Longshore Act coverage more generous than state plans

Posted On: Feb. 25, 2007 12:00 AM CST

Roberto Ceniceros

The U.S. Longshore and Harbor Workers' Compensation Act is administered by the Department of Labor's Employment Standards Administration.

It requires compensation and medical care for employees injured on the navigable waters of the United States, or in adjoining areas used in loading, unloading, repairing or building a vessel.

The Longshore Act also provides dependent benefits. The benefits can be paid by an insurer or employers authorized by the Department of Labor's Office of Workers' Compensation Programs to self-insure.

Under the act, an employee may obtain medical treatment from a physician of his or her choice, unlike many state workers comp systems. The term "physician" includes medical doctors, surgeons, podiatrists, dentists, clinical psychologists, optometrists and osteopathic practitioners.

According to the Labor Department, the Longshore Act excludes coverage for:

Individuals employed exclusively to perform office clerical, secretarial, security or data processing work.

Individuals employed by a club, camp, recreational operation, restaurant, museum or retail outlet.

Individuals employed by a marina who are not engaged in construction, replacement or expansion of such marina.

Individuals who are employed by suppliers, transporters or vendors; are temporarily doing business on the premises of a maritime employer; and are not engaged in work that is normally performed by employees of an employer that is covered under the act.

Aquaculture workers.

And individuals employed to build, repair or dismantle any recreational vessel less than 65 feet in length.