Which person is explicitly excluded from LHWCA coverage as part of the exclusions?

Which person is explicitly excluded from LHWCA coverage as part of the exclusions?

• A. A master or member of a crew of any vessel
• B. A factory supervisor on land
• C. A longshore worker performing heavy duty tasks on land
• D. A temporary clerical worker

Answer: (A)

Longshore and Harbor Workers' Compensation Act covers workers who load, unload, build, repair, or otherwise assist with ships and shipyards, typically on land or at the waterfront. But there is a specific exclusion for people who are aboard a vessel in the capacity of master or crew. Those individuals are considered seamen and are covered by maritime law under the Jones Act, not by LHWCA. So a master or member of a vessel’s crew is explicitly excluded from LHWCA coverage. The other roles described don’t fit that explicit vessel-crew exclusion. A factory supervisor on land isn’t performing shore-side longshore work, a longshore worker on land performing heavy duties is precisely the kind of covered task, and a temporary clerical worker on land generally isn’t within LHWCA’s scope.

Longshore and Harbor Workers' Compensation Act covers workers who load, unload, build, repair, or otherwise assist with ships and shipyards, typically on land or at the waterfront. But there is a specific exclusion for people who are aboard a vessel in the capacity of master or crew. Those individuals are considered seamen and are covered by maritime law under the Jones Act, not by LHWCA. So a master or member of a vessel’s crew is explicitly excluded from LHWCA coverage.

The other roles described don’t fit that explicit vessel-crew exclusion. A factory supervisor on land isn’t performing shore-side longshore work, a longshore worker on land performing heavy duties is precisely the kind of covered task, and a temporary clerical worker on land generally isn’t within LHWCA’s scope.