LHWCA Lawyers (Longshore and Harbor Worker’s Compensation Act)

The Longshore and Harbor Workers’ Compensation Act (LHWCA) provides workers’ compensation benefits for maritime workers who are not seamen. It fills the gap between the Jones Act and state workers’ compensation. The compensation system is administered by the Department of Labor (DOL), and injured workers who qualify for coverage are entitled to disability benefits. The right to receive benefits does not depend on a finding that the employer was at fault for the worker’s injuries.

LHWCA covers injuries that occur during maritime employment on the navigable waters of the United States. Maritime employment includes the loading/unloading of vessels, repairing vessels and building a vessel. Navigable waters consist of places beyond where a boat could float and/or places on land that adjoin water. A worker, who is injured on a pier, wharf, dry dock, or terminal, can be eligible for compensation.

LHWCA provides medical and disability benefits, as well as rehabilitation services. The medical services must relate to the injury or illness sustained on the job. Occupational diseases that arise from marine employment are also included (such as chronic illnesses like asbestosis). The Act also provides wrongful death benefits to survivors of a worker who is killed on the job.

Rules for claiming benefits:

1. You have only 30 days to give your employer notice of the injury.
2. A formal LHWCA claim for benefits must be filed with the DOL within one year from the date of injury.
3. An employer can dispute the claim or begin voluntary payment within 14 days of the accident.

The Longshore and Harbor Workers’ Compensation Act also allows an injured worker to sue persons or entities, other than the employer or a co-worker, whom the worker believes to be at fault for his or her injuries. When a worker is injured on a vessel, there may be a claim of negligence against the vessel and its owner, resulting in a Third Party Longshore case.

If you have been injured and would like more information about your rights, then contact our experienced nationwide Longshore Injury Lawyers at the maritime law firm of Schechter, Shaffer & Harris, L.L.P. by email at info@smslegal.com or by phone at (800) 836-5830.