Location is determined at time of injury

Thursday, September 23, 2004
The U.S. Court of Appeals for the Fifth Circuit ruled that, in a case brought under the Longshore and Harbor Workers’ Compensation Act (LHWCA), the status of the location where the injury was incurred is determined at the time of the injury. In the instant case, plaintiff welder was injured while on a construction project. Two barge slips were being built. The injury was incurred on the land side of the project, before the remaining earthwork had been removed to allow water to enter. The court held that, since the site where the injury was incurred was not serving and had not served a maritime purpose, the LHWCA did not apply. Tarver v. Bo-Mac Contractors, Inc., No. 03-61028 (5th Cir. - HK Law)
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