Do I Need a Lawyer for a Longshore or Harbor Workers Compensation Claim?
If you have been injured while working on a dock, pier, shipyard, or other maritime facility, you may be entitled to benefits under the Longshore and Harbor Workers' Compensation Act (LHWCA). While the law is designed to protect you, the claims process is far from simple. Insurance companies routinely contest liability, delay payments, and offer lowball settlements to minimize their costs. An experienced LHWCA attorney can level the playing field, protect your rights, and help you secure the full benefits you deserve. Here is what every injured maritime worker should know.
What Is the LHWCA?
The Longshore and Harbor Workers' Compensation Act (LHWCA) is a federal law enacted in 1927 that provides compensation to employees injured on navigable waters or adjoining areas such as docks, piers, terminals, and shipyards. It was created because state workers' compensation programs do not cover injuries that occur on navigable waters, and the Jones Act only covers seamen who work at sea.
The LHWCA bridges the gap for maritime workers who are not classified as seamen but still face serious occupational risks every day. The U.S. Department of Labor's Office of Workers' Compensation Programs (OWCP) administers the program through its Division of Longshore and Harbor Workers' Compensation. Approximately 500,000 maritime workers across the United States are currently covered by the LHWCA and its extensions.
Who Qualifies for LHWCA Benefits?
Not every maritime worker qualifies. To be eligible, you must pass two legal tests: the status test and the situs test. Understanding these requirements is one of the main reasons injured workers benefit from hiring an experienced longshore attorney.
The Status Test
The status test is a legal requirement that examines the nature of your work duties. At least part of your job must involve maritime activities such as loading, unloading, building, or repairing vessels. Covered workers typically include longshoremen, ship repairers, shipbuilders, shipbreakers, and harbor construction workers.
The Situs Test
The situs test is a location-based requirement that asks where your injury occurred. You must have been working on or near navigable waters of the United States, including adjoining piers, docks, dry docks, wharves, and terminals customarily used for maritime operations.
Benefits Available Under the LHWCA
The LHWCA provides several categories of benefits to injured maritime workers. According to OWCP data, the program provides over $900 million in benefits annually to injured workers and their families.
| Benefit Type | What It Covers | Key Details |
|---|---|---|
| Medical Benefits | All reasonable medical, surgical, and hospital treatment | Includes travel costs; worker chooses their own physician |
| Temporary Total Disability | Lost wages during recovery | Two-thirds of average weekly wage (AWW) |
| Permanent Total Disability | Ongoing wage replacement | Two-thirds of AWW; adjusted annually per Section 10(f) |
| Permanent Partial Disability | Loss of body function or scheduled member | Calculated based on specific impairment schedules |
| Vocational Rehabilitation | Job retraining and placement services | Available when worker cannot return to prior role |
| Death Benefits | Compensation to surviving dependents | Up to two-thirds of AWW for spouse and children |
For the period October 2025 through September 2026, the maximum weekly compensation rate is $2,082.70, based on a national average weekly wage of $1,041.35.
Why You Need a Lawyer for Your Longshore Claim
While it is technically possible to file an LHWCA claim on your own, doing so puts you at a significant disadvantage. Insurance companies employ entire legal teams dedicated to defeating or minimizing longshore claims. Here is why legal representation matters:
Insurance Companies Fight Hard
Employers and their insurers frequently contest jurisdiction, argue that injuries are pre-existing conditions, or attempt to terminate benefits prematurely. An attorney familiar with the Defense Base Act and LHWCA knows how to counter these tactics effectively.
Complex Eligibility Requirements
Proving you meet both the status and situs tests requires detailed knowledge of maritime law. A single misstep in your paperwork or missed deadline can jeopardize your entire claim. You must notify your employer within 30 days of any injury, and you generally have one year to file a formal claim for benefits.
Attorney Fees May Be Paid by Your Employer
Under the LHWCA, if your employer or insurer wrongfully denies benefits and you win your case, the employer is required to pay your attorney fees. The Department of Labor must authorize all attorney costs, and you are typically not responsible for out-of-pocket legal fees.
The LHWCA Claims Process Explained
Filing a longshore claim involves several critical steps. Missing any of them can result in delayed or denied benefits.
