Excavator May be LHWCA Harbor Worker

Tuesday, April 18, 2006
The U.S. Court of Appeals for the Ninth Circuit ruled that an excavator was a harbor worker under the Longshore and Harbor Workers’ Compensation Act (LHWCA) when he was killed while excavating a utility line trench as part of a project to renovate three submarine berths at Pearl Harbor. The work was being done ashore, but directly adjacent to, the berths. The court held that the term “harbor worker” includes workers directly involved in the construction of a maritime facility, even though their specific job duties are not maritime in nature. Source: HK Law
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