The Longshore and Harbor Workers’ Act requires federal workers’ compensation coverage for any non-public Ohio employer with employees engaged in maritime-related work, such as ship building or repair, and other maritime operations, unless the U.S. Department of Labor has specifically authorized the employer to self-insure.
BWC offers this coverage to Ohio employers through the Marine Industry Fund. The Marine Industry Fund was created to assist Ohio employers whose private insurance carriers no longer offer USL&H coverage or who could no longer afford the coverage because of high premium rates.
The offering of USL&H coverage through the Marine Industry Fund has no effect on an employer’s state workers’ compensation coverage. Ohio workers’ compensation coverage and USL&H coverage are two distinct types of coverage. An employer with one type of liability coverage is not exempt from the other type of liability, if the operations involved in the business show a need for that type of coverage. It is possible that some Ohio employers will need both types of coverage to comply with their legal obligations.
Although USL&H coverage is required for certain maritime employers, obtaining this coverage from BWC is optional. You can obtain it through private insurance carriers or you can apply to the U.S. Department of Labor for self-insurance.
To obtain USL&H coverage from BWC’s Marine Industry Fund, the employer must submit an application for coverage available from BWC’s Employer Services Division. Once approved you report payroll and pay premiums semiannually.