California workers’ compensation and the Longshore and Harbor Workers’ Compensation Act
In the complex world of workplace injury law, concurrent jurisdiction is a critical concept for those working in maritime industries. For many injured workers in California, the intersection of California Workers’ Compensation laws and the federal Longshore and Harbor Workers’ Compensation Act (LHWCA) creates opportunities for dual recovery but also introduces complexities. This interplay was clarified and strengthened by the U.S. Supreme Court’s landmark decision in Sun Ship, Inc. v. Pennsylvania (1980), which continues to serve as a cornerstone in understanding the rights of maritime workers.
Understanding the framework
The Longshore and Harbor Workers’ Compensation Act, a federal statute enacted in 1927, provides compensation for injured maritime workers who are not eligible for traditional seamen’s remedies under the Jones Act. It applies to employees injured on navigable waters or adjoining areas like docks and shipyards.
On the other hand, California workers’ compensation laws provide benefits to employees injured in the course of their employment, regardless of fault. These laws have a broader reach and apply to employees across various industries within California, including those engaged in maritime activities not explicitly covered by the LHWCA.
Concurrent jurisdiction and Sun Ship
The concept of concurrent jurisdiction – where both federal and state laws can apply – was cemented in the Supreme Court’s decision in Sun Ship, Inc. v. Pennsylvania. In Sun Ship, the Court held state workers’ compensation laws could apply concurrently with the LHWCA, even for injuries occurring within the federal maritime domain.
The Court reasoned the LHWCA was not meant to preempt state compensation schemes but rather to supplement them. This decision enabled workers in states like California to pursue remedies under both systems, maximizing their recovery. For example, a dockworker injured on navigable waters in California can file a claim under the LHWCA and seek additional benefits under California law.
Practical implications for workers
Concurrent jurisdiction offers significant advantages to California injured maritime workers:
- Broader benefits: California’s system may provide higher disability ratings (and money) or cover injuries not fully addressed by the LHWCA.
- Double recovery: Workers may pursue overlapping claims, provided the total compensation does not exceed their actual losses. Payments made by an employer under one claim may be credited against what the employer owes under the other claim, i.e., payments made by an employer under the LHWCA may be credited against what an employer owes under the California system.
- Legal flexibility: Injured employees can tailor their claims to the jurisdiction offering the most favorable terms. Injured employees who do not pursue both may be leaving money and extra benefits they are legally owed on the table.
Conclusion
The interplay between California Workers’ Compensation laws and the LHWCA empowers maritime workers with dual avenues for relief. Thanks to Sun Ship, injured workers are no longer limited to federal remedies alone, allowing them to seek justice under state laws that recognize their unique circumstances. For maritime employees in California, this dual system ensures comprehensive protection in an inherently hazardous industry.
Challenges and considerations
While concurrent jurisdiction provides opportunities, it also introduces complexities. Workers must navigate overlapping rules, filing deadlines, and administrative processes. Legal representation is often essential to avoid pitfalls and maximize recovery.
The attorneys at Robert A. McLaughlin, APC are highly skilled and experienced in handling complex concurrent jurisdiction claims. We have extensive experience in navigating the intricate interplay between California workers’ compensation laws and other state or federal systems, such as the Longshore and Harbor Workers’ Compensation Act. Our primary focus is maximizing benefits for injured workers by leveraging the unique opportunities presented by concurrent jurisdiction.