Background:
The Longshore & Harbor Workers Compensation Act (LHWCA) was
written into law in 1927 providing protection to shore-based workers
injured while temporarily upon the navigable waters of the U.S. Amendments
in 1972 addressed the protection of land-based workers, responding to
longshoremen who walked out of federal coverage every time they left ship.
Congress expanded the federal coverage to encompass injuries upon any
adjoining pier, wharf, dry dock, terminal, building way, or other
adjoining area customarily used by an employer in loading, unloading,
repairing, dismantling or building of a vessel. These amendments placed an
undue hardship upon the recreational marine industry, forcing all segments
of the industry, including boatyards, marinas, builders and repair
technicians to purchase federal Longshore coverage, which in many cases
levied a 300% premium increase and duplicate coverage. In 1983, realizing
the adverse effects on the recreational marine industry, Congress
eliminated certain recreational operations by refining the definition of a
maritime employee and excluding specific marine environments. This Act
needs further clarification and has left the recreational marine industry
with unnecessary liabilities, costly coverages and a weakened
workforce.
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