The Gulf Coast is a vital hub for maritime commerce, with bustling ports, expansive shipyards, and critical offshore operations. While these industries provide countless jobs, they also expose workers to significant risks. If you’ve suffered an injury while working as a longshoreman, harbor worker, shipbuilder, ship-breaker, or repairman in a maritime environment, you may be covered by a crucial federal law: the Longshore & Harbor Workers’ Compensation Act (LHWCA).
Unlike traditional state workers’ compensation systems, the LHWCA is a complex federal program specifically designed to provide compensation and medical benefits to a specific class of maritime workers. Navigating an LHWCA claim requires in-depth knowledge of federal regulations, and attempting to do so without experienced legal counsel can jeopardize your ability to secure the full compensation you deserve.
At our firm, our dedicated offshore injury lawyers have a comprehensive understanding of the LHWCA and are committed to protecting the rights of injured maritime workers across the Gulf Coast.
The Longshore & Harbor Workers’ Compensation Act (LHWCA) is a federal law enacted to provide a uniform system of workers’ compensation benefits for certain maritime employees who are injured on the job on or near navigable waters of the United States. It acts as a critical safety net for those whose work is essential to the maritime industry but who are not considered “seamen” under the Jones Act. The LHWCA is a no-fault system, meaning that if your injury or illness arose out of and in the course of your employment, you are generally entitled to benefits regardless of who was at fault for the accident.
Determining LHWCA coverage can be complex, as it relies on meeting two key criteria: the Status Test and the Situs Test. Both must typically be satisfied for coverage to apply.
This refers to the nature of your work. To meet the status test, you must be engaged in “maritime employment,” which includes traditional maritime occupations such as:
This refers to the location where your injury occurred. The accident must have happened on the “navigable waters of the United States,” or on any “adjoining area customarily used by an employer in loading, unloading, repairing, or building a vessel.” This includes areas like:
It’s crucial to understand that the LHWCA specifically excludes “a master or member of a crew of any vessel” (seamen), who are typically covered by the Jones Act. If you’re unsure whether your specific job and injury location qualify for LHWCA benefits, seeking legal advice is essential.
The LHWCA covers a wide range of work-related injuries and occupational diseases. If your injury or illness arose out of and in the course of your maritime employment, it’s likely covered. This includes sudden traumatic injuries from accidents, as well as conditions that develop over time due to your work environment.
If you are covered by the LHWCA and suffer a work-related injury, you may be entitled to a comprehensive suite of benefits designed to support your recovery and provide financial stability.
The LHWCA provides for all necessary and reasonable medical treatment related to your work-related injury or illness. This is a critical benefit, ensuring you receive the care you need without out-of-pocket costs. Covered medical care includes:
Crucially, under the LHWCA, you generally have the right to choose your own treating physician. This important right allows you to select a doctor you trust, rather than being forced to see one chosen by the insurance company or your employer. However, this is typically a “one free choice,” and changing doctors later often requires employer consent or a Department of Labor order.
If your injury prevents you from working, or reduces your ability to earn wages, the LHWCA provides wage replacement benefits. These benefits are typically calculated at two-thirds (2/3) of your average weekly wage at the time of your injury, subject to minimum and maximum rates set by the U.S. Department of Labor. Disability benefits fall into several categories:
If your injury is severe enough to prevent you from returning to your previous line of work, the LHWCA may provide vocational rehabilitation services. This can include skills assessment, job placement assistance, and even retraining programs to help you develop new skills and re-enter the workforce in a different capacity. The goal is to help you achieve wage-earning capacity as close as possible to your pre-injury level.
In the tragic event that a covered longshore or harbor worker dies due to a work-related injury or occupational illness, the LHWCA provides death benefits to eligible surviving dependents. These benefits can include reasonable funeral expenses (up to $3,000) and ongoing financial assistance to spouses, minor children, and potentially other qualified dependents, based on the deceased employee’s average weekly wage.
While the LHWCA is a “no-fault” system, securing the full benefits you deserve is rarely automatic. The process can be fraught with challenges, and employers or their insurance carriers often look for reasons to minimize or deny claims.
