Donald D. Olman

Rassner, Rassner
and Olman

Specializing in maritime personal injury matters and longshoremen compensation cases

Alan C. Rassner

BRIEF SUMMARY OF APPLICABLE LAW

INTRODUCTION

                       The following brief summaries of these laws are obviously not meant to cover every aspect of them.  They may sound simple but the interpretation and application of these statutes can be very complicated and there are literally hundreds of cases involving injured workers. Benefits payable under these statues may be sharply contested by employers and their insurance companies. There are various time limits which may result in a loss of rights if they are not complied with.

LONGSHORE AND HARBOR WORKERS’ COMPENSATION ACT (LHWCA)

                        Every state in the United States has a workers’ compensation law.  These laws generally provide that if an employee is accidentally injured or becomes ill, arising out of and in the course of employment, the employee is entitled to medical benefits and a portion of salary during some period of disability.  There are death benefits to next of kin as well.  The jurisdiction of the states, however, ends at the waters edge.  The Federal Government generally has jurisdiction over the navigable waters of the United States and, in order to provide workers’ compensation benefits to longshoremen, shipyard workers and harbor workers who may be injured while working over water, in 1927, Congress enacted the Longshore and Harbor Workers’ Compensation Act.  In 1972 Congress amended the law to extend coverage to injuries occurring on land near the water so that workers would not lose coverage when they stepped on land during the course of their jobs.  The LHWCA pays greater benefits than most state workers’ compensation laws.

                        Other employees fell outside the jurisdiction of state compensation laws.  So to cover them Congress passed the Defense Base Act and the Nonappropriated Fund Instrumentalities Act and thus avoided having to pass new compensation schemes.

DEFENSE BASE ACT

                        In 1941, by enacting the Defense Base Act, Congress made the Longshore and Harbor Workers’ Compensation Act applicable to various civilian employees injured as a result of employment outside of the continental United States.  Employees covered generally include those working on certain military bases and those working for contractors who have contracts with the United States to perform work outside the United States.  As a result of the war in Iraq and its aftermath there have been many cases under the Defense Base Act involving employees of contractors injured not only in Iraq itself but in that part of the world.

NONAPPROPRIATED FUND INTRUMENTALITIES ACT

                        This statute, passed in 1952, made the Longshore and Harbor Workers’ Compensation Act applicable to civilian employees working for such organizations as the Army and Air Force Exchange Service (AAFES), Navy exchanges, Marine exchanges, etc.  Coverage includes persons working in or outside the United States, but there are some limitations.

JONES ACT

                        The Longshore and Harbor Workers’ Compensation Act does not apply to the master or member of a crew of any vessel (seamen).  Pursuant to the LHWCA an injured employee is entitled to benefits whether the employee is at fault, the employer is at fault, a third person is at fault or no one is at fault.  However, even if the employer is at fault, the employee cannot sue his employer.  The Jones Act is different: it gives an injured seaman the right to sue his employer and, if successful, to recover not only medical expenses and lost wages, but damages for pain and suffering as well.  Damages for pain and suffering are not available under the LHWCA.  Seamen can also sue under the theory of “unseaworthiness”, and additionally recover certain benefits under the ancient doctrine of “maintenance and cure”.

CONTACT:

Tel: (516) 626-2470

DOlman@RRandO.com
ARassner@RRandO.com