This post is part of my continuing series on important court rulings over the past year that impact maritime injury claims.

In 2009, the US Senate and the House of Representatives voted to implement an amendment to the Longshore and Harbor Worker’s Compensation Act. Subsection F of 33 USC 902 (3) earlier included persons employed in the building, repairs, or dismantling of any recreational vessels below 65 feet. Under the amendment, individuals engaged in building or repairs of a recreational vessel below 65 feet in length, are included as longshore men. So now, workers who are engaged in  repairing recreational vessels above 65 feet will fall under state Workers’ Compensation coverage.

The change went into effect immediately, and means that employer’s boatyards and shipyards will not need to have both LHWCA and Workers Compensation coverage.  Under the new rule, all workers who are engaged in building, repair or recreational vessels are excluded from LHWCA cover, provided they are covered under the state Workers’ Compensation laws. These rules do not apply to commercial vessels of any length, like water-taxis, excursion boats, shrimp boats, city-owned boats, cargo vessels etc.

However, the amendment clearly stipulates that longshore workers must be covered under Workers’ Compensation statutes if they are not eligible for LHWCA cover. So employers, whose workers now don’t qualify as longshoremen, must obtain Worker’s Compensation cover for their employees.

Maritime lawyer Brian Beckcom is a Board Certified trial lawyer, whose primary focus is the representation of injured Jones Act seamen, tankermen, galleyhands, deckhands, drillers, oilrig workers, offshore workers and other maritime workers in accidents in Texas, around the country and in international waters.