The Longshore and Longshore Workers’ Compensation Act (LHWCA) is a federal law that requires maritime employers to provide workers’ compensation insurance that covers on-the-job injuries and occupational diseases of their employees. that occur in the navigable waters of the United States, or contiguous areas. The Longshore and Harbor Workers’ Compensation Act provides compensation for workers who are injured while working in maritime industries that require the use of United States waters.
The US Department of Labor estimates that about 500,000 workers are protected by this program and about 400 insurance companies provide compensation through the program. For a work injury to qualify for coverage under the LHWCA, the injury must have occurred in covered employment, must be a covered employee, and the employer must be the type of maritime employer covered by the Act.
In addition to Longshore benefits, you may be entitled to compensation from a third party for your injuries. Only an experienced Longshore lawyer will know who to sue and what you can recover. You should certainly speak to an attorney before accepting any form of settlement from your maritime employer or any other source.
What jobs are covered by the Longshore and Harbor Workers’ Compensation Law? A job on the navigable waters of the United States and/or a wharf, wharf, dry dock, sea rail, or other contiguous area that is generally used for working on or building vessels.
What port employees are covered by the LHWCA? A covered employee generally works building or repairing ships, transporting goods and cargo, or constructing docks or structures used in, near, or on water. Typically, the Act would also cover stevedores, stevedores, warehouse workers, forklift operators, dock and harbor workers, warehousemen, and any worker who builds facilities for maritime commerce.
How do I know if my maritime employer is covered by the LHWCA? The Act broadly defines this as any employer whose employees are employed in maritime employment.
Is anyone excluded from coverage? Yes. The Act excludes certain foreign and local government employees and those whose own illegal actions contribute to your injuries. Other workers, such as crew members on a ship, are covered by different laws, such as the Jones Act and general maritime law. Although the technical requirements of the law clearly identify some of the workers who are covered, other workers whose job functions require some of the aforementioned tasks may be able to seek compensation under the law.
A longshoreman attorney can be of great help in cases that do not seem to fit into the LHWCA structure. Also, if you believe you have been awarded too little in damages and insurance, you may want to seek the help of a lawyer to find out how you can appeal the decision. An experienced longshoreman attorney will help you bring your claim under the provisions of the Act and help you show why you deserve to be compensated under the law. If you or someone you know has been injured on the job in the shipping industry, you should contact experienced port injury attorneys for more information.
