The Longshore and Harbor Workers’ Compensation Act (LHWCA) provides benefits to maritime employees injured on ships or vessels who are not covered under the Jones Act. It fills the gap between maritime and state workers' compensation laws. The LHWCA is administered by the Department of Labor and provides temporary and permanent disability benefits, payment of medical expenses, and compensation for lost wages to eligible injured workers. It also allows workers to file third party negligence claims against vessels or owners if they are at fault for the worker's injuries. To receive benefits, an injured worker must report the injury to their employer within 30 days, file a formal claim within 1 year, and meet requirements that the injury occurred during maritime work on or near navig
The Longshore and Harbor Workers’ Compensation Act: The Basics
1. The Longshore and Harbor Workers’
Compensation Act: The Basics
If you’ve been injured on a ship, barge, or other vessel, you may be eligible for benefits
under the Longshore and Harbor Workers’ Compensation Act (LHWCA). The LHWCA is part
of the law that fills the gap between maritime acts and state Workers’ Compensation laws.
These types of maritime acts help provide benefits to maritime employees who are not
considered seamen under the Jones Act.
After reporting your injury to your employer, you’ll want to seek the guidance of LHWCA
Law Firm Ft Lauderdale FL. Lawyer info can be plentiful, but also confusing and misleading,
so it’s important to take care when selecting a law firm to represent you.
If you are a seaman who has been injured in the line of duty, and if your employer was
negligent in providing you with a safe work site, then you may be eligible for benefits under
the Longshore and Harbor Workers' Compensation Act (LHWCA). You can collect
compensation for medical expenses and damages incurred due to disability. This can include
past and future needs, as well as rehabilitation benefits. Contact a LHWCA Law Firm Ft
Lauderdale FL for filing your claims.
The Longshore and Harbor Workers’ Compensation Act also allows an injured worker to sue
persons or entities other than his or her employer if he or she believes they are at fault for
their injuries. When a worker is injured on a vessel, there may be a claim of negligence
against the vessel and its owner, resulting in a Third Party Longshore case.
The LHWCA is administered by the Department of Labor's Office of Workers' Compensation
Programs. A worker covered by the LHWCA is entitled to temporary compensation benefits
of two-thirds of his average weekly wage while undergoing medical treatment, and then
either to a scheduled award for injury to body parts enumerated in 33 U.S.C. § 908 (c) or
two-thirds of the workers' loss of wages, or wage earning capacity.
In the event of a longshoreman or harbor worker injury, there are several steps to take
before claiming benefits under the Long-shore and Harbor Workers’ Compensation Act.
First, you have only 30 days to give your employer notice of your injury. This can be done by
letter or phone call (it is recommended that you do not delay reporting an injury).
2. A formal LHWCA claim for benefits must be filed with LHWCA Law Firm Ft Lauderdale FL
within one year from the date of injury. If you fail to file within that time frame, you will lose
your right to claim benefits. An employer can dispute the claim or begin voluntary payment
within 14 days of the accident. If it does so, then it must continue paying until all disputes
have been resolved.
The LHWCA applies only if:
the injury occurred while working on or near navigable waters;
the injury occurred while performing duties connected with maritime commerce; and
the injury arose out of and in the course of employment by an employer who is subject to
this Act by reason of such employment by him in maritime commerce.
