Federal workers comp: maritime, overseas, and federal jobs

Most workers are under state law

For most private businesses, state law sets the workers' comp rules. A few kinds of work fall under federal law instead. If your business works on the water, on military contracts overseas, or for the federal government, check whether a federal program applies. A standard state policy may not cover these workers.

Longshore and Harbor Workers' Compensation Act

The Longshore Act covers maritime workers such as longshore workers, ship repairers, shipbuilders, and ship breakers. It covers injuries on navigable waters and nearby areas used to load, unload, repair, or build vessels, such as piers, docks, and dry docks.

Employers must get insurance from a carrier authorized by the U.S. Department of Labor or be approved to self-insure. Some workers are excluded, such as office clerical staff and crew members of a vessel. Ask your agent about a federal Longshore (USL&H) endorsement if any work is near the water.

Defense Base Act and related laws

The Defense Base Act extends Longshore Act benefits to civilian employees who work outside the United States on military bases or under certain U.S. government contracts. The Longshore program also covers workers under the Outer Continental Shelf Lands Act and the Nonappropriated Fund Instrumentalities Act.

Jones Act for seamen

Crew members of a vessel, called seamen, are not covered by the Longshore Act. Under the Jones Act (46 U.S.C. 30104), a seaman injured on the job can sue the employer for negligence. Vessel owners usually need maritime employer's liability or protection and indemnity coverage. This is a specialized area, so work with an agent who knows marine insurance.

Other federal programs

The Department of Labor's Office of Workers' Compensation Programs also runs:

• The Federal Employees' Compensation Act (FECA) for federal government workers.
• The Black Lung program for coal miners.
• The Energy Employees program for certain nuclear weapons workers.