Longshore & Harbor Workers' Compensation Act

The Longshore and Harbor Workers’ Compensation Act, commonly referred to as the “Longshore Act” or “LHWCA,” is a workers’ compensation scheme that covers most dock workers and maritime workers who are not covered by the Jones Act.

Who is Covered?

The Longshore Act covers maritime workers (including longshoremen, harbor workers, ship-repairmen, ship-builders, and ship-breakers) who are disabled or killed in an injury that occurs on the navigable waters of the United States or adjoining areas.

Benefits Available

Medical Care. If you are injured while working on the job as a maritime worker or longshoreman, benefits include all medical, surgical, and hospital treatment and services required to treat your employment related injury. You are also entitled to compensation for the cost of travel to and from the treatment.

Disability Compensation. Injured longshoremen are entitled to compensation for their inability to work. If you are permanently disabled, you will continue to earn the same rate of pay that you did at the time of your injury.

If you are only partially disabled as a result of the injury, you will be compensated at a lower rate than if you were totally disabled.

Death Benefits. In the event of a death, the Longshore & Harbor Workers’ Compensation Act provides that death benefits be paid to the widow(er) or other eligible survivors. The widow(er) will continue to receive 50% of the employee’s average weekly wage for the rest of his or her life or until remarriage. Additional compensation is available if the couple had children.

The Act also provides for funeral expenses, up to a maximum of $3,000.

What to Do if You Are Injured on the Job

The very first thing that you should do is inform your employer about your injury. You should also obtain medical treatment as soon as possible.

After you have accounted for your own safety and medical well-being, give us a call at our toll free number to discuss your case. The Longshore Act can be an incredibly complicated piece of legislation that contains many procedural pitfalls which can only be successfully navigated by experienced lawyers like the ones at Markhoff & Mittman.