Longshoreman Harbor Workers Compensation Act – LHWCA

LHWCA Overview

The Longshoreman and Harbor Workers Compensation Act (LHWCA) covers injuries suffered by land-based maritime workers. It provides medical care, wage compensation, and rehabilitation to injured workers, and it also takes into account diseases inflicted or worsened over the course of employment. The act servers as way for injured workers to press for compensation from those responsible for their conditions.

Longshoreman and dock workers usually do not qualify as seamen and therefore cannot receive benefits of the Jones or Death on the High Seas Act. These workers often suffer the same type of injuries as sailors, but because they are not maritime workers they had no way to collect damages for their injuries. Typically an injured longshoreman can collect two thirds of their standard salary while recovering from their injuries.

If you are a longshoreman or dock worker injured while performing your job, you may qualify for Longshoreman and Harbor Workers Compensation Act relief. Let an experienced and aggressive maritime lawyer represent you and fight what you deserve today.

Definitions

In order to qualify for protections under the Longshoreman and Harbor Workers Compensation Act, you must be a:

  • Longshoreman, or person engaged in longshoring activities
  • Harbor-worker
  • Ship repairmen
  • Shipbuilder
  • Ship-breaker

People acting in these capacities are entitled to compensation for their medical expenses, rehabilitation, and lost wages.

Under the specifics of the act, those not covered by these protections include:

  • People who exclusively perform clerical, secretarial, security, or data processing work
  • People employed by a club, camp, recreational operation, restaurant, museum, or retail outlet that shares a dock area
  • Employees of a marina not engaged in construction, replacement, or expansion of such marina, unless it is routine maintenance of the facilities
  • People who:
    1. are employed by suppliers, transporters, or vendors
    2. are temporarily doing business on the premises of an employer but not employed there
    3. are not engaged in work normally performed by employees of that employer under the LHWCA
  • Aquaculture workers
  • Workers charged to build, repair, or dismantle a maritime vessel under sixty-five feet
  • A master or member of a crew of any vessel
  • Any person engaged by a master to load or unload or repair any small vessel that is under eighteen tons

You need to contact an experienced admiralty lawyer immediately if you are injured at your maritime occupation. The laws governing your situation are extremely complicated and often require dedicated legal counsel in order to fully understand. Call now and make sure that you get the justice you deserve.Statute of Limitations

Statutes of limitations restrict the amount of time that can pass before a person takes legal action against those who cause them injury. In most states these laws usually extend between 1-3 years after the incident, after which people can no longer press a lawsuit.

However, because of the limiting particulars of the laws that govern their occupations, longshoremen and harbor workers must file a claim within one year of their injury if they wish to recover their damages. Furthermore, longshoreman and harbor workers may also be entitled to a third party lawsuit due to negligence against entities other than their employers.

It is important to act quickly, for otherwise you may lose your chance to get the compensation you deserve. Contact a qualified, experienced, and knowledgeable maritime attorney today.