USL&H Workers' Compact Act
  • August 25, 2014
  • Peter Christoper
  • 0

The workers’ compensation program is like an alternative for the injured workers who look out for recovery. Through this compensation, the workers can receive the medical benefits. Interestingly they would get some percentage of the worker’s wages while they are recovering from their injuries. The only thing that will apply the compensation is that the worker has to be injured on the work. Talking of USLH compensation, it helps all the workers who are injured by the sea. This compensation helps all the workers who are eligible for compensation similar to workers’ compensation. The only difference between workers’ compensation, and this compensation is the maritime law and Jones Act.

What does the USL&H Act provide?

Under the Jones Act the USLH provides the individuals the right compensation to recover from their injury. Even if the worker has fallen ill while he was working at the sea. The act is known to have come into existence in the year 1920. It was initiated to protect all the Merchant Marines. It worked in favor of all the workers and their health who worked at the sea. This compensation comes with several protections. Sailors, seamen etc were included in the compensation as well.

The major positive of the USLH compensation was to keep all the potential workers working for the same marine. With compensation on their side the workers will not deter from the work due to the work benefits offered by the employee.

Under the USL&H laws any worker who is injured while working at the sea is eligible to receive a daily stipend as well as the necessary medical care. This is essential for treating any injured or ill person who needs good care to sustain or develop the health.

Depending on the kind of circumstances the person or the worker who is injured or ill, will be considered for recovering either a portion or entire of his transportation and living expenses. In case the illness or injury was caused due to the ship owner’s negligence then the worker can demand additional damages as well. In case of the death of the worker the family members have every right to sue or demand compensation from the ship owner.

Negligence can also be considered under the USL&H compensation too. There are different factors like offshore accidents, not maintaining deck or deck floors maintaining etc considered during the compensation. Asking the worker to utilize the faulty equipments that are unsafe leading to the accident of the worker also makes him eligible for this compensation.

Who is covered through the act?

It is essential to know the definition of covered employees through the USLH act. The United States Longshore and Harbor Workers’ Compensation Act(USL&H) was specifically designed to provide coverage for a group of employees who are not appropriately protected under the maritime or state laws! The act provides cover plans for the workers who load and unload vessels and build or repair vessels and perform various operations and duties on or over the United States of America’s navigable waters. You can enlist the listed occupations which are eligible for coverage through USLH.

  • Harbor workers and longshore workers
  • Ship repairpersons
  • Shipbreakers
  • Shipbuilders
  • Here is the list of the occupations which are not eligible for coverage:
  • Sailors
  • Seaman
  • Masters and members of the crew of any vessel
  • Clerical, office or automation support
  • Security personnel

Indeed, there are different limitations that apply to the size and types of vessels to which the USHL acts supplies. Go through the below points to get onto the actual facts of the USHL workers’ coverage act now!

Points to remember

  • The act is not applicable to operations at recreational facilities, such as resorts, county clubs, or the various childrens’ camps, including those boys scout camps, girls scout camps, or the religious camps.
  • It is not applicable to the coverage scheme of small vessels, which are defined as less than 18 tons. This has ti be noted even if your occupation is eligible for the USHL act!
  • The act is not applicable to any worker who is engaged in repair if recreational vessels, provided the applicants are subjected to under a state workers’ compensation law.
  • Other than that, employees who are working aquaculture and those engaged in harvesting and cultivating aquatic animals and plants, are not covered by the act. This is irrespective of the fact that they are working over the navigable waterways in some cases. In short, it may be said that not everyone who works on the navigable waterways of the United States is eligible for the USHL coverage act.
  • Do you think USHL is important?
  • Indeed, this longshore act requires that every maritime employer obtain longshore act coverage from an authorized insurance carrier by the U.S. Department of Labor. You can also obtain the authorization of the U.S. Dept. of labor for self-insuring.
  • If an employer fails to get his insurance requirements to match the coverage plans, there are various provisions that apply for their requisites.

What are the exclusions to coverage?

Here is the list of the facts which are stated under the criteria for exclusions to coverage. Pen them down for an easy approach for understanding the fundamental aesthetic of USHL.

  • An employee or officer of the United States or any of its agencies
  • An employee of any state.
  • Any municipality employee
  • An agent, belonging to any foreign country.
  • An employee whose injury has been caused solely by his intoxication
  • An employee with an injury that occurs in the process of attempting to injure self or another
  • Employees who perform non-maritime tasks exclusively, like the secretarial, office-clerical, data processing personnel or security people
  • Any personnel working for a club, recreational operation, camp, and different retail outfit
  • Personnel exclusively employed by marina include the post for taking reservations, serving food, servicing boats and performing routine tasks
  • Personnel who have been appointed for transporting, supplying, or vendor related activities.

The bottom line

Indeed, this coverage can be an effective way out of the various issues faced by the eligible maritime personnel. In simple terms, the USHL can be considered as an endorsement to your current workers’ compensation policy. However, you may find that majority of the procedural things depend on the state, type of work performed, and location. As with any project, you have to provide the listed detail for an accurate quote. These include but are not limited to:

  • Number of working hours
  • Payrolls and sales amount of information
  • Location or address of the project
  • Safety procedures and steps at work
  • The project duration

The cost of the endorsement can actually vary on the payroll. On average, it is seen that it is a 30% increase in your current labor rate. Contextually, in a right approach, if you are discovering new acronyms in your contracts related to insurance, full-fledged research can be a great option.