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Longshore Act
The Longshore and Harbor Workers' Compensation Act, , commonly referred to as the "Longshore Act" or "LHWCA" is federal workers' compensation law/act enacted in 1927. Initially, it mandated coverage to employees injured on navigable waters of the United States. Today, it mandates that coverage be provided to certain "maritime" workers, including most dock workers and maritime workers not otherwise covered by the Jones Act. In addition, Congress has extended the LHWCA to cover non-appropriated fund employees (i.e. certain MWR and AAFES employees), Outer Continental Shelf workers, and U.S. government contractors working in foreign countries under the Defense Base Act This coverage is mandated for all employees, including owners and officers of companies that work in or around navigable waters of the United States. The LHWCA is administered by the Division of Longshore and Harbor Workers' Compensation, a division of the Office of Workers' Compensation Programs of the United S ...
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Workers' Compensation
Workers' compensation or workers' comp is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence. The trade-off between assured, limited coverage and lack of recourse outside the worker compensation system is known as "the compensation bargain.” One of the problems that the compensation bargain solved is the problem of employers becoming insolvent as a result of high damage awards. The system of collective liability was created to prevent that and thus to ensure security of compensation to the workers. While plans differ among jurisdictions, provision can be made for weekly payments in place of wages (functioning in this case as a form of disability insurance), compensation for economic loss (past and future), reimbursement or payment of medical and like expenses (functioning in this case as a form ...
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Merchant Marine Act Of 1920
The Merchant Marine Act of 1920 is a United States federal statute that provides for the promotion and maintenance of the American merchant marine. Among other purposes, the law regulates maritime commerce in U.S. waters and between U.S. ports. Section 27 of the Merchant Marine Act is known as the Jones Act and deals with cabotage (coastwise trade). It requires that all goods transported by water between U.S. ports be carried on ships that have been constructed in the United States and that fly the U.S. flag, are owned by U.S. citizens, and are crewed by U.S. citizens and U.S. permanent residents.46. U.S.C. § 50101 et seq. (2006).Lin, Tom C.W.Americans, Almost and Forgotten 107 California Law Review (2019) The act was introduced by Senator Wesley Jones. The law also defines certain seaman's rights. Laws similar to the Jones Act date to the early days of the United States. In the First Congress, on September 1, 1789, Congress enacted Chapter XI, "An Act for Registering and C ...
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Outer Continental Shelf
The Outer Continental Shelf (OCS) is a feature of the geography of the United States. The OCS is the part of the internationally recognized continental shelf of the United States which does not fall under the jurisdictions of the individual U.S. states. Definition Formally, the OCS is governed by Title 43, Chapter 29 "Submerged Lands", Subchapter III "Outer Continental Shelf Lands", of the U.S. Code. The term "outer Continental Shelf" refers to all submerged land, its subsoil and seabed that belong to the United States and are lying seaward and outside the states' jurisdiction, the latter defined as the "lands beneath navigable waters" in Title 43, Chapter 29, Subchapter I, Section 1301. The United States OCS has been divided into four leasing regions: *Gulf of Mexico OCS Region *Atlantic OCS Region *Pacific OCS Region *Alaska OCS Region State jurisdiction is defined as follows: *Texas and the Gulf coast of Florida are extended 3 marine leagues (approximately 9 nautical ...
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Defense Base Act
The Defense Base Act (DBA) (ch. 357 of the 77th United States Congress, , enacted August 16, 1941, codified at ) is an extension of the federal workers' compensation program that covers longshoremen and harbor workers, the Longshore and Harbor Workers' Compensation Act . The DBA covers persons employed at United States defense bases overseas. The DBA is designed to provide medical treatment and compensation to employees of defense contractors injured in the scope and course of employment. The DBA is administered by the United States Department of Labor. Who is covered under the DBA The Defense Base Act covers the following employment activities: Work for private employers on U.S. military bases or on any lands used by the U.S. for military purposes outside of the United States, including those in U.S. Territories and possessions; Work on public work contracts with any U.S. government agency, including construction and service contracts in connection with national defense o ...
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Office Of Workers' Compensation Programs
The Office of Workers' Compensation Programs administers four major disability compensation programs which provide wage replacement benefits, medical treatment, vocational rehabilitation and other benefits to certain workers or their dependents who experience work-related injury or occupational disease. See also *Federal Employees' Compensation Act of 1916 *Title 20 of the Code of Federal Regulations *Black Lung Benefits Act of 1972 *Accident Compensation Corporation - New Zealand's equivalent References External links * Office of Workers' Compensation Programsin the Federal Register The ''Federal Register'' (FR or sometimes Fed. Reg.) is the official journal of the federal government of the United States that contains government agency rules, proposed rules, and public notices. It is published every weekday, except on feder ... Office of Workers Workers' compensation {{US-gov-stub ...
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United States Department Of Labor
The United States Department of Labor (DOL) is one of the executive departments of the U.S. federal government. It is responsible for the administration of federal laws governing occupational safety and health, wage and hour standards, unemployment benefits, reemployment services, and occasionally, economic statistics. It is headed by the Secretary of Labor, who reports directly to the President of the United States and is a member of the president's Cabinet. The purpose of the Department of Labor is to foster, promote, and develop the well being of the wage earners, job seekers, and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights. In carrying out this mission, the Department of Labor administers and enforces more than 180 federal laws and thousands of federal regulations. These mandates and the regulations that implement them cover many workplace activities for about 10 m ...
