Massachusetts Injury Lawyers Blog
Employees who work in ports, shipyards, and other maritime settings may be covered by both federal and state workers’ compensation laws. In some circumstances, federal law allows injured workers to pursue benefits under both systems, but whether dual recovery is actually available depends on the interaction between federal law and the applicable state workers’ compensation statute. A recent workers’ compensation decision illustrates how a state law may limit an employee’s ability to recover additional benefits after accepting compensation under the federal Longshore and Harbor Workers’ Compensation Act. If you have questions regarding whether you may pursue workers’ compensation benefits under both federal and state law, you should consult with a Massachusetts workers’ compensation attorney to understand your legal rights.
Facts and Procedural History
Reportedly, the claimant had worked at a commercial port for many years and, following a change in ownership, continued his employment as a janitor. His responsibilities primarily involved cleaning restroom trailers, sweeping, removing trash, and performing other custodial tasks throughout the port facility. He did not load or unload ships, perform longshore work, or board vessels as part of his employment.
Allegedly, the claimant sustained a serious injury to his left upper extremity while clearing snow from outside a restroom trailer so he could perform his cleaning duties. The injury ultimately required three surgeries. The employer accepted the claim under the federal Longshore and Harbor Workers’ Compensation Act (LHWCA) and paid both medical expenses and wage replacement benefits. Several years later, the claimant filed petitions seeking additional disability, permanent impairment, and disfigurement benefits under the applicable state workers’ compensation law.
It is reported that the employer argued the workers’ compensation board lacked jurisdiction because the claimant had already received benefits under the LHWCA. The parties agreed that the sole issue before the Board was whether state law permitted the claimant to pursue workers’ compensation benefits in addition to the federal benefits he had already accepted.
Workers’ Compensation Benefits from Multiple Sources
The Board began by recognizing that, under the United States Supreme Court’s decision in Sun Ship, Inc. v. Pennsylvania, federal law permits concurrent jurisdiction in many land-based maritime injury cases. In other words, the LHWCA itself does not prohibit an injured worker from also pursuing state workers’ compensation benefits when both systems potentially apply.
The Board explained, however, that the applicable state workers’ compensation statute imposed an additional limitation. Under that law, employees injured while engaged in interstate or foreign commerce generally could not recover state workers’ compensation benefits when federal law already provided compensation for the same injury. Although the statute contained a limited exception for certain employers that voluntarily obtained state workers’ compensation insurance, the Board concluded that exception did not apply because the employer’s policy covered only clerical office employees and security personnel, not janitorial employees such as the claimant.
The claimant argued that he was not actually covered by the LHWCA because his janitorial duties were not sufficiently connected to maritime employment. The Board declined to resolve that issue on the merits. Instead, it emphasized that the employer had accepted the claim under the LHWCA immediately after the accident, had paid years of medical and indemnity benefits, and that the claimant had accepted those benefits without objection. Under those circumstances, the Board concluded that both parties were bound by their mutual acceptance of federal coverage. The claimant could not continue to retain federal workers’ compensation benefits while simultaneously arguing that the LHWCA never applied to his injury.
Because the claimant had accepted benefits under the LHWCA and the applicable state workers’ compensation statute barred additional recovery when federal compensation was available, the Board dismissed the petitions for additional state benefits. The decision demonstrates that although federal law may permit concurrent jurisdiction, an injured worker’s ability to recover under both systems ultimately depends on the governing state workers’ compensation statute.
Speak With an Experienced Massachusetts Workers’ Compensation Attorney
If you were hurt while working and want to discuss whether you may pursue workers’compensation benefits it is smart to speak with an attorney. Attorney James K. Meehan of the Law Office of James K. Meehan is an experienced Massachusetts workers’ compensation who can assess your case and help you to seek any benefits you may be owed. To schedule a consultation, contact the firm at 508-822-6600 or reach out online.