Staten Island is surrounded by working water. Longshore workers load and unload ships at the container terminal at Howland Hook. Shipyard and dry dock crews repair vessels along the Kill Van Kull. Tug and barge crews work the harbor, and thousands of people work on or around the Staten Island Ferry. When one of these workers is hurt, New York workers’ comp may not be the law that applies. Two federal laws often take its place, and choosing the wrong one can cost you time and money.

The short answer

  • Longshore workers, ship repairers and other dock workers employed by private companies are usually covered by the federal Longshore and Harbor Workers’ Compensation Act, not New York workers’ comp.
  • Crew members of a vessel (captains, mates, deckhands, engineers) are usually “seamen” covered by the Jones Act and general maritime law. That is a lawsuit, not a comp claim.
  • City, state and federal employees are excluded from the Longshore Act. A city worker hurt in a terminal or on a pier is generally covered by New York workers’ comp (or the federal employees’ system for federal workers).
  • Office, retail and restaurant workers at a terminal or marina are generally covered by New York workers’ comp.

The Longshore Act

The Longshore and Harbor Workers’ Compensation Act is a federal workers’ comp system for maritime workers. It generally applies when two things are true:

  • Your job is maritime work, such as loading and unloading ships, or building, repairing or breaking down vessels.
  • You were hurt on navigable water or an adjoining area used for that work, such as a pier, wharf, dry dock or terminal.

Like New York comp, it is no-fault. It pays medical treatment and two-thirds of your average weekly wage while you are out, up to a federal maximum that is set each year and is usually higher than New York’s. The process is different, though:

  • The claim goes to the U.S. Department of Labor, not the New York Workers’ Compensation Board.
  • Give your employer written notice within 30 days, and file your claim within one year of the injury (longer for some occupational diseases).
  • Disputes go to an informal conference with the Department of Labor, then to a federal administrative law judge.

Some injuries on land, such as on a pier or in a terminal yard, can fall under both the Longshore Act and New York workers’ comp. When both apply, benefits paid under one are credited against the other. Deciding where to file is a strategic choice that should be made with a lawyer.

The Jones Act: when you are part of the crew

Seamen are not covered by workers’ comp or the Longshore Act. Instead, a seaman injured on the job has three types of claims under federal maritime law:

  • Maintenance and cure: daily living expenses and medical care from the employer, regardless of fault.
  • A Jones Act claim against the employer for negligence.
  • An unseaworthiness claim against the vessel owner if the boat, its equipment or its crew was not reasonably fit.

To be a seaman, you generally need a substantial connection to a vessel in navigation. Courts often use a rule of thumb of about 30 percent of your work time spent in the service of a vessel. The deadline for these claims is generally three years from the injury.

Working on a boat does not always make you a seaman. In 2025, a New York appeals court held that an electrician who maintained ferries while they were docked was not a seaman. He did not sail with the boats, he reported to a supervisor on land, and his claim belonged under the Longshore Act.

Staten Island Ferry and NYC Ferry workers

Who your employer is matters as much as where you work.

  • Staten Island Ferry crew work for the city’s Department of Transportation. Crew members who work aboard the boats may be seamen with Jones Act claims.
  • City employees at the St. George and Whitehall terminals and in shore-side jobs are generally covered by New York workers’ comp. See workers’ comp for City of New York employees.
  • NYC Ferry is run by a private operator. Its crews may be seamen, and its shore-side maintenance workers may be covered by the Longshore Act.
  • Concession, cleaning and security contractors at the terminals are usually covered by New York workers’ comp through their own employer.

What to do after an injury on the water or the waterfront

  1. Report the injury in writing to your supervisor or the vessel’s master as soon as possible, and within 30 days at the latest.
  2. Get medical treatment and tell the doctor how it happened.
  3. Write down your employer’s name from your pay stub, the vessel or terminal, and the location where you were hurt.
  4. Don’t sign a release or a recorded statement before you know which law covers you.
  5. Find out which law applies before you file. Filing in the wrong system can mean missed deadlines.

Which lawyer you need

We handle New York workers’ compensation claims. We do not handle Longshore Act or Jones Act cases. Those are federal maritime claims with their own rules and deadlines, so call us anyway. If your case belongs under one of those laws, we will put you in touch with a lawyer who handles maritime injury cases. If it is a New York comp case, we will handle it.

Frequently asked questions

Are longshore workers covered by New York workers’ comp?

Usually not. Longshore workers, ship repairers and other private maritime workers hurt on the water or on a pier or terminal are generally covered by the federal Longshore and Harbor Workers’ Compensation Act. Some land-side injuries can fall under both systems.

Is a Staten Island Ferry worker covered by workers’ comp?

It depends on the job. City employees in terminal and shore-side jobs are generally covered by New York workers’ comp. Crew members who work aboard the ferries may be seamen with claims under the Jones Act instead.

What is the deadline for a Longshore Act claim?

Written notice to the employer is due within 30 days of the injury, and the claim generally must be filed with the U.S. Department of Labor within one year. Some occupational diseases have longer deadlines.

Can a seaman get workers’ comp?

No. Seamen are covered by the Jones Act and general maritime law: maintenance and cure regardless of fault, plus lawsuits for negligence and unseaworthiness. The deadline is generally three years.

Talk to a New York workers’ compensation attorney

The Law Offices of Frank J. Dito, Jr. handles workers’ compensation claims from the office on Staten Island, for injured workers throughout the five boroughs and across New York State.

Call 718.701.2776 or 800.310.5520. Consultations are free. If we don’t recover money for you, we don’t get paid.