The Longshore and Harbor Workers’ Compensation Act (LHWCA) offers essential protections for maritime workers and others who suffer injuries on the job. However, the complexities of maritime law can make navigating claims challenging when facing injuries or illnesses from naval work.
This guide explores the LHWCA, eligibility criteria, the claims process, and the unique advantages of working with an experienced LHWCA lawyer.
At the Law Offices of Charles D. Naylor, we specialize in helping maritime workers recover the compensation they deserve under the LHWCA. We bring extensive experience and dedication to each case.
What is the Longshore and Harbor Workers’ Compensation Act?
The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal law that provides a federal workers’ compensation remedy for longshore workers, shipyard workers, and other covered workers in any state, even outside the country.
The LHWCA includes specific extensions that protect various maritime-related and non-maritime workers in addition to longshore and harbor workers. Contact an experienced LHWCA attorney to understand the eligibility and benefits under this law fully.
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 employer’s 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 Under The LHWCA?
The LHWCA primarily covers workers in specific maritime industries, but it also extends protection to other related fields through specific provisions. Below is an overview of the types of workers protected.
Primary Workers Covered
Longshoremen and Harbor Workers:
Individuals engaged in loading, unloading, repairing, or building vessels.
Shipyard Workers:
Those working in ship construction, repair, or dismantling.
Port Workers:
Workers involved in terminal operations, cargo handling, and vessel support services.
Extended Coverage
Certain groups outside traditional maritime work are also protected under specific extensions of the LHWCA:
Defense Base Act (DBA):
Provides benefits for civilian employees on U.S. military bases and foreign lands.
Non-Appropriated Funds Instrumentalities Act (NAFI):
Covers employees of non-appropriated fund operations, such as military exchange stores.
Examples of Covered Positions:
- Marine clerks
- Foremen and supervisors
- Heavy equipment operators
- Crane operators
- Clerical and administrative workers involved in maritime-related activities
These positions highlight the breadth of coverage under the LHWCA. For further clarity on eligibility, consult a qualified longshore and harbor workers’ compensation act attorney.
What are the Longshore Act Extensions?
The LHWCA includes specific extensions, each offering unique protections:
Defense Base Act (DBA):
Covers civilian employees on U.S. military installations overseas, such as construction and maintenance personnel.
Non-Appropriated Funds Instrumentalities Act (NAFI):
Protects workers employed by military exchange services and similar organizations.
Outer Continental Shelf Lands Act (OCSLA):
Extends benefits to employees working on offshore platforms on the outer continental shelf.
Each extension addresses the unique risks faced by these workers. Consulting with a longshore and harbor workers’ compensation act lawyer ensures clarity and understanding of how these extensions apply.
What Are Some Common Dangerous Conditions When Out At Sea?
Harbors and ports are active environments with complex logistical demands and equipment. Maritime workers often face dangerous conditions, such as:
Heavy Equipment Hazards
Ports and docks contain cranes, forklifts, and other machinery that can pose serious injury risks. Heavy machinery incidents often lead to traumatic injuries or even fatalities.
Asphyxiation and Toxic Exposure
Many harbor tasks involve exposure to hazardous substances or environments. Workers exposed to fumes from cargo or engine rooms may suffer from asphyxiation, respiratory issues, or toxic poisoning.
Traumatic Brain Injuries (TBIs)
Falling equipment or accidents involving machinery can result in severe TBIs, affecting a worker’s cognitive function and quality of life.
Repetitive Strain Injuries
The physical demands of handling cargo or operating heavy equipment can lead to musculoskeletal injuries from repetitive movements, resulting in chronic pain and mobility issues.
Fall Hazards
Slippery surfaces and high areas create serious fall risks. Falls from cranes or elevated decks are a common source of broken bones, paralysis, and head injuries.
These conditions highlight the importance of robust legal protections and knowledgeable representation by an experienced lhwca lawyer to pursue adequate compensation.
Filing a Longshore Act Claim or Lawsuit
If you’re injured on the job as a longshore or harbor worker, understanding the steps involved in filing a claim is crucial for a successful outcome.
1. Reporting Your Injuries to Your Employer
Injured workers must report their injury to their employer as soon as possible. Proper documentation will establish the foundation for a valid LHWCA claim.
2. Requesting Compensation Benefits
Upon receiving the injury report, employers are expected to file a claim on behalf of the worker to initiate compensation benefits. Workers may seek medical treatment, wage loss, and vocational rehabilitation benefits.
3. Contesting Benefit Denials
If an employer or insurer denies benefits, workers can contest the denial by appealing to the Department of Labor. Legal assistance is valuable at this stage to build a strong case.
4. Pursuing Legal Action Against Negligent Third Parties
The LHWCA permits workers to sue third parties responsible for their injuries, including ship owners or operators who create unsafe conditions. An experienced LHWCA lawyer can identify liable parties and help maximize your compensation.
Consult a seasoned longshore and harbor workers’ compensation act attorney for detailed assistance in navigating each step.
What Is The Outer Continental Shelf Lands Act (OCSLA)?
The OCSLA extends LHWCA benefits to offshore platform workers on the outer continental shelf. Established in the 1950s, this law protects employees involved in oil and gas extraction and similar offshore operations.
