Short answer
USL&H insurance for marine consultants matters because an injury at the water’s edge may fall under federal law instead of state workers’ comp. The Longshore and Harbor Workers’ Compensation Act, known as USL&H, can apply to some work on docks and in shipyards. The Jones Act applies to seamen. Whether either applies depends on the facts. Ask your agent whether your workers’ comp should carry a USL&H endorsement, and check what your yard contracts require.
Why maritime injuries are different
Federal programs sit beside state workers’ compensation. When an injury happens on or near navigable water, a federal program may apply in place of the state system. Which one applies depends on the facts, and an attorney can answer that question for a specific injury.
Insurers and yards care about this because a standard state workers’ comp policy is written for state benefits. If a federal program applies and the policy doesn’t address it, the employer may face a gap. Whether a policy responds depends on its wording and the facts.
USL&H insurance for marine consultants in plain words
USL&H is a federal workers’ compensation program for certain workers at the water’s edge. It can apply to some work on docks, piers and in shipyards. The U.S. Department of Labor explains the program and who may be covered.
Naval architects, marine engineers, surveyors and inspectors often spend time at these locations. Office staff usually don’t, but field staff may. Many yards ask for USL&H on the certificate because the yard may be responsible if your staff are hurt and your policy doesn’t respond.
Many marine consultants first hear about USL&H when a yard asks for it. Our marine engineers and naval architects page notes that staff working on the water may fall under maritime compensation rules. Our workers’ compensation page covers the basic coverage.
The Jones Act and when it comes up
The Jones Act gives seamen a right to bring personal injury claims against their employers. The statute is 46 U.S.C. 30104. Who counts as a seaman is a legal question, and it depends on the facts of each person’s work.
A consultant who travels aboard for sea trials or deliveries may be asked about it. Most naval architects and surveyors work ashore or at the yard, but some staff spend longer periods aboard. If that describes your team, tell your agent so they can review how your coverage is arranged. An attorney should answer any question about a specific employee.
What yards and owners ask for
Yards and owners often list their insurance requirements in the contract. Common items include a USL&H endorsement, maritime employers liability coverage and a waiver of subrogation. The exact wording varies by contract.
Read the requirements before staff arrive, so the certificate doesn’t hold up your start date. Our article on how to read a certificate of insurance explains what a certificate does and doesn’t show. Yards often ask for these items alongside general liability requirements, which we cover in our article on naval architect insurance for yacht designers in Florida.
What we see at Hardcover
Florida marine consultants are often surprised when a yard asks for USL&H on their certificate. The request tends to arrive after the contract is signed, and the firm has never heard of the endorsement.
A short review of the workers’ comp policy and the yard contract usually shows what is missing. Marine consultants who plan their coverage early can avoid delays at the gate.
Questions to ask your agent
- Does my workers’ comp include USL&H?
- Do any staff travel aboard on sea trials or deliveries?
- What does the yard contract require?
Related questions
Does my state workers’ comp cover injuries at a shipyard?
Not always. Some injuries at the water’s edge fall under federal USL&H. Your agent can check whether you need the endorsement.
Is a naval architect a seaman under the Jones Act?
Usually not, but it depends on the facts. This is a legal question for an attorney.
Why does the yard want USL&H on my certificate?
The yard may be responsible if your staff are hurt and your policy doesn’t respond.
General education, not legal advice. Hardcover is an insurance agency, not a law firm.