January 11, 2010

Longshore and Harbor Workers Compensation Coverage for Restaurant Workers

Our insured is planning to open a restaurant on a barge located on the river but anchored to the shore. Will the insured have to purchase USL&H coverage for the restaurant employees?

Iowa Subscriber

The coverage under the Longshore and Harbor Workers Act is for employees disabled from injuries that occur on navigable waters in the United States . “Employees” is a defined term in the Act and that definition states that individuals employed by a club, camp, recreational operation, restaurant, museum, or retail outlet are not included in the definition. So, USL&H coverage is not what the insured needs in this case. He should get the state's workers compensation coverage.