Longshore and Harbor Workers' Compensation Act (LHWCA)

Term: Longshore and Harbor Workers' Compensation Act (LHWCA)Definition: The LHWCA is a federal law that provides for compensation and medical care to employees injured in maritime employment, including those exposed to asbestos in port and harbor areas. It bypasses the need for proving employer negligence in certain cases.Phonetic Pronunciation: (LONG-shore and HAR-bor WORK-ers' Com-pen-SAY-shun Act)Origin: Enacted in 1927, the LHWCA was established by the U.S. Congress to provide benefits to maritime workers injured on the job. The term "longshore" derives from "alongshore," referring to workers who load and unload ships along the shore. The Act has been amended over time to include broader categories of maritime workers.Significance in Asbestos Context: The LHWCA is significant because it covers workers who may have been exposed to asbestos while working in maritime environments, such as shipyards and docks. This Act ensures that these workers can receive compensation for asbestos-related diseases without the burden of proving employer negligence, which is crucial in legal battles against asbestos exposure.Example Sentence: Under the Longshore and Harbor Workers' Compensation Act, a dockworker diagnosed with mesothelioma due to asbestos exposure at a shipyard was able to receive compensation without having to prove negligence on the part of his employer.Related Terms: Maritime Law, Workers' Compensation, Asbestosis, Mesothelioma, Negligence.Notes: - The LHWCA does not cover all maritime workers; for example, seamen on vessels in navigation are covered under the Jones Act. - Benefits under the LHWCA can include medical expenses, disability payments, and vocational rehabilitation. - Claims under the LHWCA must be filed within specific time limits, which can vary based on the circumstances of the injury or disease.