IDENTIFY HIDDEN USL&H ACT EXPOSURES

Tuesday, July 10, 2001 | 0

From International Risk Management Institute

Do you have a workers compensation exposure under the U.S. Longshore and Harbor Workers Compensation (USL&H) Act? You might be surprised to know that recent court decisions have found that a truck driver, bulldozer operator, and security guard qualified for compensation under the Act.

If employers fail to secure compensation under the Act, the penalties that can be assessed are onerous. The employer becomes subject to a civil action brought by the employee -- where common law defenses may not be used -- and is subject to a criminal misdemeanor charge for which executive officers must answer and could result in jail time. Executive officers are also responsible for any benefits due the injured employee. Double-check those work operations, and if you identify a potential exposure, seek coverage from an insurer approved by the U.S. Department of Labor to write the insurance.