Maritime workers are at a heightened risk of injury at work. As they load cargo, repair ships, and maintain port facilities, they’re more likely to suffer from damages in their day-to-day work than the average employee. That’s why the Longshore and Harbor Workers’ Compensation Act (LHWCA) provides additional protection for maritime jobs that are prone to injury. If you work at sea, then understanding this law can help you protect your rights and secure adequate compensation after a workplace injury.
Key Components of the LHWCA
The LHWCA establishes a comprehensive federal workers’ compensation system for maritime employees injured on navigable waters or adjacent areas like docks, terminals, and shipyards. Its purpose is to help injured workers receive appropriate medical care, disability benefits, and rehabilitation services while protecting employers from additional liability through its exclusive remedy provisions. The most common accidents in the maritime industry include falls from heights, crush injuries from cargo, equipment malfunctions, and drowning incidents.
Eligibility Criteria
Workers must meet specific status and situs requirements to qualify for LHWCA benefits. The status requirement focuses on the nature of their work, while the situs requirement focuses on where the injury happened. Injured workers must prove both elements for a valid claim.
Employees can generally meet the status requirement when performing the following duties:
- Loading and unloading vessels
- Repairing or building ships
- Maintaining harbor facilities
- Operating cargo-handling equipment
- Providing support services for maritime operations
They can meet the situs requirement if the injuries happened in:
- Navigable waters
- Piers and wharves
- Dry docks and marine railways
- Loading and unloading terminals
- Ship repair facilities
- Marine construction sites
Types of Benefits
The LHWCA provides many categories of benefits to help injured workers recover and support themselves during disability periods. These benefits help workers maintain financial stability while focusing on their recovery and provide long-term support for those with permanent injuries. These include:
Medical benefits
The LHWCA covers all reasonable and necessary medical treatment related to the work injury, including doctor visits, hospital care, medication, medical supplies, physical therapy, rehabilitation, and travel expenses for medical appointments. Workers have the right to choose their doctors and seek second opinions without employer approval. The coverage continues for life as long as the treatment relates to the work injury, with no deductibles or co-pays required.
Temporary total disability benefits
Workers receive two-thirds of their average weekly wage while completely unable to work during recovery. These benefits continue until the worker reaches maximum medical improvement or returns to work. There is no waiting period before benefits begin, so workers don’t face financial hardship during initial recovery.
Temporary partial disability benefits
Workers who can return to light duty or part-time work receive compensation for their reduced earning capacity. The benefit equals two-thirds of the difference between pre-injury wages and current earning ability. This encourages return to work while protecting workers from income loss due to restrictions.
Permanent total disability benefits
Workers with career-ending injuries receive ongoing compensation based on their pre-injury wages. These benefits continue for life and may increase with cost-of-living adjustments. The act recognizes certain injuries, like loss of both hands or eyes, as automatically qualifying for permanent total disability.
Permanent partial disability benefits
Workers with lasting impairments receive compensation based on specific schedules for different body parts. For example, the loss of an arm might entitle a worker to 312 weeks of compensation, while losing a finger might warrant 28 weeks. Benefits consider both the physical impairment and its impact on earning capacity.
Death benefits
Surviving dependents receive ongoing compensation equal to 50% of the deceased worker’s average weekly wage for widows or widowers, with additional percentages for children. The act also provides up to $3,000 for funeral expenses. Benefits continue for life for surviving spouses unless they remarry and for children until age 18 or completion of education.
Vocational benefits
Workers who cannot return to their previous occupation may receive vocational rehabilitation services. These include job training, education, and placement assistance to help them find new employment within their restrictions.
Cost-of-living adjustments
Workers receiving permanent total disability or death benefits may receive annual cost-of-living adjustments. These increases help maintain the purchasing power of benefits over time, protecting long-term recipients from inflation.
Transportation and travel expenses
The LHWCA covers more than just basic medical travel. Workers can receive reimbursement for all reasonable transportation costs related to their treatment, including parking fees, tolls, and lodging when treatment requires overnight stays. Even costs for family members to accompany severely injured workers may be covered when medically necessary.
Attendant care benefits
Workers who need help with daily activities due to their injuries may receive coverage for home health care or nursing services. This can include both professional care and compensation for family members who must provide care.
Emergency response coverage
Workers injured while attempting to rescue others or prevent accidents can receive additional compensation. The LHWCA recognizes the importance of emergency response and protects workers who risk their lives to help others, even if such actions fall outside their normal job duties.
Education and retraining support
Beyond basic vocational rehabilitation, the LHWCA may cover additional education or certification programs that help injured workers transition to new careers. This can include tuition, books, equipment, and other necessary expenses to help workers regain their earning capacity through alternative employment.
Multiple job protection
If a worker held more than one job at the time of injury, the LHWCA considers earnings from all maritime employment when calculating benefits.
Steps to File a Claim
To file a successful LHWCA claim, you must pay very careful attention to deadlines and required documentation. Acting quickly is important, as doing so immediately after an injury gives you enough time to gather all the required documents. If you’re injured, you should:
- Report the injury to your supervisor immediately with details about the accident.
- Get a medical evaluation as soon as possible. Let the medical professionals know that the injury is work related.
- File Form LS-201 (Notice of Employee’s Injury) within 30 days.
