The Longshore and Harbor Workers’ Compensation Act

The Longshore and Harbor Workers’ Compensation Act (LHWCA) was passed by Congress in 1927 to provide medical coverage for longshoremen employed on navigable waters in the United States. The LHWCA was specifically designed to meet the needs of longshoremen working in states where workers compensation was not applicable or available to longshoremen. Amended in 1984 by Congress, the LWCHA now applies to maritime workers other than longshoremen who work in and around navigable waters and piers in jobs related to maritime activity. Unlike the Jones Act, the LWCHA does not apply to seamen and is meant to provide coverage where workers’ compensation programs do not.

Who is Covered under the LHWCA

When Congress amended the LHWCA in 1984, workers traditionally excluded from its coverage were now included according to the kind of job performed and its locale in proximity to a pier or navigable waterway. Whereas in the past a mechanic or crane operator injured in a terminal warehouse away from the water’s edge would have been denied coverage, the amended LHWCA now provided coverage for them as well as the following kinds of workers:

• Dock construction workers
• Employees loading and unloading cargo
• Oil production fixed platform workers
• Those repairing ships
• Workers Disassembling ships
• Checkers
• Gearlockers
• Mechanics

Injuries and the Longshore Act

Coverage under the LHWCA include medical and disability benefits. Not only are injuries covered but illnesses that are caused by certain jobs themselves are also covered. As a result, maritime workers and longshoremen exposed to toxic chemicals in the course of their job can claim benefits for chronic conditions caused by illnesses linked to toxic exposure.

Claims under the LHWCA

Under the LHWCA, injured workers can recover medical costs, lost wages, and other compensation for costs associated with on the job injuries. Eligible maritime workers injured on the job must notify their employer within 30 days of their injury in order to claim benefits under the Longshore and Harbor Workers’ Compensation Act. Since the LHWCA is a federal program, injured workers are also required to file a claim for benefits within one year of their injury with the Department of Labor.

Third Party Liability and the Longshore Act

Additionally, under the terms of the Longshore and Harbor Workers’ Compensation Act, injured workers can pursue damages against negligent third parties (persons or parties other than their employer or a co-worker) who are responsible for causing their injuries.

Employer Disputed LHWCA Claims

While it is not necessary to establish fault or negligence on the part of an employer in order to receive benefits under the LHWCA, an employer can dispute a claim. Should an employer reject an employee’s claim, mediation is required. If the parties cannot agree on a settlement, a Department of Labor administrative law judge will hold a hearing and determine a binding decision.

Hiring an Attorney

The terms and application of the Longshore and Harbor Workers’ Compensation Act can be complicated. Understanding how to protect your rights and avoid being mislead or intimidated by an employer is crucial. Before accepting what your employer tells you in regard to whether you have a claim under the LHWCA, it is important to consult an experienced attorney who can advise you of your rights and options under the law.