Longshore and Harbor Workers’ Compensation

Longshore and harbor workers who are injured on the job may be entitled to compensation under the Longshore and Harbor Workers Compensation Act (“LHWCA”). This federal law was enacted to guarantee coverage for workers not covered by the Jones Act.

There are strict rules under the LHWCA that must be followed before being compensated through this act. Failure to follow the rules can delay or even bar recovery completely. Contact our offices today to preserve your claim and discuss your options.

What Is the Longshore and Harbor Workers Compensation Act?

The Longshoreman and Harbor Workers Compensation Act is a federal law that provides benefits for employees hurt on the job in specific professions. LHWCA is limited only to workers in “dangerous” professions who are working in the vicinity of the harbor.

The act typically applies to those involved in shipbuilding activities. Office workers, seamen, and those not employed by the dock are not covered. Ship captains and their crew are also not covered under this act but rather by the Jones Act.

The LHWCA applies to any coverable employee injured while working on the navigable waters of the United States or structures immediately surrounding them. The same applies to workers stationed on offshore oil and gas platforms. Typical job titles covered are:

• Longshoremen
• Stevedores
• Shipbuilders
• Marine Engineers
• Harbor Construction Workers
• Oil Rig and Gas Platform Workers

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What Coverage does the Act Offer?

Longshoreman and Harbor Workers Compensation Act’s primary purpose is to cover medical expenses and loss of wages caused by an on-the-job injury. These benefits also offer temporary and permanent disability, death benefits, and rehabilitation services. 

These are limited in what can be covered and their reasonableness. Your claim can be denied. If denial does occur, immediately contact one of our expert attorneys to preserve your claim and begin the next steps toward recovery. These coverages apply to an on-the-job injury claim and in the event of death. 

What Are the Benefits of Filing a Claim Under the LHWCA?

There are many benefits to filing a claim under the LHWCA, including:

• Medical expenses: The LHWCA will pay for all reasonable medical expenses related to your injury, including doctor’s visits, hospital stays, and prescription drugs.
• Lost wages: If you are unable to work due to your injury, the LHWCA will pay you for your lost wages.
• Temporary disability: If your injury results in temporary disability, the LHWCA will pay you a weekly benefit.
• Permanent disability: If your injury results in permanent disability, the LHWCA will pay you a monthly benefit.
• Death benefits: If you are killed on the job, your dependents may be entitled to death benefits.

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What Is the Claim Procedure?

Filing a claim under the LHWCA is a simple process. To begin, you must report the injury to the appropriate office within your employer. This can either be your immediate supervisor in your department or a department eligible to receive claims. Then the Department of Labor receives the claim.

Once DOL has the claim, they begin to review it and determine if your claim falls under the Longshoreman and Harbor Workers Compensation Act. If the claim is covered, then an Administrative Law Judge is assigned to the claim. The ALJ will hear all the evidence and make a determination. 

If the determination is unfavorable to you, you may appeal the claim to the United States Court of Appeals. Claims can vary in length until they are fully resolved. A claim can be resolved in a few months or take longer than a year to be finalized.

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Contact Us

If you have been injured on the job, you may be entitled to compensation under the LHWCA. The process is tedious and very important to your treatment. Do not go through the LHWCA process alone.

Hire Van Law Firm to represent your interests. We will ensure the court gives your case a fair determination and fight to get you the compensation you deserve. Your claim will have the best chance at approval with us.