About
Longshore Insurance, Explained
Longshore Insurance, more formally known as Longshore and Harbor Workers' Compensation Act (LHWCA) insurance, is a specialized form of workers' compensation coverage designed to protect certain maritime workers who are not covered under traditional workers' comp or the Jones Act.
What Is Longshore Insurance?
Longshore Insurance provides compensation and medical care to employees who suffer job-related injuries or illnesses while working on or near navigable U.S. waters.
Legal Basis: LHWCA
The Longshore and Harbor Workers’ Compensation Act is a federal law enacted in 1927.
Who Needs Longshore Insurance?
Employers must carry LHWCA insurance for workers involved in:
- Loading, unloading, repairing, or building ships.
- Working on docks, piers, terminals, wharves, and shipping yards.
- Maritime construction near navigable waters.
It does not cover:
- Seamen (covered under the Jones Act)
- Office workers
- Crew members of vessels
What Does It Cover?
- 1Medical Expenses – Treatment, surgery, rehabilitation.
- 2Disability Benefits – Temporary or permanent, partial or total.
- 3Vocational Rehabilitation – Job retraining if needed.
- 4Death Benefits – For surviving dependents if the injury is fatal.
Who Provides the Insurance?
- 1Private insurers authorized by the U.S. Department of Labor
- 2Self-insured employers (with government approval)
- 3The U.S. Department of Labor oversees claims through the Office of Workers' Compensation Programs (OWCP).
Difference Between LHWCA and State Workers' Comp
| Feature | LHWCA | State Workers' Comp |
|---|---|---|
| Coverage Area | Maritime jobs near water | Varies by state |
| Type of Workers Covered | Longshoremen, dockworkers | State-level agencies |
| Type of Workers Covered | Federal (U.S. DOL) | Office, construction, retail, etc. |
| Benefits Scope | Usually broader benefits | All general workplaces in a state |
Penalties for Non-Compliance
- They can be sued in federal court by the injured worker.
- They may face civil and criminal penalties.
- Corporate officers may be held personally liable.
Final Notes
Voluntary coverage is sometimes extended to workers not strictly covered but working in maritime-adjacent roles.
There are extensions of the LHWCA for special groups: Defense Base Act (DBA), Outer Continental Shelf Lands Act (OCSLA), Nonappropriated Fund Instrumentalities Act.
Dockside Safety, Shore-Side Peace of Mind
Protecting the Hands That Move the World
Cost-Effective Longshoreman Insurance Solutions