If you have been injured while working at a dock, shipyard, or harbor, you may be entitled to benefits under the Longshore and Harbor Workers' Compensation Act (LHWCA). Filing a claim might seem straightforward at first, but the reality is that insurance companies frequently push back on these cases. They may dispute your eligibility, argue your injury is pre-existing, or offer far less than you deserve. Understanding when and why you need a lawyer can be the difference between a denied claim and receiving full compensation for your injuries, lost wages, and medical care.
What Is the LHWCA?
The Longshore and Harbor Workers' Compensation Act (LHWCA) is a federal law enacted in 1927 that provides wage replacement, medical benefits, and vocational rehabilitation to maritime workers injured on or near navigable waters of the United States. Unlike state workers' compensation programs, the LHWCA is administered by the U.S. Department of Labor's Office of Workers' Compensation Programs (OWCP).
The LHWCA also serves as the foundation for related laws, including the Defense Base Act (DBA), which extends similar protections to civilian contractors working on overseas military bases. If you work in a maritime role and are not a crew member of a vessel, the LHWCA is likely the law that governs your injury claim.
Who Qualifies for LHWCA Benefits?
Not every maritime worker automatically qualifies. To be eligible, you must satisfy two tests established by federal law:
The Status Test
The status test examines the nature of your job duties. At least part of your work must involve maritime activities such as loading, unloading, repairing, or building vessels. Covered employees include longshoremen, ship repairers, shipbuilders, shipbreakers, and harbor construction workers.
The Situs Test
The situs test looks at where the injury occurred. Your workplace must be on navigable waters or in an adjoining area customarily used for maritime purposes, such as piers, wharves, dry docks, terminals, or shipyards.
Both tests must be met for a valid claim. An experienced longshore and harbor workers' compensation attorney can help you determine whether your specific situation qualifies.
Benefits Available Under the LHWCA
The LHWCA provides several categories of benefits to injured maritime workers. These benefits are generally considered more generous than many state workers' compensation programs.
| Benefit Type | Description | Duration |
|---|---|---|
| Medical Benefits | All reasonable and necessary medical treatment, prescriptions, diagnostic tests, physical therapy, and travel costs | As long as treatment is needed |
| Temporary Total Disability | Two-thirds of average weekly wage when unable to work at all | Until return to work or maximum medical improvement |
| Temporary Partial Disability | Two-thirds of the difference between pre- and post-injury earnings | Up to 5 years |
| Permanent Total Disability | Two-thirds of average weekly wage for workers permanently unable to work | Lifetime |
| Permanent Partial Disability | Compensation based on scheduled body part or wage-loss differential | Varies by injury type |
| Death Benefits | Two-thirds of average weekly wage to surviving spouse and dependents, plus funeral expenses | Varies |
| Vocational Rehabilitation | Services to help injured workers return to suitable employment | As determined necessary |
Under the LHWCA, you also have the right to choose your own physician, which is a significant advantage over many state programs that restrict provider choices.
Why You Need a Lawyer for Your Longshore Claim
While you are not legally required to hire an attorney, having one significantly improves your chances of receiving full benefits. Here is why legal representation matters:
Insurance Companies Fight Back
Employers' insurance carriers routinely dispute longshore claims. They may fight jurisdiction, argue the injury is not work-related, or claim it is a pre-existing condition. There are even entire law firms dedicated to defeating LHWCA claims on behalf of insurers.
Complex Federal Procedures
The LHWCA claims process involves specific federal forms (LS-201, LS-203, LS-18), strict deadlines, informal conferences, and potentially formal hearings before an Administrative Law Judge. A single missed deadline or paperwork error can jeopardize your claim.
Attorney Fees May Be Paid by the Employer
A key advantage of the LHWCA is that if an employer denies benefits and you later obtain those benefits with the help of an attorney, the employer may be required to pay your attorney fees. The Department of Labor must authorize all attorney costs, and in many cases you are not responsible for out-of-pocket legal expenses.
At Benner Law Firm, attorney Craig Benner has years of experience handling Longshore and Harbor Workers' claims and understands the nuances that can make or break a case.
The LHWCA Claims Process and Key Deadlines
Acting quickly is essential. The LHWCA imposes strict timelines that you must follow to preserve your right to benefits:
- 30-day notice: Report your injury to your employer within 30 days using Form LS-201.
- 1-year filing deadline: File a formal claim with the OWCP within one year of the injury or the last compensation payment using Form LS-203.
