USL&H for Marine Contractors Handling Winter Repairs and Emergency Work

Winter doesn’t just slow down marine operations. It amplifies the reasons you should consider getting USL&H coverage. Otherwise known as U.S. Longshore and Harbor Workers’ Compensation insurance, this coverage is indispensable for every company that hires marine contractors, especially during the winter.

Accidents can happen no matter what the season. But risks abound in the colder months for contractors working around docks, piers, barges, and damaged waterfront structures, making USL&H essential. 

When Does USL&H Apply?

The U.S. Longshore and Harbor Workers’ Compensation Act (USL&H) provides workers’ compensation coverage for maritime employees who are not covered under state workers’ compensation laws. It applies when employees work on or near navigable waters or on adjoining marine structures such as docks, piers, wharves, bulkheads, terminals, and barge-supported platforms. 

Winter operations may push contractors into these environments because storm damage often requires immediate over-water access. Common winter job scenarios that can trigger USL&H include:

• Emergency stabilization of a damaged pier
• Over-water welding or structural reinforcement
• Repairs from a barge after a vessel collision or ice damage
• Work adjacent to navigable waters during storm cleanup

Imagine a harsh winter storm that results in a partially collapsed pier. If workers access the site by barge or perform repair work over water, any incident would fall under USL&H jurisdiction rather than state workers’ compensation.

What Winter Hazards Increase Injury Exposure Under USL&H?

Winter conditions increase worker injury risk, particularly for employees working on or over water. The Occupational Safety and Health Administration identifies several cold-stress hazards that can impair a worker’s ability to function safely:

• Hypothermia: When the body loses heat faster than it can produce it, impairing coordination, reasoning, and motor function
• Frostbite: Freezing of skin and tissue, often affecting hands, ears, and feet, potentially leading to permanent damage
• Trench foot: Caused by prolonged exposure to cold, wet conditions — even at temperatures as high as 60°F
• Cold water immersion: Rapid heat loss in water below 70°F, with survival time affected by clothing, flotation devices, and rescue capability.

These risks compound normal winter hazards such as:

• Ice on decks and docks
• Unstable, shifting structures
• Slippery vessels and limited visibility
• Storm-driven water movement
• Fatigue and emergency-response pressure

Because these exposures increase the likelihood of injuries that fall under USL&H, agents should confirm whether clients have crews operating on or over water during winter months. If so, proper USL&H coverage is a must. 

How Should Agents Position USL&H?

USL&H does not operate in isolation. Winter repair and emergency work often involves vessels, barges, or transport, creating overlaps with maritime employers liability (MEL), contractors equipment coverage, and commercial marine liability coverages. 

Underwriters typically want to review:

• Detailed job descriptions for winter work
• Vessel involvement or barge staging
• Equipment lists and over-water access methods
• Subcontractor exposure and certificate requirements
• Emergency-response commitments and after-hours operations

Your job, meanwhile, is to:

• Review winter maintenance and emergency-service contracts
• Confirm that subcontractors are carrying proper USL&H or MEL coverage
• Encourage pre-winter site and contract evaluations
• Reinforce Merrimac’s ability to assist with complex marine contractor placements

Why Agents Should Prioritize USL&H Before Winter Begins

As temperatures fall, both injury frequency and injury severity can rise, making USL&H indispensable for marine contractors performing winter repair or emergency-response work. Now is the time of year to review winter job scopes, employee classifications, subcontractor involvement, and vessel support requirements and verify there’s adequate USL&H protection.

Contact Merrimac Marine for help structuring a winter-ready USL&H program for your clients. As they enter one of the highest-risk periods for marine and over-water operations, they need you at their side. 

About Merrimac Marine Insurance

At Merrimac Marine, we are dedicated to providing insurance for the marine industry to protect your clients’ business and assets. For more information about our products and programs, contact our specialists today at (800) 681-1998.