Covering the Waterfront: What P&C Brokers Miss About Workers' Comp – and How to Fix It

Covering the Waterfront: What P&C Brokers Miss About Workers' Comp – and How to Fix It

White Papers

Across U.S. ports, shipyards, terminals, and waterfront construction sites, a quiet coverage gap is putting brokers and their clients at risk. The Longshore and Harbor Workers' Compensation Act (LHWCA) – a federal statute that has governed maritime workers since 1927 – continues to apply to a significant share of the American waterfront workforce. Yet many P&C brokers still place standard state workers' compensation policies on accounts with maritime exposure, only to learn the limits of that coverage after a serious injury occurs. For brokers placing coverage on waterfront accounts, the stakes of misreading LHWCA exposure are real, and the margin for error is narrow.

Covering the Waterfront gives brokers the practical framework needed to spot maritime exposure before it becomes a claim, a coverage dispute, or a professional liability issue. Drawing on federal statute, case law, and AEU's specialized underwriting experience, the white paper breaks down the two tests that determine LHWCA coverage, clarifies the overlap with the Jones Act, and shows brokers how to structure layered programs that protect clients across every "zone of uncertainty." Whether you handle a single waterfront account or an entire book with hidden maritime exposure, this guide helps you close the gap with confidence.

In downloading this white paper, you will learn:

  • How the LHWCA's status and situs tests determine federal coverage – and why state workers' comp alone often falls short
  • Where coverage confusion typically lives, including mixed-use facilities, split-duty employees, and "other adjoining areas"
  • How USL&H, state act, Maritime Employers' Liability (MEL), and Ocean Marine fit together in a properly structured maritime account
  • The legal and financial consequences of placing only state coverage on a maritime exposure, including personal liability for corporate officers
  • Screening questions and operation-based indicators that reveal high-probability, frequently missed, and hidden exposure across your book
  • Why specialized maritime knowledge positions brokers as long-term advisors rather than transactional policy providers

Download Covering the Waterfront now to identify maritime exposure in your book, structure stronger coverage for your clients, and protect your firm from one of the most overlooked liability gaps in P&C.

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