Workers’ Compensation · Primary-source case analysis

Perini: Work Injury on Actual Navigable Waters Preserved Longshore Coverage

By Aneeta Mishra and Timothy Chan

Published August 22, 2026

Director, OWCP v. Perini North River Associates involved a construction worker injured on a barge while helping build a sewage-treatment plant extending over the Hudson River.

Pre-1972 coverage protected workers injured on navigable waters

The Act historically reached employees hurt while performing work on actual navigable waters when state compensation could not validly apply.

Congress did not silently withdraw that coverage

The 1972 amendments extended protection landward and added a status requirement, but the Court found no clear intent to strip coverage from workers already protected on the water.

Presence on the water must be occupational rather than fortuitous

The holding concerned a worker performing assigned duties from a vessel or marine platform, not a land-based employee momentarily or incidentally over water.

Other statutory exclusions and requirements remain

Seaman status, government-worker exclusions, responsible employer, causation, and benefit calculation must still be analyzed under current law.

Key takeaways

• Fix the precise injury location relative to navigable waters.
• Document why the employee was working on the water.
• Analyze Longshore coverage separately from Jones Act seaman status.
• Check current exclusions, notice, and limitations rules.