Maritime work is demanding and often dangerous, with hazards that go far beyond those in typical land-based jobs. From heavy equipment on docks to unpredictable conditions on navigable waters, injuries are not uncommon. Unfortunately, traditional workers’ compensation systems don’t always extend to these environments. That’s where the Longshore and Harbor Workers’ Compensation Act steps in.
This federal law provides vital protection for maritime employees who aren’t classified as seamen but still face serious occupational risks. Whether you’re a dockworker, shipbuilder, or terminal laborer, understanding your rights under this act and how a longshore injury lawyer can help is essential after a harbor worker accident.
What Is the Longshore and Harbor Workers’ Compensation Act?
The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal law that provides compensation to employees injured on navigable waters or adjoining areas such as docks, piers, terminals, and shipyards. It also applies to workers disabled due to occupational diseases arising from maritime employment, including long-term exposure to hazardous materials, repetitive strain injuries, and other job-related health conditions specific to the maritime industry.
Who Is Covered Under the LHWCA?
Not every maritime worker is covered by the LHWCA. The act applies primarily to longshoremen, harbor workers, shipbuilders, and ship repairers. It does not apply to seamen (who are covered under the Jones Act) or office workers. Independent contractors, clerical staff, and those whose duties are only incidentally related to maritime activities are also excluded. If you work near or on the water in a maritime capacity, it’s essential to understand your rights under this law to ensure proper protection in case of injury.
Benefits Provided Under the LHWCA
The LHWCA provides several crucial benefits to support injured maritime workers and their families, helping to ease the burdens that follow a workplace injury:
- Medical care for work-related injuries: Covers all necessary treatment, including surgeries, medications, and rehabilitation.
- Temporary total disability benefits: Provides two-thirds of your average weekly wage if you’re temporarily unable to work.
- Permanent disability compensation: Offers ongoing payments for permanent partial or total disabilities, based on severity.
- Vocational rehabilitation services: Assists with retraining and job placement if you can’t return to your previous work.
- Death benefits for surviving dependents: Provides financial support and funeral expenses in the event of a work-related fatality.
These benefits ensure vital protection for workers injured in high-risk maritime environments.
Filing a Claim Under the LHWCA
Filing a claim requires timely notice to the employer and submission of appropriate forms to the U.S. Department of Labor. Detailed documentation, including medical records and witness statements, strengthens your case.
It’s highly recommended that injured workers seek guidance from a maritime attorney with experience in harbor worker injury cases to ensure their rights are fully protected and all procedural deadlines are met.
“The LHWCA provides over $900 million in benefits annually to injured maritime workers and their families.”
— U.S. Department of Labor
Key Differences Between the LHWCA and Other Maritime Laws
Unlike the Jones Act, which covers seamen, or general workers’ compensation laws that apply to land-based employees, the LHWCA is tailored to bridge the gap for those working on the edges of maritime environments. It specifically addresses the unique hazards faced by dockworkers, terminal operators, and shipyard employees. Understanding these nuances is critical when determining how to pursue compensation after a workplace accident and ensuring you receive the full benefits you’re entitled to under federal law.
Why Legal Representation Matters
While the claims process is designed to be straightforward, insurance companies and employers may aggressively contest liability or benefits to minimize payouts. An experienced federal maritime injury lawyer can help navigate the legal complexities, gather crucial evidence, and maximize your benefits under the LHWCA to ensure you receive fair and timely compensation.
(U.S. Department of Labor Statistics)
At BoatLaw, LLP, we understand the unique challenges faced by maritime workers after an injury. From navigating complex claims to standing up for your rights, our team is here to help you every step of the way. With decades of experience in Longshore and Harbor Workers’ Compensation Act cases, we’re committed to securing the compensation you deserve. Contact us, BoatLaw, LLP, to be your trusted advocate on the road to recovery.
Legal Disclaimer
The information provided is for educational and informational purposes only. The information on this website is not intended as legal advice and should not be used as a substitute for consulting a licensed attorney. Legal outcomes and laws can vary by jurisdiction, and only a qualified lawyer can provide guidance tailored to your situation.
Douglas R. Williams was raised in a military family. After retiring from the armed forces, his father sailed as the chief medical officer with many of the most popular cruise lines, including Holland America Line, Carnival Cruise Line, Disney Cruise Line, and Norwegian Cruise Line. When not in school, Doug spent a good part of his youth in the crew quarters sailing with his father on cruise ships. He developed a practical knowledge of the maritime industry from a young age. Learn More here.
