Work Injury

Rights Under the Longshore and Harbor Workers’ Compensation Act

Chris Jul 28, 2018

The Longshore and Harbor Workers’ Compensation Act, or the LHWCA, is a federal law that offers benefits to harbor workers, longshoremen, shipyard and maritime workers in the United States. Other non-seamen marine workers who have been injured or developed various illnesses due to their job on navigable waters are also eligible. The LHWCA aims to protect those who are not protected by the Jones ActThe LHWCA is controlled through the United States Department of Labor’s Office of Workers’ Compensation Programs’ Division of Longshore Workers’ Compensation (OWCP). Keep on reading to learn your rights under the Longshore and Harbor Workers’ Compensation Act.

Who Does the LHWCA Cover?

The LHWCA covers about 500,000 hurt and/or handicapped maritime workers. The LHWCA covers maritime workers who work in different types of non-seaman jobs. Many non-seamen workers work harbors, shipyards and ports. Other workers covered by the LHWCA are those working on offshore facilities by the Outer Continental Shelf or on oil rigs.

The LHWCA covers any maritime injuries while a worker is in a facility on/near U.S. navigable waters. Facilities include terminals, piers, docks, or in general, anyplace ships are loaded and unloaded. The specific workers protected by the LHWCA are:

  • Longshore workers
  • Harbor construction workers
  • Ship repairers
  • Shipbuilders
  • Shipbreakers, and
  • Waterfront crane operators

It is possible the LHWCA can protect non=marine workers if they are hurt while employed on U.S. navigable waters.

What are the Different Benefits Under the LHWCA?

Maritime workers protected by the LHWCA can receive temporary benefits while they are out of work while receiving treatment for an on-the-job injury. Expenses covered by the LHWCA are among surgeries, prescriptions, crutches, or any needed devices or amenities. Survivor benefits can also be provided for any maritime worker deaths. The LHWCA can also compensate up to two-thirds of an injured worker’s lost wage, or for any injured body parts.

Employer Responsibilities

A maritime worker injured while working must also file a claim to report the time they lost from their work-related injury to the OWCP. An employer is obligated to give their injured worker the information and documents needed for them to file this claim. Employers must allow injured maritime workers to choose their own physician if they don’t want treatment by a doctor affiliated with the company or insurer.

If you are a maritime worker and want to learn more about your rights under the Longshore and Harbor Workers’ Compensation Act, you can trust the Schwartz Law Firm LLC to help you. Our experienced maritime accident claim lawyers are available if you are ever injured and need to use the Longshore and Harbor Workers’ Compensation Act. We have two locations in Louisiana, one Metairie and another in Baton Rouge. Feel free to call us today for your free initial consultation at 504-837-2263.

About Author: Chris

Legal Support and Marketing Director

Schwartz Law Firm was founded by Christopher Schwartz in 1997. After obtaining his MBA and law degrees, Christopher Schwartz served as a Workers Compensation claims adjuster. This experience gave him a view of the system from the inside and inspired him to begin his own practice. Christopher Schwartz has successfully represented many injured employees in Longshore claims, Jones Act claims, and Personal Injury claims. He is a tough negotiator, whose track record includes multi-million dollar verdicts and settlements. Chris has also authored a book titled “The Road to Justice”. In his book, Chris outlines how he and his colleagues fight for public safety and what role his clients can play in winning their own personal injury cases. Chris is a native of New Orleans and has practiced law in Louisiana for 14 years. As a result, he understands local laws and feels a special loyalty to local people. He takes every case personally. Chris is available to represent clients anywhere in Louisiana and Maritime clients anywhere in the Gulf South. But he is also qualified to represent Defense Base Act clients anywhere in the world outside the U.S. He also focuses on auto accidents, semi-trailer accidents, 18-wheeler accidents and slip & fall accidents.