Marine Link
Thursday, March 28, 2024

Dredge is a Vessel for Purposes of LHWCA

Maritime Activity Reports, Inc.

March 1, 2005

The U.S. Supreme Court ruled that a dredge not currently in navigation is still a vessel for purposes of the Longshore and Harbor Workers’ Compensation Act (LHWCA). In the instant case, a marine engineer was injured while performing repairs on a scow tied up to a dredge. The dredge was capable of only limited movement on its own, dragging itself along using anchors and cables. Otherwise, it had to be towed. The lower court held that, since the primary purpose of the dredge was not navigation or commerce, it was not a vessel and the marine engineer could not recover under the LHWCA. The Supreme Court held that the dredge was a vessel because it was a watercraft used, or capable of being used, as a means of transportation on water. Stewart v. Dutra Construction Co., No. 03-814 (HK Law)

Subscribe for
Maritime Reporter E-News

Maritime Reporter E-News is the maritime industry's largest circulation and most authoritative ENews Service, delivered to your Email five times per week