Longshore and Harbor Workers' Compensation Act

Enacted in 1927, the Longshore and Harbor Workers Compensation Act (LHWCA) is a federal law that provides benefits to injured maritime workers. The Act was initially created to offer coverage to longshoremen in U.S. navigable waters who were not protected by state workers' compensation laws. However, in the mid-1980s, the LHWCA was amended to offer protection to all longshore and harbor workers. Eligibility under the LHWCA is based on where the injured employee was working and whether their duties had a "traditional relationship to maritime employment."

If you are longshore or harbor worker who has been injured on the job, fill out our free case evaluation form to find out if you are eligible for compensation.

Employees Covered under the Longshore and Harbor Workers' Compensation Act

The LHWCA cover employees involved in traditional maritime activities such as:

Longshore operations
Harbor work
Loading and unloading vessels
Building or repairing vessels
General maritime construction

Excluded from the LHWCA are workers involved in the loading, unloading or repair of a vessel that is less than 18 tons; government employees; clerical staff; and marina employees not involved in the construction or expansion of the marina.

LHWCA Injury Benefits

If you are injured on the job, notify your employer immediately. Ask for a Form LS-1 which authorizes treatment by a physician of your choice. After you have received medical treatment, you must provide written notice of your injury to the employer within 30 days of the accident. Additional time is offered to employees suffering from hearing loss or an occupational illness. Lastly, file a written claim for compensation within one year of the accident. Claims for survivor benefits must also be filed within a year of the death, while cases involving occupational disease have two years to file.

Employees who qualify for injury benefits under the LHWCA may receive the following:

Medical Care: Injured employees are entitled to medical treatment, supplies and services related to the injury, as well as travel expenses incurred by such treatment. Under the LHWCA, injured workers can receive treatment at the physician of their choice. The physician may be a doctor, surgeon, dentist, optometrist, podiatrist or psychologist. Chiropractors may only been seen if the spine must be treated for dislocation.

Permanent Total and Temporary Total Disability: Subject to a maximum amount, disability compensation equals two-thirds of the employee's weekly paycheck. Permanent Partial Disability: Compensation is available for the loss of certain body parts or functions, including the loss of the arm, leg, foot, hand, fingers, toes, vision or hearing. The LHWCA specifies how many weeks compensation will be offered for each of these injuries. For instance, the total loss of a foot allows the worker 205 weeks of benefits.

Rehabilitation: Vocational rehabilitation, including tests, retraining, and counseling, is offered if the injured worker cannot return to their former job. Some rehabilitation benefits also include the costs of tuition, books and supplies.

Death Benefits: If a maritime employee is killed on the job, their remaining spouse and other eligible relatives can receive death benefits. The surviving spouse receives half of the decedent's weekly wage for life or until he or she remarries. Additional compensation, approximately 16% of the deceased employee's weekly wage, is payable for one or more children. In some circumstances, dependent parents, siblings, grandparents and grandchildren may be eligible for compensation. Survivors can also receive up to $3,000 in funeral expenses.

Maritime workers who suffer injuries on the job may struggle physically and financially. However, it is important to remember that benefits are available to help ease the burden of your injury. Even if you are unsure whether you qualify for LHWCA, we can help determine your eligibility, gather the proper paperwork and seek the maximum compensation for your injury or illness. Speak with a LHWCA lawyer today to make sure your rights are protected.