The Differences Between USL&H, MEL, and Workers' Compensation

The differences between USL&H (United States Longshore and Harbor Workers' Compensation Act Insurance), MEL (Marine Employers' Liability), and Workers' Compensation lie in who they cover, where they apply, and what they protect against. Here's a breakdown of each and when they apply:

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1. Workers' Compensation (WC)

• Who It Covers: Employees who work on land (non-maritime workers).
• When It Applies: If an employee is injured or becomes ill due to their work while performing job duties on land.
• Legal Requirement: Mandated by state law for most businesses with employees.
• Typical Example: A construction worker gets injured on-site, or an office worker develops carpal tunnel syndrome.
• Exclusion: Does not cover maritime employees working on navigable waters.
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2. USL&H (United States Longshore and Harbor Workers' Act Insurance)

• Who It Covers: Employees who work on or near navigable waters in the U.S., such as longshoremen, shipbuilders, dock workers, and harbor construction workers.
• When It Applies: If an employee is injured while working on docks, piers, harbors, shipyards, or offshore oil rigs.
• Legal Requirement: Mandated by federal law under the Longshore and Harbor Workers' Compensation Act (LHWCA).
• Typical Example: A dockworker loading cargo onto a ship gets injured.
• Exclusion: Does not cover the crew members of vessels (they fall under Jones Act coverage).

✅ Key Difference from Workers' Compensation: USL&H is federally regulated and typically pays higher benefits than state workers' comp.

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3. MEL (Marine Employers' Liability)

• Who It Covers: Employees working on a vessel, such as crew members, captains, and maritime workers who don't qualify for USL&H but are exposed to maritime risks.
• When It Applies: If a worker is injured while working on a vessel in navigation, including offshore work.
• Legal Requirement: Not required by law, but often contractually required by companies hiring vessel operators.
• Typical Example: A deckhand gets injured while working aboard a ship.
• Exclusion: Does not apply to dockworkers or land-based employees—those would require USL&H or standard Workers' Comp.

✅ Key Difference from USL&H: MEL applies to workers aboard a vessel, while USL&H applies to those working on docks, shipyards, or harbors.

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Quick Comparison Table

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When to Use Each Coverage Type

• If your employee is injured on land → Workers' Compensation
• If your employee is injured on or near docks, piers, shipyards → USL&H
• If your employee is injured while working on a vessel → MEL