Why the Longshore Act Still Matters: A Century of Protection for Maritime Workers

For insurance agents working with marine businesses, understanding the Longshore and Harbor Workers’ Compensation Act (LHWCA) is essential. This federal law has shaped the protection of thousands of waterfront workers for more than 100 years, and it continues to evolve today. But how did we get here?

From Legal Gap to Lifesaver: The Birth of the Longshore Act

In 1917, a Supreme Court decision (Southern Pacific Co. v. Jensen) ruled that states couldn’t provide workers’ compensation for injuries that occurred on navigable waters. That left a dangerous gap in coverage—until the Longshore Act was passed in 1927. The Act created a federal system to protect shipbuilders, harbor workers, and longshoremen.

Key Amendments That Changed the Game

Major updates in 1972 expanded coverage beyond vessels and docks to include adjacent areas, such as piers and marine terminals. Survivor benefits and maximum compensation rates were also improved.

In 1984, additional changes clarified who was (and wasn’t) covered. Recreational vessel workers under 65 feet, certain office personnel, and aquaculture workers were excluded if state comp laws protected them.

Adapting to a Changing Industry

In the 2000s, the Act was updated again to reflect shifts in maritime work. The 2009 American Recovery and Reinvestment Act expanded exclusions for recreational vessel repairers, after 10 years of lobbying led by the Marine Industries of South Florida. The 2009 expansion was then amended by rules published by the Office of Workers' Compensation Programs, released late in 2011. Then, in 2023, proposed regulations targeted employer penalties for failing to accurately report injuries—showing how the law continues to evolve in response to workplace realities.

Key Extensions of the Act

The reach of the LHWCA goes far beyond traditional longshore and harbor workers. Congress has extended its provisions to several other groups, adding layers of complexity to who’s actually covered:

• Defense Base Act (DBA): Covers civilian employees of U.S. government contractors working overseas.
• Outer Continental Shelf Lands Act (OCSLA): Covers workers involved in offshore exploration and development of natural resources—like oil rig crews.
• Nonappropriated Fund Instrumentalities Act (NAFIA): Applies to civilian employees of military-run services, such as base exchanges and recreational facilities.

Understanding who is covered is just as important as what is covered. Between special extensions, evolving definitions, and overlapping jurisdictions, navigating Longshore coverage isn’t always straightforward—especially for agents trying to do it alone.

For agents, the Longshore Act’s ongoing evolution means one thing ... 

Risks change, and so should coverage strategies. Whether your client is a marine contractor, terminal operator, or recreational vessel builder, the rules surrounding Longshore coverage can affect their exposure—and your liability.

Need help navigating it all? 

LIG Marine Managers has been specializing in Longshore for over 30 years. We’ll help you identify potential coverage gaps and find the best solution for your client’s needs.

Have a Longshore risk to review?

Send submissions to Submit@LIGMarine.com or visit LIGMarine.com to connect with one of our Longshore experts.

Related Blogs

Longshore Reform 2009
AIA Praises Reintroduction of Longshore and Harbor Workers Act Changes
Recreational Vessel Regulations Published
Longshore Rule Changes Deadline

A New Wave: The ECO Liberty Ushers in Hybrid Offshore Wind Support

Edison Chouest Offshore has launched the first U.S.-built plug-in hybrid vessel designed to support offshore wind operations. ECO Liberty is the first Jones Act–compliant plug-in hybrid Service Operations Vessel (SOV) in the U.S. offshore wind sector.

This innovation marks a pivotal step in the transition toward cleaner, more efficient maritime operations. The vessel can operate using traditional diesel power or switch to battery-electric mode, reducing emissions while improving fuel efficiency. As the offshore wind sector grows, technology like this is set to play a key role in balancing environmental responsibility with the heavy demands of marine operations.

For marine businesses, these advancements are more than just headline news—they signal a shift in the risks and exposures that operators face. New propulsion systems, alternative fuels, and hybrid technologies all bring unique considerations in terms of crew training, maintenance, and liability. From an insurance perspective, it’s vital to anticipate these changes so businesses can remain fully protected as the industry adopts greener technology.

As innovation transforms the marine industry, our 35+ years of expertise in commercial marine and Longshore coverage ensure you and your clients are always a step ahead. The experts at LIG Marine Managers specialize in identifying potential gaps and building customized insurance solutions that evolve with the industry. Whether it’s protecting offshore contractors, vessel operators, or marine employees, we deliver the knowledge and support agents need to provide their clients with peace of mind.

Ready to talk about how these changes could impact your clients?
Reach out to us today, and let our team shop the market and find the right coverages for your clients.

The Cost of Rushing: How One Small Oversight Led to Serious Injury

In the rush to get a vessel underway, small details can have major consequences. A recent incident involving a bulk carrier and a pilot attempting to board serves as a stark reminder.

Working quickly to get the vessel underway on schedule, the crew prematurely disconnected the gangway, removing the safety netting, and unintentionally leaving a dangerous gap between the accommodation ladder and the pier. When the pilot arrived, he found the gap too large to cross safely. Focused on final departure preparations, the crew did not respond to his communication attempts. Frustrated after several failed attempts, the pilot tried to climb onto the ladder himself but lost his footing and fell into the water, suffering broken ribs, a back injury, and deep bruises. Fortunately, his life jacket kept him afloat until emergency responders arrived. However, the incident delayed the vessel’s departure by 48 hours and left the pilot unable to work for months. Had the pilot hit his head or been crushed between the ship and the pier, this could have been a fatal accident.

This situation highlights the critical need for comprehensive marine insurance. Whether it’s Longshore coverage for injured workers, Maritime Employers' Liability (MEL) for crew exposure, or Protection & Indemnity (P&I) for liability risks, the right insurance ensures that businesses are protected from financial fallout when accidents occur. A single injury like this can lead to costly medical expenses, lost wages, and legal claims — expenses that could cripple an uninsured operation.

Investing in proper risk management and insurance coverage isn’t just about compliance; it’s about safeguarding your business, your crew, and everyone who steps aboard.

If you have questions about your marine client’s coverage needs, contact our expert Longshore team at Ask@LIGMarine.com. 

Mark Greenway