Longshore and Harbor Workers’ Compensation Act Claims Process

If you have been injured on the job and qualify under the Longshore and Harbor Workers’ Compensation Act (LHWCA), you may be entitled to compensation. The claims process requires that you follow specific guidelines and meet deadlines, and it can be confusing to get through the process without making mistakes. If you are unsure how to proceed, turn to the advice of an experienced lawyer who has helped with these claims for previous clients. 

What Are the LHWCA Reporting Deadlines?

One of the most important things you will do in getting workers’ compensation is report your injury or illness promptly and accurately. Any time you have an accident at work or think that work has made you sick, you should report it immediately and get your superior to complete and submit the appropriate forms.

The LHWCA requires that you file that report within 30 days of the incident. The report must be filed with your employer and the Office of Workers’ Compensation Programs, the federal department that administers LHWCA claims.

Are There Any Exceptions to LHWCA Deadlines?

There are some reasonable exceptions to this deadline, however. For instance, it is possible that an incident at work could cause you to have a physical or medical problem later.

For example, a back injury might seem mild at first but becomes severe and debilitating later, especially if aggravated by working conditions. If you can make that connection to an accident or exposure on the job but don’t realize it until more than 30 days after the accident, the 30-day deadline is waived.

Another possible situation in which you may be exempted from the 30-day reporting deadline for the LHWCA claims process is if you contract an illness or disease. It is not uncommon for an infection to appear or to be diagnosed long after the exposure at work that caused it.

For example, people exposed to asbestos may develop mesothelioma, but not until years later. Not everyone who thinks they should be exempt from the deadline will be, so you must always file a report as soon as possible.

What Is the LHWCA Statute of Limitations?

There is also a statute of limitations on filing LHWCA claims. The law gives you one year to file a compensation claim for an injury or death. If an employer has already been paying compensation but stops and you want to file a claim, you have one year from the last payment to do so.

For illnesses, the statute of limitations extends to two years beyond discovering the illness or the time you should have been aware of it and its connection to the workplace if you have sought appropriate medical care.

The Informal Conference

You file a claim for LHWCA benefits if your employer’s insurance company refuses to pay you after an accident or illness. If you feel they are wrong in denying you compensation, an LHWCA claim will help you fight for your right to compensation.

By filling out the appropriate form and filing a claim, you request an informal conference. The purpose of the informal conference is not to come to a decision about your claim or to grant you compensation.

The purpose of the conference is for an examiner to determine whether it can be proven that you were injured when and how you claimed and that it caused you to be disabled in some way. This examiner can then recommend that you start to receive benefits.

The Hearing

You can request a hearing if you get a recommendation from the informal conference.

• Another form must be filled out and sent to the Office of Workers’ Compensation Programs so you can be assigned a Judge for a formal hearing.
• Before the hearing begins, both sides have time to conduct an investigation, request documents, and ask questions or take depositions. This discovery period allows you and your lawyer to develop your case. The pre-hearing investigation can take up to six months, so be prepared to wait for a final decision.
• If your claim has not been settled at the actual hearing, a federal Administrative Law Judge will hear your case and determine if you got injured or sick while at work.
• The Judge will also decide on other factors important to your claim, like the extent of your resulting disability, whether or not you had a prior injury that contributed to the work injury, and finally, if and how much your employer’s insurer should pay you in benefits.

In rare cases, it is possible to get an expedited hearing. These emergency hearings are usually given to someone in serious financial need or who has had all medical benefits denied and cannot afford proper care.

Simple financial hardship is not enough to be granted an emergency hearing. There have to be severe consequences for this to be given.

How Long Does the LHWCA Claims Process Take?

The process for making an LHWCA claim varies depending on the details of each case. More complicated cases take longer. The average time is five months.

The claims process for the LHWCA can be confusing, especially if you are not an expert in the law. If you have been denied benefits, a knowledgeable lawyer experienced in filing claims and going through LHWCA hearings can help you get through the process with the best chances of winning your compensation. You have the right to compensation if you have been injured or your workplace has made you sick.