Longshore Attorneys Blog

Longshore Attorneys Explain Benefits for Maritime vs. Land-Based Injury

Maritime and dock work rarely fit into neat categories. A single employee might spend one day loading cargo ships and the next repairing equipment in a warehouse several miles inland. When an injury occurs, the question becomes: which system of compensation applies?

For maritime employees, the Longshore and Harbor Workers’ Compensation Act (LHWCA) provides federal benefits for injuries sustained “upon the navigable waters of the United States” or in adjoining areas like docks, piers, or shipyards. But the line between maritime and land-based employment isn’t always clear. Courts frequently wrestle with whether a worker’s duties are sufficiently connected to maritime activity to qualify for Longshore benefits.

In this article, the Orange County longshore attorneys at Cantrell Green explain how jurisdictional boundaries under the LHWCA are determined, why they matter, and what injured workers should know if their job duties span both maritime and inland roles.

Understanding Jurisdiction in Longshore Cases

The LHWCA was created to fill the gap between state workers’ compensation and federal maritime law. Before the Act, employees injured in navigable waters often fell into a “coverage hole” — excluded from both systems. Congress enacted the LHWCA in 1927 to ensure that dockworkers, shipbuilders, and harbor employees received wage replacement and medical benefits for on-the-job injuries.

Today, eligibility for Longshore benefits depends on two main tests:

• The situs test — where the injury occurred, and
• The status test — the nature of the employee’s work.

To satisfy the situs test, the injury must occur on navigable waters or an adjoining area customarily used for loading, unloading, repairing, or building vessels. The status test focuses on job duties: employees must be engaged in maritime employment or in work integral to maritime operations.

The Orange County longshore attorneys at Cantrell Green explain that both elements must be met for federal coverage. If either fails, the claim typically falls under California’s state workers’ compensation system instead.

When Maritime and Land-Based Duties Overlap

In modern logistics and shipyard operations, workers frequently shift between maritime and non-maritime duties. For instance, a longshore worker might unload cargo ships in the morning, then move the same cargo to a warehouse beyond the port’s gates in the afternoon.

Courts have consistently ruled that coverage depends on the overall character of the employment, not just where the worker was standing at the moment of injury. If an employee’s regular duties include a significant portion of maritime activity — even if part of their work occurs inland — they may still qualify for LHWCA protection.

For example, in Ford Aerospace & Communications Corp. v. Boling (1983), the Ninth Circuit Court of Appeals found that a worker who performed maintenance on equipment both inside and outside a shipyard remained covered under the LHWCA because his duties were essential to shipbuilding operations.

The Orange County longshore attorneys at Cantrell Green often see similar disputes arise in Southern California’s busy port regions, where employees divide time between dockside work and related support facilities. Determining whether an injury qualifies for Longshore coverage requires analyzing job descriptions, time allocation, and employer expectations.

Boundary Disputes and Appeals in Longshore Cases

Jurisdictional disputes are common in longshore cases because the boundaries of “navigable waters” and “adjoining areas” aren’t precisely defined. Some facilities, such as container yards, rail terminals, and logistics hubs, may sit just outside the port perimeter — creating uncertainty about whether they qualify as “adjoining.”

The U.S. Department of Labor’s Office of Administrative Law Judges (OALJ) and the Benefits Review Board (BRB) have issued numerous decisions interpreting these boundaries. Courts often consider physical proximity to navigable waters, the functional relationship to maritime activity, and the nature of the work being performed.

When coverage is denied, claimants can appeal through the federal administrative system — first to the BRB, and then to the U.S. Court of Appeals. The Orange County longshore attorneys at Cantrell Green represent injured maritime employees through every stage of this process, ensuring that jurisdictional nuances and factual details are fully presented.

Key Differences Between Longshore and State Workers’ Compensation

Although the LHWCA and California workers’ compensation share some similarities, the benefits and procedures differ. Under the LHWCA, injured workers generally receive:

• Full coverage of medical treatment for work-related injuries;
• Two-thirds of average weekly wages during temporary total disability; and
• Permanent disability benefits calculated under federal schedules.

Unlike state workers’ compensation, the LHWCA allows employees to choose their own physician and includes broader protections for occupational diseases related to shipyard and dock work. It also covers employees of private maritime employers — not government workers or seamen, who fall under different laws.

For workers straddling the maritime boundary, understanding which system applies can dramatically affect compensation levels and rights to medical care. The Orange County longshore attorneys at Cantrell Green review each case individually to determine which forum provides the most favorable benefits and whether federal or state jurisdiction should be pursued.

Recent Trends Affecting Longshore Coverage

As ports modernize and automation expands, the definition of “maritime employment” continues to evolve. Employees who once worked exclusively on docks now manage computer systems, operate cranes remotely, or oversee intermodal transfers. Courts increasingly focus on whether these duties remain integral to maritime commerce.

For example, workers involved in maintaining cargo-handling equipment or directing vessel loading operations typically retain coverage, while those performing purely administrative or inland trucking functions may not.

The Orange County longshore attorneys at Cantrell Green monitor these developments closely, helping clients stay informed as technology changes how maritime work is performed — and how Longshore coverage is interpreted.

Practical Steps for Injured Workers

Employees injured in potentially maritime-related jobs should report their injury immediately and document their work duties in detail. Job descriptions, location maps, and time logs can all be important evidence in proving eligibility under the LHWCA.

Because jurisdictional disputes are fact-intensive, early consultation with an attorney familiar with both federal and state systems is critical. Filing in the wrong system can lead to delays, duplicate proceedings, or missed deadlines.

The Orange County longshore attorneys at Cantrell Green guide injured workers through these complex jurisdictional issues — from initial claim filing to appeals — ensuring that no benefit is lost due to confusion about where the claim belongs.

Longshore Attorneys | Orange County

Determining whether an injury qualifies for Longshore benefits or falls under California’s state system isn’t always straightforward. Coverage often depends on the fine details of where the injury occurred and how closely the employee’s work is tied to maritime activity. The Orange County longshore attorneys at Cantrell Green have decades of experience handling these complex jurisdictional cases, representing longshore workers, shipyard employees, and dock laborers throughout Southern California.

If you’ve been injured while performing maritime or port-related duties and aren’t sure which benefits apply, schedule an appointment with Cantrell Green to discuss your situation. Their attorneys can evaluate your job duties, determine eligibility under the LHWCA, and help you obtain the compensation you deserve.
.

Orange County Longshore Attorneys: 800-964-8047