NYC Bar Association The Association of the Bar of the City of New York
Reports / Publications / Press Releases / Forms >
Home
Publications
Committee Reports
Brochures / Books
THE RECORD
Forty-Fourth Street Notes


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.




© 2007 The Association of the Bar of the City of New York. All rights reserved.
42 West 44th Street New York, NY 10036
(212) 382-6600