Longshore Workers’ Comp Attorneys

Tree Tests to Get Longshore Workers Comp Benefits

The Longshore and Harbor Workers’ Compensation Act (LHWCA) provides crucial protection for dock and maritime workers who suffer job-related injuries or occupational illnesses. This specialized federal workers’ compensation program offers more comprehensive benefits than typical state workers’ compensation systems, including higher compensation rates, lifetime medical coverage for work-related conditions, and enhanced disability benefits.

However, qualifying for these superior benefits requires meeting very specific eligibility criteria that aren’t always straightforward or easy to understand.

Unlike state workers’ compensation systems that cover most employees regardless of job duties or work location, the Longshore and Harbor Workers’ Compensation Act applies only to certain maritime workers in specific settings. This targeted coverage can make it complex when determining eligibility for benefits. And courts are continuously interpreting and refining the qualifying criteria through case law decisions – making it even more complicated.

Even minor differences in job duties or work locations can determine whether an injured worker qualifies for these valuable Longshore Workers’ Compensation federal benefits or must instead rely on state compensation systems. In this article,  the experienced Long Beach Longshore Workers Comp attorneys at Cantrell Green examine each requirement in detail to help you understand whether you qualify for the superior protection of the Longshore and Harbor Workers’ Compensation Act.

Three Requirements for Longshore Workers Comp

Many injured maritime or dock workers discover too late that they’ve failed to establish their eligibility for longshore workers comp benefits, often due to misunderstanding the technical requirements or improperly documenting crucial aspects of their employment. This confusion frequently leads to claim denials that could have been avoided with proper guidance from an experienced longshore attorney at the beginning of the claims process.

At Cantrell Green in Long Beach, our experienced longshore workers’ comp attorneys have helped thousands of injured maritime workers navigate the complex eligibility requirements of the LHWCA. Through decades of specialized experience, we’ve developed a deep understanding of the three fundamental tests that determine qualification for these benefits: status, situs, and disability.

Understanding these three basic requirements for collecting longshore workers’ comp can mean the difference between receiving the comprehensive coverage you deserve and being left with inadequate benefits through other systems. If you’ve been injured while performing maritime work, knowing how these three critical tests apply to your specific situation can significantly impact your benefits and financial security during recovery.

(1.) “Status Test” for Longshore Workers Comp

To be eligible for Longshore Workers Comp, and injured worker must meet the statutory definition of “maritime employee”. The Longshore Act defines an eligible employee as any person who is engaged in maritime employment, including:

• longshoremen;
• harbor workers;
• ship repairmen;
• shipbuilders;
• ship-breakers;
• ship loading or unloading workers;
• others performing traditional maritime employment.

However, there are express “exceptions” that are specifically excluded from the definition of a maritime employee. And while these excepted class cannot collect Longshore Workers Comp, their employer must covered them under their state’s workers’ compensation law.

Employees excluded from Longshore Workers Comp are:

• Employees who exclusively perform office clerical, secretarial, security or data processing work;
• Employees of a marina who are not engaged in construction, replacement or expansion of the marina (except routine maintenance);
• Employees of suppliers, transporters or vendors who are temporarily working on the site of a covered employer, but who are not engaged in the same type of work normally performed by employees of the maritime employer;
• Employees who build any recreational vessel under sixty-five feet in length, or who repair or dismantle any part of a recreational vessel;
• Masters or crew members of any vessel;
• Employees of the United States government or of any state or foreign government;

Employees whose injuries were caused solely by their own intoxication, as well as employees whose injuries were due to their own willful intention to harm themselves or others are also ineligible for Longshore Workers Comp.

(2.) “Situs Test” for Longshore Workers Comp

Next, the “Situs Test” for Longshore Workers Comp looks at where the workplace injury or death occurred.  To qualify for Longshore Workers Comp benefits the injury must have occurred:

• Upon the navigable waters of the United States, or
• On any adjoining pier, wharf, dry dock, terminal, building way, marine railway, or
• On any other adjoining area customarily used by an employer in loading, unloading, repairing, or building a vessel.

Navigable waters are defined as including:

• Waters subject to the ebb and flow of the tide; and
• Waters that are, have been or may be used to transport interstate or foreign commerce.

(3.) “Disability” Test for Longshore Workers Comp

Even if the employee meets the “status test”, and the location of the injury meets the “situs test”, the worker must still prove that they are suffering from a work related disability that renders them unable to earn the same wages that the employee was receiving at the time of injury.

A medical doctor must certify that the employee is not able to work.

If the injured employee shows he or she is unable to return to work for medical reasons and is still recuperating from the work injury, their will qualify for “temporary” Longshore benefits. However, if the injured employee can prove that their medical condition has become stable and is not expected to improve, they will qualify for “permanent” Longshore Workers Compensation.

Similarly, if the employee can prove that they cannot do any work due to the work-related injury, they will be eligible for “total” disability payments. However, if they can only show that they cannot do the same they were doing before, but can work in a light or modified job, they will qualify for “partial” Longshore Workers Compensation.

 Long Beach Longshore Workers Comp Attorneys

If you were injured or made ill while working on a dock or in a maritime environment, we encourage you to call on our skilled and experienced Long Beach Longshore Workers Comp attorneys. We have obtained millions of dollars in settlements for longshore, maritime and dock workers in Long Beach, Southern California and across the United States.

We offer a free consultation to evaluate your Longshore Workers Comp case and advise you on the best legal avenue to pursue in your unique situation, to ensure you collect the maximum compensation for which you qualify.

Free Long Beach Longshore Workers Comp Consultation: 800-964-8047