by Lindy Z. Kerr, Esq.

A change to the meaning of “employee” under the Longshore and Harbor Workers’ Compensation Act (LHWCA) could lead to an increase in workers’ compensation claims covered by State law. Under the amendment, which was part of the American Recovery and Reinvestment Act of 2009 and takes effect January 30, 2012, a worker who repairs or dismantles a recreational vessel is not considered an employee for purposes of Longshore coverage. Under the old version of the law, only workers who repair or dismantle recreational vessels less than 65 feet in length were excluded from coverage.

The new version of the law will affect some recreational vessel manufacturers, marina owners and operators, and repair shop owners. These types of employers are likely to see instances where accidents that could have been covered by either the LHWCA or the Georgia Workers’ Compensation Act under the old law are now covered exclusively by the Georgia Workers’ Compensation Act. However, it is important to note that the changes in the LHWCA do not affect employee’s burden of proof under Georgia law. The injured employee must still prove his accident and injury arose out of and in the course of employment for Georgia law to apply.

For more information on the changes in the LHWCA, please visit the Federal Register website.