Longshore and Harbor Workers’ Compensation Act
Ships are built for the sea, but they must come to shore eventually to accomplish their purpose. While on shore, cargo handlers and crane operators unload the ships, longshoremen load it back up, and welders and other ship repair workers address any maintenance issue the ship might have.
Jobs at sea and on the shore are dangerous. Longshore and harbor workers face the potential for serious injury every day. As a result, Congress has passed the Longshore and Harbor Workers Compensation Act (LHWCA) to help those workers continue to pay bills and keep food on their tables in the event of an injury. The Act also helps maritime workers cover their medical expenses and other damages after a debilitating accident.
Attorneys for the Longshore and Harbor Workers Compensation Act
If you are a harbor worker, longshoreman or other maritime worker who is not a member of the crew of a vessel and you are injured on the job, you may be eligible for benefits under the Longshore and Harbor Workers’ Compensation Act. The maritime lawyers at Anderson Carey Williams & Neidzwski, PLLC represent clients throughout the Pacific Northwest, including Washington, Oregon, California, and Alaska.
Although your employer might try to unfairly deny you benefits, delay paying benefits, or terminate you for seeking benefits, you have rights under the law. Pursuant to 33 U.S.C. § 905(b) of the LHWCA, workers can recover additional damages when vessel negligence caused or contributed to the accident.
If you are a harbor worker, longshoreman, or other maritime worker not a member of the crew of a vessel and were injured on the job, the Longshore and Harbor Workers’ lawyers at Anderson Carey Williams & Neidzwski, PLLC may be able to help you. Our experienced maritime lawyers will fight for you to get what you’re owed. Our offices are located in Seattle and Bellingham, Washington, Portland, Oregon, and San Francisco California.
We represent dock workers and other land-based maritime employees coast-to-coast and throughout the Pacific Northwest, including in Washington, Oregon, California, and Alaska. Call us today at 1 (800) 262-8529 or send an online message for a free consultation.
- Washington Maritime Employees Covered by LHWCA
- Oregon Injuries Covered Under Longshore and Harbor Workers Act
- Compensation for Injured Alaska Dock Workers
The Longshore and Harbor Workers’ Compensation Act covers employees in maritime fields who are not the members of the crew of a vessel, a state or federal employee, or an employee of a foreign government. This is a broad field of potential plaintiffs in Washington, Oregon and other maritime economies and includes:
- Dock Workers
- Crane Operators
- Cargo Handlers
- Ship Repair Workers
The LHWCA covers these types of workers if they were injured upon navigable waters of the United States subject to 33 U.S.C. § 905(a). For instance, if a welder is injured while working in the Port of Seattle, he would be eligible for benefits under the Act. If the same welder was injured after being taken out on the Puget Sound to work on a ship, he would still likely be covered under the Act. The Act does not generally cover “seamen” who are injured while at harbor. Those employees can seek to recover under a different law.
There are a wide variety of injuries that can occur while working at a harbor or dock. Some of these injuries may include:
- Shoulder injuries from improper lifting procedures;
- Back injuries from a slip and fall;
- Broken bones from falling or improperly stowed cargo;
- Head injuries from crane accidents;
- Amputated fingers from accidents with machinery;
- Chemical burns; or
- Burns from explosions.
If a mistake is made by the employee or the employee was not following proper procedures, he or she may still recover from the employer pursuant to the Longshore and Harbor Workers Compensation Act.
When a harbor worker or other employee covered by the Longshore and Harbor Workers Compensation Act is injured in Alaska, he or she is eligible for benefits. Benefits under the LHWCA work similarly to workers’ compensation or maintenance and cure. The employer, or, in most cases, the employer’s insurance company, is required to pay for all reasonable medical expenses related to the injury.
Injured harbor workers are also eligible to receive two-thirds of their annual weekly pay every week until the effects of the injury go away. 33 U.S.C. § 908(c)(21). A surviving spouse may receive half of the average wages of the deceased, and surviving children may receive up to 16 2/3rd percent of the average wages of the deceased.
Employers may attempt to deny claims, or fail to pay them. When an employer wrongfully denies or delays payments, certain penalties may apply. For instance, if the payment is more than 10 days late, an extra 20 percent may be added. 33 U.S.C. §914(g). It is illegal for an employer to terminate or otherwise retaliate against an employee for filing a valid Longshore and Harbor Workers Compensation Act claim. Your Seattle maritime injury lawyer can help you discover what civil avenues are available to you under this act and others.
Longshore and Dock Worker Lawyer in Seattle, WA
If you are a land-based maritime employee who was injured on the job, you may be eligible for benefits under the Longshore and Harbor Workers Compensation Act. The Longshore and Harbor Worker Lawyers at Anderson Carey Williams & Neidzwski, PLLC can help you claim those benefits.
Our maritime lawyers have offices throughout the Pacific Northwest including in Seattle and Bellingham, Washington, Portland, Oregon, and San Francisco, California. We represent clients throughout the states of Washington, Oregon, California, and Alaska.
We represent dock workers and other land-based maritime employees coast-to-coast. Call us today at 1 (800) 262-8529 or send an online message to set up a free consultation.
This article was last updated on Monday, July 9, 2018.