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What are the “Situs Test” and “Status Test” and how do they affect injured longshoremen?

The Longshoreman and Harbor Workers Compensation Act (LHWCA) is a no-fault worker’s compensation style program that covers injured employees who work on or near the water, but are not covered by the Jones Act. The “Situs Test” and “Status Test” refer to the requirements that must be met in order for the worker to be covered by the LHWCA.

Situs Test - The Situs Test relates to the physical location where the accident happened. In order for a worker’s injuries to be covered by the LHWCA the accident which caused the injury must take place on, near or adjacent to navigable waters. This can include injuries that occur on piers, wharfs, dry docks, terminals, building ways, marine railways, or any area adjoining the water or near the water that is used to load, unload, repair, or build a vessel.

Status Test - This Status Test relates to the type of work that the injured worker was doing at the time of the accident. In order to be covered by the LHWCA, the injured worker must be shown to be a maritime employee that is not covered by the Jones Act and is not a government worker. Examples of those considered longshoremen and harbor workers include ship repairmen and maintenance workers such as welders and pipefitters, ship builders, ship breakers, and those who load and unload cargo.

If you have been injured while working on or near the water, you may not be sure if your injury is covered under the Jones Act, the Longshoreman and Harbor Workers Compensation Act, or other maritime laws. An experienced maritime attorney such as the Louisiana Jones Act lawyers at the Young Firm can determine which maritime laws apply to your offshore work injury. If you are an injured maritime worker and you need help, contact The Young Firm toll free at 1-866-938-6113 to schedule a free consultation and to request your free copy of “Employee’s Guide to Maritime Injury Law.”