The Longshore, Harbor
Workers’ and Related Compensation Acts
These laws were created to provide compensation payable by an employer
to an employee, or the employees dependents, for disability or death
due to an injury occurring on the navigable waters or in an adjoining
waterfront area of the United States. They provide payment for medical
care required for the injury, disability compensation payments and rehabilitation
services. In the event of death caused by injury or disability, benefits
include payment for reasonable funeral expenses and compensation payments
to spouses and minors or students, and sometimes for other eligible dependents.
These laws have been extended to include the Defense Base Act, the Outer
Continental Shelf Lands Act and the Nonappropriated Funds Instrumentalities
Act. The benefits structure of the Longshore Act applies to these Acts.
The Defense Base Act provides workers’ compensation coverage on
American Defense bases and to those working under contracts with the
United States government for defense or public works projects outside
of the United States. To be compensated under the Act, a claim must stem
from a “contract” for “public work” overseas.
Public work constitutes government related construction projects, work
connected with national defense, or employment under a service contract
supporting either activity.
The Outer Continental Shelf Lands Act provides workers’ compensation
coverage for the death or disability of an employee resulting from an
injury occurring as a result of operations connected with the exploration,
development, removal, and transportation of natural resources from the
seabed and subsoil of the Outer Continental Shelf (i.e., drilling and
production of offshore oil and gas). The Act applies to all submerged
lands (and artificial islands and fixed structures thereon) which lie
beneath navigable waters seaward of state jurisdictional boundaries,
and which are subject to the jurisdiction and control of the United States.
The Nonappropriated Funds Instrumentalities Act provides workers' compensation
coverage to civilian employees of nonappropriated fund instrumentalities
(such as post exchanges) of the Armed Forces.
More detailed information including compensation rates appears at: http://www.dol.gov/esa/contacts/owcp/ny/2do~1.htm.