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Forklift
A forklift (also called lift truck, jitney, hi-lo, fork truck, fork hoist, and forklift truck) is a powered industrial truck used to lift and move materials over short distances. The forklift was developed in the early 20th century by various companies, including Clark Material Handling Company, Clark, which made Transmission (mechanics), transmissions, and Yale Materials Handling Corporation, Yale & Towne Manufacturing, which made Hoist (device), hoists. Since World War II, the use and development of the forklift truck have greatly expanded worldwide. Forklifts have become an indispensable piece of equipment in manufacturing and warehousing. In 2013, the top 20 manufacturers worldwide posted sales of $30.4 billion, with 944,405 machines sold. History The middle nineteenth century through the early 20th century saw the developments that led to today's modern forklifts. The forerunners of the modern forklift were manually-powered hoists that were used to lift loads. In 1906, th ...
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Oil Field
A petroleum reservoir or oil and gas reservoir is a subsurface accumulation of hydrocarbons contained in porous or fractured rock formations. Such reservoirs form when kerogen (ancient plant matter) is created in surrounding rock by the presence of high heat and pressure in the Earth's crust. Petroleum reservoirs are broadly classified as ''conventional'' and '' unconventional'' reservoirs. In conventional reservoirs, the naturally occurring hydrocarbons, such as crude oil or natural gas, are trapped by overlying rock formations with lower permeability, while in unconventional reservoirs, the rocks have high porosity and low permeability, which keeps the hydrocarbons trapped in place, therefore not requiring a cap rock. Reservoirs are found using hydrocarbon exploration methods. Oil field An oil field is an area of accumulation of liquid oil underground in multiple (potentially linked) reservoirs, trapped as it rises by impermeable rock formations. In industrial terms, an o ...
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Crane (machine)
A crane is a type of machine, generally equipped with a hoist rope, wire ropes or chains, and sheaves, that can be used both to lift and lower materials and to move them horizontally. It is mainly used for lifting heavy objects and transporting them to other places. The device uses one or more simple machines to create mechanical advantage and thus move loads beyond the normal capability of a human. Cranes are commonly employed in transportation for the loading and unloading of freight, in construction for the movement of materials, and in manufacturing for the assembling of heavy equipment. The first known crane machine was the shaduf, a water-lifting device that was invented in ancient Mesopotamia (modern Iraq) and then appeared in ancient Egyptian technology. Construction cranes later appeared in ancient Greece, where they were powered by men or animals (such as donkeys), and used for the construction of buildings. Larger cranes were later developed in the Roman Empire, e ...
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Gas Explosion
A gas explosion is an explosion resulting from mixing a gas, typically from a gas leak, with air in the presence of an ignition source. In household accidents, the principal explosive gases are those used for heating or cooking purposes such as natural gas, methane, propane, butane. In industrial explosions many other gases, like hydrogen, as well as evaporated (gaseous) gasoline (American English)/petrol (British English) or ethanol play an important role. Industrial gas explosions can be prevented with the use of intrinsic safety barriers to prevent ignition. Lower and upper explosive limits Whether a mixture of air and gas is combustible depends on the air-to-fuel ratio. For each fuel, ignition occurs only within a certain range of concentration, known as the upper and lower flammability limits. For example, for methane and gasoline vapor, this range is 5-15% and 1.4-7.6% gas to air, respectively. An explosion can only occur when fuel concentration is within these limits. List ...
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Slip And Fall
A slip and fall injury, also known as a trip and fall, is a premises liability claim, a type of personal injury claim or case based on a person slipping (or tripping) on the premises of another and, as a result, suffering injury. It is a tort. A person who is injured by falling may be entitled to monetary compensation for the injury from the owner or person in possession of the premises where the injury occurred. Liability for slip or trip and fall injuries may arise based upon a defendant's ownership of the premises where the injury occurred, their control of the premises, or both. For example, a store may be liable for a slip-and-fall injury that occurs inside of its premises, even though it rents those premises, because it has exclusive control of the interior of the rented property. The owner of the premises (the store's landlord) may have sole or shared liability for an injury that occurs outside of the store's exclusive premises, such as the injury from a fall on the side ...
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Seaman Status In United States Admiralty Law
The status of a seaman in admiralty law provides sea, maritime workers with protections such as payment of wages, Occupational safety and health, working conditions, and Workers' compensation, remedies for workplace injuries under the Merchant Marine Act of 1920 (Jones Act), and the doctrines of "Seakeeping, unseaworthiness" and "Admiralty law#Maintenance and cure, maintenance and cure". Each of these remedies have the same criteria for the status of "seaman". Having the status of "seaman" provides sea, maritime employees with benefits that are not available to those without the status. However, the determination of who is a "seaman" is complex. History The term "seaman" has been used in admiralty law for centuries. U.S. courts have continued to narrow the definition of the term and the remedies available to those with the status through their rulings over that time. The Supreme Court of the United States, Supreme Court notably tried to summarize the remedies available to those w ...
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