Workers’ Compensation · Primary-source case analysis

Sun Ship: State Compensation Can Operate Concurrently with Federal Longshore Coverage

By Aneeta Mishra and Timothy Chan

Published August 28, 2026

Sun Ship, Inc. v. Pennsylvania reviewed state compensation awards to shipyard workers whose injuries also fell within the expanded federal Longshore and Harbor Workers’ Compensation Act coverage area.

Federal coverage moved landward in 1972

Congress expanded the Longshore Act beyond injuries occurring on navigable waters to specified adjoining maritime areas.

Expansion did not preempt state remedies

The Court read the federal law as filling coverage gaps and preserving concurrent state authority rather than occupying the entire field.

Concurrent jurisdiction can produce overlapping entitlements

A worker may invoke both systems when each statute’s status and situs requirements are met.

Double recovery is not permitted

Credits and coordination rules must account for compensation already received under the other system.

Key takeaways

• Test both federal status and situs requirements.
• Independently analyze state compensation coverage.
• Coordinate notice, limitations, liens, and benefit credits.
• Do not assume federal coverage automatically eliminates the state claim.