Longshore & Harbor Workers-Ch. 10

Question 1

LHWCA

Answer 1

Provides death benefits to designated beneficiaries if the work related injury causes death, or if an employee who is permanently disabled in a compensable accident dies thereafter from other causes. 33 U.S.C.A.§909

NOTE: No right to a jury

Question 2

Coverage Does Not Extend To

Answer 2

• Jones Act Seaman or

- Employees that have state worker’s compensation remedial protection.

Question 3

“Status” of Employee-Per Maher Terminal

Answer 3

Status turns on whether he’s engaged on regular basis in maritime employment, not the job he was performing at the time of injury (same day test)

Question 4

Liability under LHWCA

Answer 4

• Strict Liability, independent of fault
• Compensation remedy is the only remedy available to the employee against their employer.
• Under the act, the vessel is still liable, but not for unseaworthiness. A claim based on negligence is still available to the longshoreman, but not a claim based on unseaworthiness.

Question 5

Extension of Warranty of Seaworthiness to Longshoreman

Answer 5

1. Only the vessel where longshoreman is working owes him a duty to provide a seaworthy vessel. See. Sieracki
2. If working for the Stevedore, longshoreman could sue only the Stevedore; unless cause was unseaworthy condition.

a. Doctrine developed which said Stevedore owed a duty to perform job in a workman like manner.
i. Now vessel owner could sue Stevedore for breach of warranty.

Question 6

Duty of Vessel Owner to Longshoreman

Answer 6

1) Turnover Duty: Vessel owner liable if fails to turn over reasonably safe ship or warn of hidden defects of which it knew or should have known
2) Active control duty: Vessel Owner liable if fails to remedy hazards under its active control
3) Duty to Intervene: Vessel Owner liable if fails to intervene when has knowledge of hazard of which stevedore is oblivious