There are a lot of contractors who’ve never heard the term USL & H. It is an acronym for United States Longshoreman & Harborworkers Act. It is meant to provide workers compensation coverage to “maritime employees,” and the benefits are much better under USL&H Loosely, and in short, this coverage is mandated for employees that work “on, above, near or around water”. Most nonmaritime contractors don’t feel they have the exposure, but is some cases they do.
In order to qualify for coverage under the USL&H, two criteria must be met. First, the injured worker must be a maritime employee as defined under the USL&H. This is the “status” requirement. Second, the injury must occur at a location under the jurisdiction of the USL&H. This is the “situs”” requirement.
The benefits provided by the USL&H are based on wage loss and the worker’s post-injury earning capacity. Under this federal system, the benefits tend to be more lucrative that scheduled state benefits.
Therefore, an injured worker who has an option of filing under state or federal laws may be more inclined to pursue federal remedies. In some instances, such as cases arising in California, workers can pursue both state and federal remedies concurrently.
With an in-depth understanding of the market and long established relationships with our companies, Enterprise provides clients with considered advice, exceptional service, and creative solutions to their Maritime Workers Compensation needs.