If a ship is in a dry dock is it state work comp or USL&H?

Asked over 1 year ago - Long Beach, CA

I am sure there are probably some exceptions but who would more than likely have Jurisdiction over injury on a ship in Dry Dock?

Attorney answers (3)

  1. Michael Raymond Daymude

    Contributor Level 20

    4

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    Answered . This website appears to provide an answer to your question although it is not legal authority: http://www.isr-insurance.com/acts.html
    “The Longshore Harbor Worker's Compensation Act, more commonly referred to as USL&H, is a federal act which provides employee benefits similar to State Act Workers Compensation to an employee engaged in maritime employment if any injury or death occurs upon navigable waters of the United States including any adjoining pier, wharf, dry dock, terminal, building way, marine railway, or other adjoining area customarily used by an employer in loading, unloading, repairing, dismantling or building a vessel.
    State Act Workers Compensation programs do not cover these types of employees and jurisdiction for USL&H falls under the United States Department of Labor. Compared to State Act programs, USL&H claims are subject to a more generous benefits schedule, compressed reporting schedules and increased penalties and fines for noncompliance. “

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  2. Brett A. Borah

    Contributor Level 20

    3

    Lawyers agree

    Answered . Best question I've seen posted on avvo in a long time....I have no idea what the answer it but i suspect it is USL&H. There are several attorneys in the Long Beach area that handle both CA w.c. and USL&H. Call one of them and they should know the answer. Sorry i can't give more help.

  3. Richard Andrew Harting

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . This can be a complicated area of the law. You should consult with an attorney. Please feel free to contact our office in Long Beach for a consultation or referral. 800-809-8848

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