The LHWCA is a federal statute with specific procedures, deadlines, and interpretations by the U.S. Department of Labor’s Office of Workers’ Compensation Programs (OWCP) and administrative law judges. An experienced Longshore & Harbor Workers’ Compensation Act attorney understands these intricate rules, ensuring your claim is filed correctly and on time.
Insurance companies are businesses, and their primary goal is to limit payouts. They may try to dispute the extent of your injuries, argue they are not work-related, or pressure you to return to work before you are ready. Your attorney will serve as your advocate, negotiating with insurers, pushing back against unfair denials, and protecting your interests every step of the way.
Without legal guidance, injured workers often settle for far less than their claim is truly worth. An LHWCA lawyer will thoroughly assess all your potential damages, including future medical costs, lost earning capacity, and rehabilitation needs, to fight for the maximum compensation possible. They can also explore potential third-party claims against negligent parties who are not your employer (e.g., a negligent vessel owner or equipment manufacturer), which can provide additional avenues for recovery beyond LHWCA benefits.
Workers on the Gulf Coast, whether on docks, in shipyards, or involved in loading/unloading operations, face unique hazards that frequently lead to LHWCA claims. Common scenarios and resulting injuries include:
You must typically give your employer written notice of your injury within 30 days of the accident, or within 30 days of when you became aware of a work-related illness or disability. A formal claim for compensation must generally be filed with the Office of Workers’ Compensation Programs (OWCP) within one year from the date of injury or last payment of compensation. For occupational diseases, the deadline is typically two years from when you become aware of the work-relatedness of your condition. Missing these deadlines can jeopardize your claim, so acting quickly is vital.
Yes, generally you have the right to your initial choice of treating physician under the LHWCA. This is a significant right. However, if you wish to change doctors later, you will usually need the consent of your employer/insurance carrier or an order from the U.S. Department of Labor. Choosing the right doctor from the start, who understands workers’ compensation cases and will accurately document your injuries, is important.
The key difference lies in who is covered. The Jones Act applies specifically to “seamen” – crew members who spend a significant amount of their work time on a vessel in navigation and contribute to the vessel’s mission. The LHWCA, conversely, covers maritime workers who are not seamen but work on or adjacent to navigable waters, such as longshoremen, dockworkers, shipbuilders, and repairmen. Additionally, Jones Act claims often involve proving employer negligence, while LHWCA claims are a no-fault workers’ compensation system.
No. The LHWCA is a federal workers’ compensation statute, and like most workers’ compensation systems, it does not provide compensation for non-economic damages like pain and suffering, emotional distress, or loss of enjoyment of life. It focuses on economic benefits such as medical care, lost wages, and vocational rehabilitation. However, if your injury was caused by the negligence of a third party (someone other than your employer or a co-worker), you may be able to pursue a separate personal injury lawsuit against that third party, which could include damages for pain and suffering.
If your employer or their insurance carrier disputes your claim, they will typically file a “Notice of Controversion.” This means they are denying liability for your benefits. At this point, the case may proceed to informal conferences, formal hearings before an Administrative Law Judge (ALJ), and potentially appeals. Having an experienced LHWCA attorney by your side is crucial at this stage to present your case effectively, challenge the employer’s arguments, and fight for your benefits.
If you are a longshoreman, dockworker, shipyard employee, or any other maritime worker injured on the Gulf Coast and believe you are covered by the Longshore & Harbor Workers’ Compensation Act (LHWCA), don’t delay in seeking legal help. The deadlines for filing claims are strict, and the process can be complex.
At our firm, our skilled Longshore & Harbor Workers’ Compensation Act attorneys are ready to review your case, explain your rights, and fight tirelessly to get you the medical care and financial compensation you deserve. We offer free, no-obligation consultations and work on a contingency fee basis, meaning you pay no attorney fees unless we win your case.
Call us today or fill out our online contact form to schedule your free consultation. Let us put our experience to work for you.
