Longshore Act provides robust protections for shipyard workers, there are several important considerations to keep in mind:

1. Exclusive Remedy: The Longshore Act is generally the exclusive remedy for covered workers, meaning they cannot sue their employer for negligence. However, third-party claims may be possible if a non-employer party (e.g., a equipment manufacturer) contributed to the injury.

2. Overlap with State Workers’ Compensation: In some cases, shipyard workers may be covered by both the Longshore Act and state workers’ compensation laws. However, the Longshore Act typically takes precedence for maritime employees.

3. Occupational Diseases: The Act covers not only traumatic injuries but also occupational diseases, such as hearing loss, respiratory conditions, or illnesses caused by exposure to hazardous materials. Shipyard workers, including pipefitters, are particularly vulnerable to such conditions due to the nature of their work.

Common Challenges in Longshore Act Claims

Shipyard workers seeking benefits under the Longshore Act may face certain challenges, including:

• Proving Coverage: Workers must demonstrate that their job duties and worksite meet the status and situs requirements of the Act.

• Employer Disputes: Employers or their insurance carriers may dispute the extent of an injury or whether it occurred in the course of employment.

• Complex Claims Process: Filing a claim under the Longshore Act can be complex, requiring detailed documentation and adherence to strict deadlines.

To navigate these challenges, injured shipyard workers should consider consulting with an attorney experienced in Longshore Act claims to ensure their rights are protected.

Conclusion

The Longshore Act provides essential protections for shipyard workers, including shipbuilders and pipefitters, who face unique risks in their demanding roles. By understanding the Act’s coverage requirements and the specific challenges that may arise, shipyard workers can better protect their rights and secure the benefits they deserve in the event of a workplace injury or illness.

If you are a shipyard worker and believe you may be covered under the Longshore Act, it is crucial to seek legal guidance to ensure your claim is handled properly. Contact Frontline Law Firm LLC to see if you are eligible to file a claim if you have been injured.

This article is for informational purposes only and does not constitute legal advice. For specific questions about your coverage under the Longshore Act, consult a qualified maritime attorney.