The Longshore and Harbor Workers' Compensation Act (LHWCA) is a federal workers' compensation law for certain maritime employees injured on navigable waters or in adjoining areas used for maritime work. It can provide medical care, disability payments, vocational rehabilitation, and survivor benefits.
Coverage is not based on a job title alone. The work an employee performs and the place where the injury occurs can both matter. If there is a dispute about whether the LHWCA applies, LTHZ Law's longshore workers' injury attorneys can review the job duties, worksite, medical records, and filing history.
The LHWCA covers work-related injuries and occupational diseases involving qualifying maritime employment. According to the U.S. Department of Labor's Longshore Program, covered injuries can include sudden accidents, hearing loss, and illnesses that arise from employment.
Most coverage questions come down to two related requirements:
A worker may satisfy both tests even if only part of the job involves loading, unloading, repairing, dismantling, or building vessels. Coverage can become more complicated when duties change from day to day, the employee works for a contractor or vendor, or the accident happens near a port but away from the water.
Workers commonly covered by the Act include longshore workers, ship repairers, shipbuilders, ship-breakers, and harbor construction workers. Other employees may qualify when their work is an essential part of maritime activity and the injury occurs at a covered location.
Covered locations may include:
The wording of the statute is important, but the facts are what determine whether it applies. For example, a cargo handler injured at a marine terminal presents a different coverage question from an office employee who happens to work at the same terminal. Workers injured during loading operations or in unsafe dock conditions may also find useful information on our dock accident claims page.
The LHWCA does not cover every person who works on or near the water. The Department of Labor identifies several exclusions, including masters and crew members of vessels, government employees, and employees whose injuries were caused solely by intoxication or by a willful intent to harm themselves or someone else.
When state workers' compensation coverage applies, the Act also excludes certain office, clerical, security, data-processing, marina, recreational, retail, vendor, aquaculture, and small recreational-vessel workers. A crew member who qualifies as a seaman may fall under the Jones Act instead of the LHWCA.
These categories are not always obvious in practice. A job title such as mechanic, welder, driver, electrician, or supervisor does not answer the coverage question by itself. The employee's regular duties, connection to maritime operations, and worksite must be examined together.
The benefits depend on the injury, wage loss, medical evidence, and ability to return to work. They may include:
The Act can cover reasonable and necessary treatment for a work-related injury or illness, including hospital care, surgery, prescriptions, diagnostic testing, therapy, prostheses, hearing aids, and reasonable travel for treatment. An injured worker may choose a physician, although authorization is generally required before non-emergency treatment.
Temporary total disability benefits are generally two-thirds of the worker's average weekly wage, subject to minimum and maximum rates set by the Department of Labor. Temporary partial disability is generally based on two-thirds of the difference between pre-injury wages and post-injury earning capacity.
Permanent disability may be total or partial. Some permanent partial disabilities involving listed body parts are paid for a scheduled number of weeks. Other injuries may be evaluated according to the lasting loss of wage-earning capacity. The Department of Labor publishes the current Longshore minimum and maximum compensation rates.
If an injury prevents a return to the usual maritime job, vocational rehabilitation may help with evaluation, retraining, or placement in suitable work.
Eligible survivors may receive benefits when a work injury causes or contributes to an employee's death. Families facing a fatal occupational injury can also review our information about work-related death claims.
Deadlines can affect compensation, so it is better to document the injury and begin the filing process early. The Department of Labor's guidance for injured longshore workers outlines these basic steps:
For an occupational disease that does not immediately cause disability or death, the filing period may be two years from when the worker or claimant becomes aware, or should have become aware, of the relationship among the employment, disease, and disability or death. Because exceptions and different rules may apply, a worker should not assume a late claim is automatically lost without having the facts reviewed.
The Department of Labor maintains the current Longshore forms and filing resources, including LS-201, LS-203, and LS-262.
The employer or its insurance carrier reviews the claim and may begin paying benefits, request additional information, or dispute some part of the case. OWCP maintains the claim record, provides procedural assistance, and may hold an informal conference if the parties disagree.
A dispute can involve coverage, the relationship between the injury and work, the average weekly wage, the extent of disability, medical treatment, or the worker's ability to return to suitable employment. If the dispute is not resolved informally, the matter may proceed to a formal hearing before a Department of Labor administrative law judge.
OWCP staff can explain procedures, but they do not provide legal advice about how the law applies to an individual claim.
Sometimes. The LHWCA can provide benefits from the employer or carrier while a separate claim may exist against someone other than the employer or a co-worker. Examples may include a negligent vessel owner, equipment manufacturer, property owner, or contractor.
Third-party cases can affect reimbursement and credit rights under the LHWCA. Settling with a third party without addressing those rules can put continuing benefits at risk. The compensation claim and third-party case should therefore be evaluated together before any release is signed.
A legal review may be useful when:
Attorney fees in LHWCA matters are handled differently from ordinary contingency-fee cases. Fees must be approved by the appropriate Department of Labor office, administrative law judge, board, or court. Depending on how a dispute develops and whether additional benefits are obtained, the employer or carrier may be responsible for approved fees in some cases.
Longshore coverage and benefits depend on the worker's duties, location, medical evidence, wages, and filing history. LTHZ Law can review those details, explain the available claim path, and identify issues that should be addressed before a deadline or settlement.
Contact LTHZ Law for a free consultation. Bring any LS forms, medical reports, work restrictions, wage records, denial letters, and settlement papers you have received.
No. The LHWCA is a federal law for qualifying maritime employment and covered locations. State workers' compensation laws apply to many other workplace injuries. In some situations, the facts may raise questions about both systems.
The LHWCA generally covers qualifying land-based maritime workers, while the Jones Act applies to seamen who have the required connection to a vessel in navigation. The two systems are different, and determining which one applies can require a close look at the employee's actual work.
Written notice is generally due within 30 days using Form LS-201. Different rules may apply to occupational diseases and hearing-loss claims, and some late notices may be excused. Report the injury as soon as possible rather than relying on an exception.
Form LS-203 is generally due within one year after the injury or the last voluntary compensation payment, whichever is later. Certain occupational-disease claims may have a two-year period tied to awareness of the connection among the disease, employment, and disability or death.
Generally, an injured worker may choose a physician. Before non-emergency treatment, the worker should request authorization from the employer or carrier. The physician must be qualified to treat the condition and cannot be debarred by the Department of Labor.
Yes. A settlement must be submitted to the Department of Labor for approval. Before agreeing to one, review how it addresses disability compensation, future medical treatment, disputed issues, and any related third-party claim.
This article provides general information and is not legal advice. The law and the facts of each claim can differ.
