Who is covered by the LHWCA?

The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal statute that provides workers’ compensation-like benefits for LHWCA workers who are injured on the job. LHWCA workers include land-based maritime workers such as longshoremen, dock workers, harbor workers, repairmen, forklift and crane operators, stevedores, and any worker who loads, unloads, repairs, maintains, builds or dismantles ships and other vessels.

In order to qualify for compensation under the LHWCA, the injury or death for which coverage is being sought must have occurred upon the navigable waters of the United States. Navigable waters include:

• Oceans
• Intra-Coastal waterways
• Adjoining piers
• Wharfs
• Dry docks
• Terminals
• Building ways
• Marine railways

Navigable waters also include any adjoining areas customarily used to load, unload, repair, maintain, build or dismantle a vessel.

Some workers are not eligible for benefits under the Longshore and Harbor Workers' Compensation Act. These workers include:

• The masters or members of the crew of any vessel (covered by the Jones Act)
• Officers and employees of the United States or a foreign government.
• Any employee who was injured because of his or her own intoxication while on the job.
• Any employee who intentionally tries to injure or kill himself or herself or another person.
• Employees who build, repair, or dismantle exclusively small vessels (as defined by the law) unless the injury occurs while upon the navigable waters of the United States or while upon any adjoining pier, wharf, dock, facility over land for launching vessels, or facility over land for hauling, lifting, or dry docking vessels.
• Clerical and administrative workers.

If the LHWCA applies, a worker’s claim, negligence and comparative fault are not considered and do not affect the worker’s rights to benefits. Just as with workers’ compensation, LHWCA benefits are not dependent on proving negligence or fault against an employer.

If you are injured while working at a job that is covered by the Longshore and Harbor Workers' Compensation Act, you must take the following steps in order to receive LHWCA Compensation:

1. Notify your employer immediately.
2. If you need medical treatment, request Form LS-1, which authorizes treatment by the doctor of your choice.
3. Seek medical treatment for your injury.
4. Within 30 days of the injury or death, you must give written notice of your injury to your employer using Form LS-201.
5. A written claim for compensation must be filed within one year after the date of injury or the last payment of compensation.

A claim for survivor benefits must be filed within one year after the date of death.

In some cases, LHWCA workers may be able to file a lawsuit against a third-party whose negligence contributed to the injury.
If you have been injured and believe that negligence contributed to your injury, speaking with a maritime law attorney is a good idea. The LHWCA attorney will be able to determine how you can best be compensated for your medical costs and other losses. To schedule an appointment with a lawyer with expertise in LHWCA compensation, contact The Young Firm at 866-938-6113.