Massachusetts Injury Lawyers Blog
The Longshore and Harbor Workers’ Compensation Act (LHWCA) provides important federal protections for maritime workers, but eligibility requires that both a status and situs test be satisfied. A recent Massachusetts case illustrates how failure to meet the situs requirement can bar recovery, even if the injured worker was performing maritime-related functions, and demonstrates the strict geographic limitations placed on federal maritime compensation claims. If you were injured while working, you may be owed benefits, and it is smart to talk to a Massachusetts workers’ compensation as soon as possible.
Factual Background and Procedural History
It is reported that the claimant, employed by a shipbuilding company, suffered an injury while working at a pipe fabrication facility located approximately four miles inland from the main shipyard. It is alleged that the claimant’s work included manufacturing components used in shipbuilding and that the employer contended the facility supported maritime operations.
It is further reported that the fabrication site was not located adjacent to navigable waters but rather was separated by residential and commercial properties. A brook located near the facility was alleged to be non-navigable. The claimant applied for benefits under the LHWCA, asserting that the site qualified as an “adjoining area” under the statute.An administrative law judge (ALJ) determined that the location failed the situs test and denied benefits. The Benefits Review Board upheld this finding. The claimant sought further review of the ruling.
Situs and Navigability Under the LHWCA
The court affirmed the denial of benefits, focusing on the statutory requirement that a compensable injury under the LHWCA occur on navigable waters or in an adjoining area. Although the claimant’s duties may have met the status requirement, the situs requirement was not met.
The court analyzed whether the fabrication facility could be considered an “adjoining area” under 33 U.S.C. § 903(a). The court found that the facility’s location—four miles away from the main shipyard and separated by unrelated properties—was too remote to qualify as adjacent to navigable waters. The court emphasized that a geographic connection, not just a functional one, was necessary to satisfy the LHWCA.
Additionally, the court examined the navigability of the brook near the facility. It concluded that the brook lacked the characteristics of navigable waters. It was narrow, shallow, not used for commercial activity, and located in a conservation zone. The court held that under admiralty law principles, navigability requires a present capability of supporting commerce, which the brook did not satisfy.
The claimant urged the court to apply a broader, functional approach to the situs test, arguing that the fabrication site supported maritime activities. The court rejected this argument, reiterating that proximity to navigable waters remains a non-negotiable element of LHWCA coverage.
Consult a Skilled Massachusetts Workers’ Compensation Attorney
When pursuing benefits under the Longshore and Harbor Workers’ Compensation Act, it is crucial to understand both the status and situs requirements. Maritime workers may perform shipbuilding duties and still be excluded from coverage if the injury does not occur in a location meeting the statute’s geographic requirements. If you have suffered an injury while working in a maritime-related facility and are unsure whether you qualify for LHWCA benefits, it is smart to talk to a lawyer. Attorney James K. Meehan of the Law Office of James K. Meehan is a skilled Massachusetts workers’ compensation attorney, and if you hire him, he will work tirelessly to help you seek the benefits you deserve. Call 508-822-6600 or complete the firm’s online form to schedule a consultation.