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

See all articles by Francis J. Gorman

Francis J. Gorman

University of Baltimore - School of Law

Date Written: October 1, 1974

Abstract

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

Gorman, Francis J., The Longshoremen’s and Harbor Workers’ Compensation Act – After the 1972 Amendments (October 1, 1974). Journal of Maritime Law and Commerce, Vol. 6, No. 1, pp. 1-29, October 1974. Available at SSRN: https://ssrn.com/abstract=1703050 or http://dx.doi.org/10.2139/ssrn.1703050

Francis J. Gorman (Contact Author)

University of Baltimore - School of Law ( email )

1420 N. Charles Street
Baltimore, MD 21218
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
56
Abstract Views
581
rank
366,940
PlumX Metrics