Longshore and Harbor Workers’ Compensation Act

The Longshore and Harbor Workers’ Compensation Act (LHWCA) is important in that it covers maritime workers not protected by the Jones Act. These include harbor workers, longshoremen, and shipyard workers. The LHWCA provides workers’ compensation for these workers in case of an employment-related injury or illness. 

What Is the Longshore and Harbor Workers’ Compensation Act?

The Longshore and Harbor Workers’ Compensation Act is a federal law that provides workers’ compensation to certain types of maritime workers. It was designed to cover workers who load and unload vessels and engage in shipbuilding or repair.

Benefits of the LHWCA include compensation, medical expenses, and vocational rehabilitation for workers who become disabled due to workplace accidents. The law also allows for benefits to be paid to families of workers who die on the job.

Who Is Covered by the LHWCA?

The LHWCA protects certain maritime workers who aren’t considered seamen under the Jones Act. To qualify as a seaman, you must spend significant working time aboard an operable vessel in navigation and navigable waters.

The LHWCA covers maritime workers on navigable waters and in adjoining areas. These are listed as places such as loading and unloading areas and as places where ships are repaired or built.

The LHWCA includes longshore and harbor workers like shipbreakers, shipbuilders, and ship repairers. The law also provides extensions to cover workers contracted by the U.S. but working in other countries, civilians working with the U.S. military, and employees of private businesses operating on the outer continental shelf of the U.S.  

Who Is Not Covered by the LHWCA?

The LHWCA does not cover all maritime workers. For example, those qualifying as seamen under the Jones Act cannot be covered by the LHWCA. Other types of maritime workers excluded under the LHWCA include:

• Employees of the U.S. government
• Employees of a foreign government
• Employees intoxicated at the time of an injury or accident
• Employees who intentionally injured themselves
• Any employees covered by state workers’ compensation

What Benefits Does the LHWCA Include? 

If you qualify under the LHWCA and are injured or become ill on the job, the law guarantees you specific compensation:

• Injured or sick workers are entitled to 66 and two-thirds percent of weekly wages for as long as the illness or injury prevents them from returning to work.
• Workers also have a right to compensation for any permanent injury and medical expenses.
• Beneficiaries are entitled to certain benefits under the LHWCA for workers who die on the job. This amounts to 50 percent of the worker’s average wage for the surviving spouse, plus 16 and two-thirds percent of the average wage for each surviving child of the deceased.
• Funeral expenses of up to $3,000 may be provided as well.

The employer must pay the expenses guaranteed by the LHWCA to injured workers who qualify under the law. To pay these expenses, employers must be covered by an approved insurance provider or self-insured, which requires authorization from the Department of Labor.

In most cases, the injured worker or their beneficiaries receive benefits promptly and regularly from the employer or insurance provider.

Extensions of the LHWCA

The LHWCA has been extended several times to ensure that everyone in the maritime field has the right to compensation for on-the-job injuries or illnesses.

• The Defense Base Act is an extension that provides coverage for workers hired by U.S. contractors to work in foreign countries or waters.
• The Outer Continental Shelf Lands Act covers maritime workers in the private industry who work on the part of the outer continental shelf that belongs to the U.S.
• The Nonappropriated Fund Instrumentalities Act covers civilian employees working for social clubs, recreational facilities, and military post exchanges with the U.S. Armed Forces.

Does the LHWCA Have a Statute of Limitations?

If you qualify as a worker under the LHWCA and become ill or injured on the job, you do not have unlimited time to claim and get the compensation you deserve. The statute of limitations extends to one year after an injury or the diagnosis of a work-related illness.

If your employer currently pays your medical bills and lost wages directly, your statute of limitation begins when those payments stop.

There are some other exceptions to the LHWCA statute limitations:

• If your employer decides to stop paying benefits, you have up to three years to file an LHWCA claim.
• If your employer takes over a year to file an injury report form, your statute of limitations is waived.
• If you only realize that your work environment contributed to an illness or injury years after the fact, your statute of limitations can be extended. This may happen if you have a repetitive motion injury that worsens over time or if you become ill decades after exposure to asbestos on the job.

LHWCA Claims and Appeals

If you are injured or believe your workplace has made you sick, you can file a claim under the LHWCA. The most important thing to do first is to get a thorough accident report completed.

If your employer, you, or anyone else involved disagrees with any part of the claim or compensation, you will need this evidence to ensure you get the benefits you are entitled to. You also need to get medical care as soon as possible.

If there is a disagreement or conflict over benefits, your claim may go through an appeals process and a formal hearing with a judge. An appeal of the judge’s ruling goes before the Benefits Review Board and from there to a U.S. Circuit Court or even the Supreme Court.

You should know and understand your rights under the LHWCA if you are a maritime worker who qualifies. You are entitled to compensation if you are injured or sick because of your maritime job. Trust in an experienced lawyer who knows maritime law to help you through the process and ensure you get all you deserve.