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Purpose
The Longshore & Harbor Workers’ Compensation Act (L & H Act) is
administered by the U.S. Department of Labor, Office of Workers’ Compensation
Programs. It is a federal workers’ compensation law that applies to workers in
maritime employments, including longshore, harbor workers, shipbuilders,
shipbreakers, ship repairers and other employees engaged in loading and
unloading, repairing or building a vessel. It applies to such employees while
those employees are on navigable waters of the United States and also while
working on an adjoining pier, wharf, dry dock, terminal, building way, marine
railway, or other area adjoining such navigable waters customarily used for
loading and unloading, repairing or building a vessel.
Type of Employment Covered by the Act
In general, the L & H Act requires employers to provide benefits if they
employ persons engaged in maritime work or in a maritime occupation, either
full or part-time, on the navigable waters of the U.S. or in adjoining
waterfront areas. Additionally,
employees engaged in maritime work or occupation, including a longshoreman or
other person in longshoring operations, and any harbor worker, including a
ship-repairman, ship builder or ship breaker are covered.
Filing Requirements
Employers’ First Report of Injury or Occupational Illness
- Must be filed within 10 days of work injury or awareness
thereof if employee loses one or more shifts of work.
- $11,000 fine possible for failure to file timely.
Injury
Defined as an accidental injury or death arising out of and in the course of employment
(traumatic injury) or such occupational disease or infection arising naturally
out of such employment.
Medical Treatment
Employer will furnish medical, surgical, and other attendance of treatment, nurse and
hospital service, medicine, crutches, and apparatus for as long as required.
Compensation
There is a 3-day waiting period for initial payment of benefits, but the compensation
due for the waiting period will be paid to the employee whose disability
extends beyond the 14th day.
The L & H Act impacts only a limited number of employers in Oklahoma because of
the relatively few areas of navigable waters in the state, such as employment
in the Port of Catoosa. If you have questions regarding your policy and whether
you need coverage under the L & H Act, contact our Underwriting department
at 405-232-7663, extension 5102. CompSource Oklahoma can provide an endorsement
to add this coverage for policyholders who may have potential exposure for
claims arising under the L & H Act.
If you have questions regarding how to file a claim under the L & H Act,
contact CompSource Claims Director Don Holman at 405-962-3569.
Additional resources for more information about the L & H Act include:
Department of Labor
Division of L & H Workers’ Compensation Program
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