Jurisdiction in LHWCA Cases Depends on Situs

Types : Alerts

In order to be covered by the Longshoreman and Harbor Workers’ Compensation Act (LHWCA), an employee must prove that his injury occurred in an “area adjoining navigable waters customarily used by the employer in loading or unloading a vessel,” such as a dock or pier. When an employee of a stevedore was injured in a facility in New Orleans about 300 yards from the Intracoastal Canal, near a radiator shop, an auto repair shop and other manufacturers, the injury was not covered by the LHWCA. (New Orleans Depot Services v. Director, Office of Workers’ Compensation Programs).

This article is from Montgomery McCracken’s Fall/Winter 2013 Maritime and Transportation Newsletter.