Section 22.15 Remedies in the Context of Longshore and Harbor Workers’ Compensation Act and State Compensation Statutes

• Library: Tort Law 2016

C. (§22.15) Remedies in the Context of Longshore and Harbor Workers’ Compensation Act and State Compensation Statutes

LHWCA and the Jones Act are, for all intents and purposes, mutually exclusive. See Chandris, Inc. v. Latsis, 515 U.S. 347, 355–56 (1995). A worker who falls within the coverage of LHWCA is precluded from recovery against the employer under the Jones Act. Swanson v. Marra Bros., Inc., 328 U.S. 1 (1946); 33 U.S.C. § 905.

To avoid confusion in light of the discussion of Naquin v. Elevating...