- Employer reporting: Your employer must report the injury to the OWCP within 10 days.
If your claim is denied, the employer files a Notice of Controversion (Form LS-207). You can then request an informal conference with the OWCP claims examiner or, if needed, a formal hearing before an Administrative Law Judge by filing Form LS-18. If you disagree with the judge's decision, you can appeal to the Benefits Review Board.
Navigating these steps alone is risky. A qualified attorney experienced in federal workers' compensation can protect your rights at every stage.
LHWCA vs. State Workers' Compensation
Many injured maritime workers wonder whether their claim falls under state or federal law. The distinction matters because benefits differ significantly.
| Feature | LHWCA (Federal) | State Workers' Compensation |
|---|---|---|
| Coverage Area | Navigable waters and adjoining maritime areas | Land-based employment within the state |
| Benefit Duration | Can continue for life in some categories | Typically limited (often 5-10 years) |
| Physician Choice | Employee chooses their own doctor | Often restricted to approved providers |
| Fault Requirement | No-fault system | No-fault system |
| Administering Body | U.S. Department of Labor (OWCP) | State workers' compensation board |
LHWCA benefits are generally more advantageous to the injured worker than state disability benefits. However, you cannot collect benefits under both systems for the same injury. A knowledgeable attorney can ensure you pursue the correct path.
Key Takeaways
- The LHWCA is a federal workers' compensation law covering maritime workers injured on or near navigable waters.
- You must pass both the status test and situs test to qualify for benefits.
- Benefits include medical care, disability payments, vocational rehabilitation, and death benefits for survivors.
- Insurance companies frequently deny or minimize longshore claims, making legal representation critical.
- You must report your injury within 30 days and file a formal claim within one year.
- If you win benefits with a lawyer after a denial, the employer may be required to pay your attorney fees.
- LHWCA benefits are generally more generous than state workers' compensation, including lifetime benefits in certain categories.
Frequently Asked Questions
What is the Longshore and Harbor Workers' Compensation Act?
The LHWCA is a federal law passed in 1927 that provides compensation and medical benefits to maritime workers who are injured during employment on navigable waters or adjoining areas. It covers workers not protected by the Jones Act or state workers' compensation programs.
Do I have to hire a lawyer to file an LHWCA claim?
No, you are not legally required to hire a lawyer. However, the claims process involves complex federal procedures, strict deadlines, and aggressive insurance defense tactics. An experienced attorney can help you maximize your benefits and avoid costly mistakes.
How much does a longshore workers' compensation lawyer cost?
Under the LHWCA, attorney fees must be approved by the Department of Labor. If an employer denies benefits and you later win with a lawyer's help, the employer is typically responsible for paying attorney fees. Many longshore attorneys work on a contingency basis with no upfront cost.
What is the deadline for filing an LHWCA claim?
You must notify your employer within 30 days of the injury and file a formal claim with the OWCP within one year. For occupational diseases, the deadline is two years after you become aware of the connection between your illness and your employment.
Can my employer fire me for filing a longshore claim?
No. Under Section 49 of the LHWCA, it is unlawful to discriminate against or terminate an employee for filing a compensation claim or testifying in an LHWCA hearing.
What happens if my LHWCA claim is denied?
If denied, you will receive a Notice of Controversion explaining the reasons. You can request an informal conference with the OWCP claims examiner, file a formal claim for hearing before an Administrative Law Judge, or appeal to the Benefits Review Board if needed.
Does the LHWCA cover injuries caused by my own mistake?
Yes. The LHWCA is a no-fault system. Even if you made an error or did not follow proper procedures, you may still receive compensation for your work-related injuries.
How is the LHWCA different from the Jones Act?
The Jones Act covers seamen and crew members of vessels, while the LHWCA covers land-based maritime workers such as longshoremen, ship repairers, and harbor construction workers. Jones Act claims require proving employer negligence, whereas LHWCA benefits are no-fault.
Get Help With Your Longshore Claim Today
If you have been injured while working as a longshoreman, harbor worker, or in any maritime capacity, do not face the insurance company alone. The experienced attorneys at Benner Law Firm understand the LHWCA inside and out and have a proven track record of helping injured workers collect the compensation they deserve. We assist clients across the United States from our San Diego office.
Call 619-941-0456 today to schedule a free consultation with a longshore workers' compensation attorney who will fight for your rights.