- Report your injury to your employer within 30 days.
- Seek medical treatment immediately. You have the right to choose your own doctor.
- File a claim with the OWCP by submitting the required forms to the U.S. Department of Labor.
- Document everything, including medical records, witness statements, and photographs.
- Participate in informal conferences facilitated by a District Director if there is a dispute.
- Request a formal hearing before an administrative law judge if necessary.
- Appeal to the Benefits Review Board if you disagree with the ruling.
An experienced longshore injury attorney like Craig Benner can guide you through each of these steps and ensure no deadlines are missed.
LHWCA vs. State Workers Compensation
Many injured maritime workers mistakenly file under state workers' compensation programs. The differences between the two systems are significant and often favor the federal program.
| Feature | LHWCA (Federal) | State Workers' Comp |
|---|---|---|
| Duration of Benefits | Can last for life | Often limited to 7-10 years |
| Choice of Physician | Worker selects their own doctor | Employer often controls choice |
| Coverage Scope | Navigable waters and adjoining areas | Land-based injuries within state borders |
| Attorney Fees | Employer may be required to pay | Typically deducted from benefits |
| No-Fault System | Yes, even worker error may be covered | Generally no-fault but more exclusions |
LHWCA benefits are generally more advantageous to the injured worker than the disability benefits provided by many state programs. Filing under the wrong program can cost you significant compensation.
Key Takeaways
- The LHWCA is a federal workers' compensation law covering approximately 500,000 maritime workers in the United States.
- You must pass both the status test and the situs test to qualify for benefits.
- LHWCA benefits can include medical care, wage replacement, vocational rehabilitation, and death benefits for survivors.
- Insurance companies aggressively contest longshore claims, making legal representation essential.
- You must report your injury within 30 days and file your claim within one year.
- Your employer may be required to pay your attorney fees if benefits were wrongfully denied.
- LHWCA benefits are often more generous than state workers' compensation, including lifetime benefit eligibility.
Frequently Asked Questions
What is the Longshore and Harbor Workers' Compensation Act?
The Longshore and Harbor Workers' Compensation Act (LHWCA) is a federal law that provides wage replacement, medical benefits, and vocational rehabilitation to qualifying maritime workers injured on or near navigable waters of the United States. It was enacted in 1927 and is administered by the U.S. Department of Labor.
Do I qualify for LHWCA benefits?
You may qualify if you meet the status test (your work involves maritime duties) and the situs test (your injury occurred on navigable waters or an adjoining area like a dock, pier, or shipyard). An attorney can evaluate your specific circumstances.
How long do I have to file a longshore claim?
You must notify your employer of the injury within 30 days. You generally have one year from the date of injury to file a formal claim for benefits with the OWCP.
How much does an LHWCA lawyer cost?
Most LHWCA attorneys work on a contingency basis, meaning you pay nothing upfront. If you win benefits that were previously denied, the employer may be required to pay your attorney fees. All fees must be approved by the Department of Labor.
What benefits can I receive under the LHWCA?
Benefits include full medical treatment, temporary or permanent disability payments (calculated at two-thirds of your average weekly wage), vocational rehabilitation, and death benefits for surviving dependents.
Can I choose my own doctor under the LHWCA?
Yes. Under the LHWCA, injured workers have the right to select their own physician. You are not required to see a doctor chosen by your employer or their insurance company.
What is the difference between the LHWCA and the Defense Base Act?
The Defense Base Act (DBA) is an extension of the LHWCA that covers civilian employees working on U.S. military bases overseas. Both laws provide similar benefits, but the DBA applies specifically to government contractors working abroad. Learn more about Defense Base Act benefits.
What happens if my longshore claim is denied?
If your claim is denied, you can request an informal conference with a District Director, a formal hearing before an administrative law judge, or appeal to the Benefits Review Board. In some cases, further appeal to a U.S. Circuit Court is possible.
Get Help With Your Longshore Claim Today
If you have been injured as a longshore or harbor worker, do not try to navigate the complex federal claims process alone. The experienced maritime injury attorneys at Benner Law Firm understand the LHWCA inside and out and have a proven track record of helping injured workers secure the benefits they deserve. Contact Benner Law Firm today to schedule your free legal strategy session by calling 619-941-0456.