Longshore and Harbor Workers’ Compensation

The Longshore and Harbor Workers’ Compensation Act (LHWCA) offers occupational diseases protection and employment-related injury protection for over 400,000 workers on waters that can be navigated in the United States and adjoining areas as well as some other classes of workers who are also covered by certain provisions of the act.

Have you or someone you know been injured at work and need to file for a medical compensation claim to cover your medical bills? If so, contact one of our experienced workers compensation lawyers in your area today!

Who is Covered

LHWCA covers maritime occupations, longshore operations, harbor workers, ship repairers, shipbreakers, and shipbuilders. There are some who are excluded from this coverage. These individuals include those who have coverage under a state workers’ compensation law, namely certain service employees, small vessel workers, office employees, certain retail employees, masters and members of a crew on any vessel and those who are employed as repair persons for particular recreational vehicles.

Provisions & Requirements

LHWCA mandates certain provisions and requirements for those who wish to apply and receive benefits. They include:

• Injured employees are eligible to receive 66-2/3 percent as disability pay as long as the injury exists. Eligible survivors include widows or widowers who receive 50 percent of the average weekly wage which is determined by the Secretary of Labor.
• The maximum amount of compensation that can be paid under the LHWCA is 200 percent of the weekly wage that is determined by the Secretary of Labor.
• Whether injury or death, claim and report must be filed within 10 days from the date of death. Exception is to this requirement if the injury does not cause the employee to lose one or more work shifts.
• Employers are required to maintain specific records of injuries and to provide insurance for workers’ compensation under the LHWCA. When claims are justified for injuries, employers must make periodic, prompt and direct compensation payments to the injured employee or the widow or widower of the deceased.

Rights and Compliance Assistance

As with any injury, there are certain rights of both the employer and employee. An employee who believes an unfair determination has been made can request a formal hearing. The hearing processes can be appealed all the way up to the U.S. Supreme Court. For issues regarding compliance or more information, the Department of Labor can be contacted and conferred with.

Have you or someone you know been injured at work and need to file for a medical compensation claim to cover your medical bills? If so, contact one of our experienced workers compensation attorneys in your area today!

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