- Submit Form LS-203 (Employee’s Claim for Compensation) within one year.
- Gather all medical records, witness statements, accident reports, and wage information.
- Keep copies of all claim-related paperwork and correspondence.
- Request copies of your employment records, including any safety training documentation and incident reports.
- Contact an experienced maritime injury attorney for help, ideally before providing any formal statements to insurance companies.
Employer Responsibilities
Employers covered by the LHWCA must maintain specific safety standards and follow strict procedures for handling workplace injuries. They must post notices explaining workers’ rights under the LHWCA and provide immediate medical attention for injured employees. Companies that fail to meet these obligations can be fined up to $14,608.
Employers are required to document workplace injuries within 10 days using Form LS-202 (Employer’s First Report of Injury). They must also keep accurate records of all workplace accidents, safety incidents, and employee injuries. Not reporting the injury or accident on time can result in a fine up to $29,221.
Rights of Injured Workers
Maritime workers injured on the job have specific rights under the LHWCA, including the right to choose their doctors for treatment. Workers can select any qualified physician and seek second opinions without employer approval. Employers cannot force workers to use company doctors or restrict their access to medical care.
The LHWCA guarantees workers’ right to fair compensation without fear of retaliation. Employers cannot fire, demote, or discriminate against workers who file claims or report safety violations. Workers who face retaliation can file additional claims for damages and reinstatement to their positions.
Workers also have the right to legal representation throughout the claims process. Attorneys can help them successfully adhere to all filing requirements, gather evidence, and challenge claim denials. The LHWCA states that employers must pay reasonable attorney fees when workers prevail in disputed claims to give employees the right to access legal help regardless of financial status.
Coverage Under the Act
The LHWCA covers maritime workers who perform waterfront operations and meet specific job criteria. Coverage depends on the nature of the work performed and the location of the injury. The LHWCA generally applies to accidents on navigable waters or adjacent areas used for loading, unloading, or repairing vessels. This includes piers, wharves, dry docks, terminals, and shipyards. If the victim has been injured in international waters, different maritime laws may apply, and they should consult with an attorney who specializes in maritime injury compensation law.
Workers must spend a substantial portion of their time performing maritime duties to qualify for coverage. Occasional contact with maritime operations or brief visits to covered areas typically don’t establish eligibility. However, workers who regularly move between covered and non-covered areas may qualify if they spend at least some time performing maritime tasks.
Covered workers include:
- Longshoremen and dock workers
- Harbor construction workers
- Ship repairmen and shipbuilders
- Terminal operations personnel
- Container and cargo handlers
- Marine railway workers
- Port crane operators
- Stevedores and cargo checkers
However, certain workers fall outside the LHWCA’s protection even if they work in maritime settings. Key exclusions include:
- Vessel crew members and captains
- Government employees
- Office clerical workers
- Data processors
- Marina workers servicing recreational boats
- Small vessel repair workers
- Security guards
- Retail workers at harbor facilities
Types of Disability Benefits
The LHWCA specifies different levels of disability compensation based on the severity and duration of a worker’s injury. Understanding these categories can help you receive appropriate benefits during recovery if you were injured while performing eligible work. The amount and length of payments depend on medical evidence and your ability to return to maritime employment in the future.
Permanent vs. Temporary Disability
Temporary disability benefits support workers during their recovery period when doctors expect improvement in their condition. These benefits continue until workers reach maximum medical improvement (MMI) or return to work. During this time, workers receive regular payments to replace lost wages while focusing on their recovery.
Permanent disability benefits apply when doctors determine a worker’s condition will not improve further with additional treatment. These benefits may continue for life, depending on the severity of the disability. The amount depends on factors like the worker’s pre-injury wages, the extent of the impairment, and their ability to earn wages in other occupations after the injury.
Total vs. Partial Disability
Total disability prevents workers from performing any job duties, either temporarily or permanently. Workers with total disability receive two-thirds of their average weekly wage. These benefits help replace lost income when injuries completely prevent work, helping workers maintain financial stability during recovery or after career-ending injuries.
Partial disability, on the other hand, allows workers to perform some work duties, though often with restrictions or reduced hours. The LHWCA pays partial disability benefits based on the difference between pre-injury wages and current earning capacity. This helps compensate workers who must accept lower-paying positions or reduced hours due to their injuries while encouraging return to work when possible.
Importance of Legal Assistance in Navigating Through the LHWCA
Maritime work-related injury cases have to follow lengthy federal regulations and adhere to strict filing deadlines. Insurance companies usually dispute claims or offer inadequate settlements, knowing workers don’t fully understand their rights. Accepting a low settlement offer ahead of time can keep you from recovering the full amount you’re entitled to and prevent you from pursuing additional compensation in the future.
Hiring an experienced maritime injury lawyer can help protect your rights and maximize your total compensation amount. They can calculate the true value of your claim, including future medical expenses and lost earning capacity. They understand how different types of disability benefits work together and can fight attempts to prematurely terminate your benefits. If disputes arise, your lawyer can represent you in court and seek the full compensation amount.
Don’t risk losing valuable benefits by handling your LHWCA claim alone. Contact Morris & Dewett today for a free consultation on your maritime injury case. Our experienced attorneys have decades of experience fighting for the rights of maritime injury victims and have secured the largest personal injury lawsuit verdict in Louisiana history.
