The Longshoremen’s and Harbor Workers’ Compensation Act – After the 1972 Amendments
Journal of Maritime Law and Commerce, Vol. 6, No. 1, pp. 1-29, October 1974
30 Pages Posted: 19 Nov 2010
Date Written: October 1, 1974
In October of 1972, Congress enacted the most significant and far-reaching amendments to the Longshoremen’s and Harbor Workers’ Compensation Act (Longshoremen’s Act) since federal compensation benefits were first made available in 1927. Major alterations have been made in the level of benefits, administration by the Secretary of Labor, and procedure within the compensation system. The jurisdictional scope of the Longshoremen’s Act has been expanded, third-party rights have been redrawn, and indemnity actions have been eliminated.
The 1972 amendments will radically alter the pattern of federal compensation practice and maritime personal injury litigation, and the courts increasingly have occasion to comment on the effect of these amendments. This article will examine the more important features of the 1972 amendments, analyze the alterations in jurisdiction and third-party rights, and discuss some of the practical aspects of settling cases and recovering liens under the new law.
Keywords: Longshoremen’s and Harbor Workers’ Compensation Act, Longshoremen’s Act, Level of Benefits, Compensation System, Third-Party Rights, Indemnity Actions, 1972 Amendments, Maritime Personal Injury Litigation, Recovering Liens
JEL Classification: K13, K19, K29, K31, K39, L92
Suggested Citation: Suggested Citation