Mississippi Longshore Accidents and Injuries – What Employees Are Covered By the Longshore Workers’ Compensation Act?April 12th, 2011
Mississippi Longshore Accidents and Injuries – What Employees Are Covered By the Longshore Workers’ Compensation Act?
An injured Mississippi worker must show that the injury occurred upon the navigable waters of the United States, including any dry dock, or that it occurred on a landward area covered by Section 3(a), and that the employee’s work is maritime in nature and is not specifically excluded by the Act. 33 U.S.C. §§902(3), 903(a); Director, OWCP v. Perini North River Associates, 459 U.S. 297, 15 BRBS 62(CRT) (1983); P.C. Pfeiffer Co. v. Ford, 444 U.S. 69, 11 BRBS 320 (1979); Northeast Marine Terminal Co. v. Caputo, 432 U.S. 249, 6 BRBS 150 (1977).
Thus, in order to demonstrate that coverage under the Act exists, a claimant must satisfy the “situs” and the “status” requirements of the Act. See also Crapanzano v. Rice Mohawk, U.S. Constr. Co., Ltd., 30 BRBS 81 (1996). In other words, an injured worker must show where the accident occurred and that their work is maritime in nature.