by Alissa C. Atkins, Esq.

In an article published in the Fall 2011 issue of the State Board of Georgia’s Workers’ Compensation Law section newsletter, Lindy Kerr outlined the answers to various questions concerning coverage issues in claims that potentially involve three aspects of Federal workers’ compensation laws: the Longshoremen and Harbor Workers’ Compensation Act (LHWCA or Longshore Act), which provides workers’ compensation coverage to maritime employees injured on or by the water; the Defense Base Act (DBA), which covers certain civilian employees working overseas; and the Non-Appropriated Fund Instrumentalities Act (NAF), which provides workers’ compensation coverage to non-military personnel who work on bases.

The article reviews various coverage issues, noting that in Georgia, the largest source of claims covered by the Longshore Act is usually from workers at the Port of Savannah. However, longshore coverage is not limited to port terminals, but also maritime workers injured on “any navigable waterway” or “adjoining pier, wharf, dry dock, terminal, building way, railroad way or other adjoining area customarily used by an employer in loading, unloading, repairing, dismantling or building a vessel.” Accordingly, all of the approximately 100 miles of coastline in the State of Georgia, as well as the dozens of rivers and lakes, are covered as long as the waterways are “navigable,” meaning that either commerce is or may be carried on with other states or foreign countries.

To secure coverage under the Longshore Act, an employee must have proper status as a maritime employee. The Act specifically excludes secretarial, security or data processing workers and various other types of potential employees. For the full article resolving potential coverage issues in cases a particular work accident may be covered by a Federal Workers’ Compensation law instead of the Georgia Workers’ Compensation Act, please see the full article.