Three months ago, an agent called us about a client who'd just received a Longshore claim for an injury that happened on a Tuesday afternoon dock inspection. The employee spent approximately 10% of his time near water. The business had carried state workers' compensation for eight years without issue.
The claim was denied. State comp doesn't cover Longshore exposures, and the employer is now facing the full cost of the injury, medical expenses, legal fees, and potentially tort liability and personal liability of the officers! The business owner wants to know why nobody told him this could happen. The agent wants to know how to prevent this conversation with every other client.
This isn't a story about a careless agent. It's about how Longshore exposure hides in plain sight.
[Download our Longshore Triggers Checklist]
The Real Problem: It Doesn't Look Like Marine Work
Most agents know that vessel crews need Jones Act coverage. Longshore feels like it should be just as obvious—but it's not.Here's what actually triggers Longshore exposure, and why it catches people off guard:
The work happens near water, not necessarily on it. An employee can spend their entire day on a dock, never step onto a vessel, and still fall under Longshore jurisdiction. Location matters more than most agents realize.
Job titles don't tell you what you need to know. We've seen "maintenance supervisor" positions that trigger Longshore and "dock worker" positions that don't. What matters is where the person physically performs their duties—and that can change by project, season, or even day of the week.
"Occasional" doesn't mean "exempt." If an employee steps onto a vessel twice a month to check equipment, that's enough. If they help load a vessel during the busy season or when someone is off sick or on vacation, that's enough. Frequency doesn't determine coverage—the nature of the work does.
Job titles don't tell you what you need to know. We've seen "maintenance supervisor" positions that trigger Longshore and "dock worker" positions that don't. What matters is where the person physically performs their duties—and that can change by project, season, or even day of the week.
"Occasional" doesn't mean "exempt." If an employee steps onto a vessel twice a month to check equipment, that's enough. If they help load a vessel during the busy season or when someone is off sick or on vacation, that's enough. Frequency doesn't determine coverage—the nature of the work does.
State comp and Longshore aren't interchangeable. They're separate systems with different rules, different benefits, and no overlap. Assuming one covers the other is how employers end up uninsured for injuries that actually happened.
Last year's setup doesn't account for this year's operations. Businesses expand into new locations, take on different projects, or start serving marine clients without thinking through the coverage implications. Nobody announces "we now have Longshore exposure"—it just appears.
Here's how to frame it:
"I'm seeing some work near navigable water in your operations, and I want to make sure we're covering it correctly. If any of your employees are injured while working on or near the waterfront—even if it's not their primary job—state workers' comp likely won't cover it. That leaves you exposed to the full cost of the claim. Let's figure out what you actually need."
You're not selling additional coverage. You're identifying a gap that already exists.
The pushback you'll hear most often: "We've been doing this for years and never needed Longshore." That might be true. It's also irrelevant. What matters is what happens the day after an injury, not the years before it.
Start with three questions:
1. Do any employees work on, over, or immediately next to navigable water, even occasionally?
2. Do they ever board vessels, even briefly, as part of their job?
3. Has the business added new locations, clients, or services in the past two years?
If the answer to any of these is "yes" or "I'm not sure," it's worth a deeper look.
Last year's setup doesn't account for this year's operations. Businesses expand into new locations, take on different projects, or start serving marine clients without thinking through the coverage implications. Nobody announces "we now have Longshore exposure"—it just appears.
The Conversation Most Agents Avoid (But Shouldn't)
When you suspect Longshore exposure, you're probably dreading the conversation. The client doesn't think they need it. They've never had it before. They're going to push back on the additional premium.Here's how to frame it:
"I'm seeing some work near navigable water in your operations, and I want to make sure we're covering it correctly. If any of your employees are injured while working on or near the waterfront—even if it's not their primary job—state workers' comp likely won't cover it. That leaves you exposed to the full cost of the claim. Let's figure out what you actually need."
You're not selling additional coverage. You're identifying a gap that already exists.
The pushback you'll hear most often: "We've been doing this for years and never needed Longshore." That might be true. It's also irrelevant. What matters is what happens the day after an injury, not the years before it.
What to Do Next
If you have clients with any waterfront exposure—docks, terminals, marinas, shipyards, vessel maintenance, marine construction—don't assume the current structure is handling it.Start with three questions:
1. Do any employees work on, over, or immediately next to navigable water, even occasionally?
2. Do they ever board vessels, even briefly, as part of their job?
3. Has the business added new locations, clients, or services in the past two years?
If the answer to any of these is "yes" or "I'm not sure," it's worth a deeper look.
[Download our Longshore Triggers Checklist]
We've created a checklist that walks through the most common Longshore scenarios agents miss. It takes about three minutes to complete and will tell you whether a closer review is warranted.If you'd rather just talk through a specific account, we're happy to do that. No obligation, just a straightforward conversation about whether Longshore applies and what to do about it.
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LIG Marine Managers
We help agents navigate complex marine exposures—including the ones that don't look complex until a claim happens.
LIG Marine Managers
We help agents navigate complex marine exposures—including the ones that don't look complex until a claim happens.
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