The Longshore and Harbor Workers’ Compensation Act (LHWCA) is federal law which provides a federal workers’ compensation remedy for longshore workers, shipyard workers and other covered workers in any state, even outside the country.
Coverage Under the Act is No-Fault
That means you don’t have to sue your employer, or show that the employer did anything wrong. It doesn’t matter whether an accident or illness was your fault, the employers fault or nobody’s fault. If you were injured on the job or became ill because of your job you are entitled to compensation.
Who is Covered?
In addition to longshore and shipyard workers, the act covers many other workers in maritime trades. And through extensions, such as the Defense Base Act and the Non-Appropriated Funds Instrumentalities Act, the LHWCA covers many non-maritime workers as well.
For example, the following workers are covered:
• clerical workers
• marine clerks
• heavy equipment operators
• crane operators
Harbors and ports are busy places with the potential for chaos everywhere. Container terminals sprawl for hundreds of acres and heavy equipment congestion prevails. Longshoremen suffer many injuries including but not limited to:
• traumatic brain injury
• hearing loss
• repetitive trauma
• broken bones
• back and neck injuries
Filing a Longshore Act Claim or Lawsuit
The Longshore Act allows injured longshore workers, shipyard workers and other port workers to sue negligent ship owners, Marine Terminal operators and outside truckers.
For longshore workers, if a ship owner negligently fails to turn over its ship in a condition that is reasonably safe for the longshoremen to work, the ship owner can be sued under the Longshore Act.
Marine Terminal owners and operators can be held liable to longshore workers truck driver and other port workers for injuries caused by dangerous conditions such as overcrowding, trip and fall hazards, pot holes and defective or poorly maintained vehicles or other equipment.
Outside trucking companies can be held responsible for the negligent operation of their trucks and tractors and can be sued when their drivers injure longshoremen or others.
Contact a Los Angeles Longshore & Harbor Workers’ Compensation Act Attorney
We provide free initial consultations to fully understand the circumstances of your accident and how best to approach the case. To arrange a consultation, please call us today toll-free at 1-888-440-5829. You can also complete our free and confidential case review form located on this page and we will follow up with you directly.