OCSLA compensates for injuries on platforms located beyond state waters, covering a wide range of offshore work environments. To understand how OCSLA may apply to your case, speak with a knowledgeable lhwca attorney.
History
The Outer Continental Shelf Lands Act (OCSLA) has a rich history, evolving alongside the development of the offshore oil and gas industry in the United States. Here’s a breakdown of its key milestones:
Pre-OCSLA (1950s):
Disputes arose between states and the federal government regarding ownership and jurisdiction of submerged lands beyond state boundaries.
The “Tidelands Controversy” involved a dispute between the United States and Texas over ownership of submerged lands in the Gulf of Mexico.
Birth of the OCSLA (1953):
In response to these disputes and to encourage offshore oil and gas exploration, Congress passed the OCSLA in 1953.
The OCSLA established federal jurisdiction over the Outer Continental Shelf (OCS), defined as the submerged lands and subsoil seaward from state territorial waters.
The Act granted the federal government the authority to lease these lands for mineral exploration and development.
Creation and Reorganization of Minerals Management Service (MMS) (1982):
The Department of the Interior established the Minerals Management Service (MMS) to oversee the management of mineral resources on the OCS, including oil, gas, and sulfur.
The MMS was responsible for leasing, environmental review, safety regulations, and revenue collection.
Current
The Deepwater Horizon oil spill in 2010 led to a significant overhaul of offshore energy regulations and safety standards.
The MMS was reorganized into two separate agencies:
- The Bureau of Safety and Environmental Enforcement (BSEE) to focus on safety regulations and environmental protection.
- The Bureau of Ocean Energy Management (BOEM) to manage leasing and resource development activities on the OCS.
Today, the OCSLA remains the primary legal framework for offshore oil and gas development in the United States. The BOEM and BSEE work together to ensure responsible resource development while protecting the environment and promoting worker safety.
LHWCA Lawyers That Get You The Compensation You Deserve!
At the Law Offices of Charles D. Naylor, we specialize in representing injured longshore and harbor workers. With years of experience handling LHWCA claims, we understand the complexities of maritime law and the challenges you may face after an injury.
Our Commitment to You:
Thorough Case Evaluation: We will carefully review your case to determine your eligibility for benefits and identify all potential sources of compensation.
Strong Advocacy: We will aggressively advocate for your rights and fight for the maximum compensation you deserve.
Experience and Expertise: Our attorneys have a proven track record of successfully handling LHWCA claims.
Personalized Attention: We will work closely with you to understand your needs and concerns.
Contact a Longshore & Harbor Workers’ Compensation Act Attorney
If you’ve been injured while working as a longshore worker, shipyard worker, or other covered maritime employee, don’t hesitate to contact us. We offer free initial consultations to discuss your case and answer your questions.
Please call us at 1-888-440-5829 to schedule a consultation or fill out our online contact form.
Understanding Longshoreman and Harbor Workers’ Compensation Act Benefits
Under the LHWCA, injured workers can seek various benefits, ensuring they receive necessary support and resources:
Medical Benefits
The LHWCA covers all reasonable and necessary medical treatments, including surgeries, physical therapy, and rehabilitation services, with no out-of-pocket costs for the worker.
Wage Loss Benefits
Injured workers can receive wage replacement benefits if they cannot work due to their injury. This benefit equals two-thirds of their average weekly wage.
Vocational Rehabilitation Benefits
If injuries prevent workers from returning to their previous position, the LHWCA provides vocational rehabilitation to help workers transition into new roles.
Why Work With The LHWCA Lawyers at the Law Offices of Charles D. Naylor?
With over three decades of maritime law experience, the Law Offices of Charles D. Naylor are committed to securing maximum compensation for injured maritime workers.
Our dedicated LHWCA lawyers understand the complexities of maritime law, and we offer a compassionate approach to guide you through every stage of your claim. We handle cases involving the LHWCA, Jones Act, and other maritime protections, providing a comprehensive strategy tailored to your unique situation.
Contact us today for a free consultation. You can also call our toll-free number at 1-888-440-5829.
Thorough Case Evaluation:
We will carefully review the details of your case to determine your eligibility for LHWCA benefits.
Strong Representation:
We will aggressively advocate for your rights and fight for the compensation you deserve.
Experience and Expertise:
Our attorneys have a proven track record of success in handling LHWCA claims.
Personalized Attention:
We will work closely with you to understand your specific needs and concerns.
Contact a 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 on this page. We will follow up with you directly.
LHWCA Frequently Asked Questions
1. What is the statute of limitations for filing an LHWCA claim?
The statute of limitations for filing an LHWCA claim is generally three years from the date of the injury. However, there are exceptions and extensions, so it’s important to consult with an attorney to ensure you meet the deadline.
2. What if my employer is not cooperating with my LHWCA claim?
Suppose your employer is not cooperating with your LHWCA claim. In that case, an attorney can help you navigate the process and protect your rights.
3. Can I sue my employer for negligence in addition to filing an LHWCA claim?
In some cases, you may be able to sue your employer for negligence in addition to filing an LHWCA claim. However, the specific circumstances of your case will determine your options.
4. What if I’m unsure if I’m covered by the LHWCA?
If you’re unsure whether your job falls under the LHWCA, an attorney can help you determine your eligibility.
5. How long does the LHWCA claims process take?
The LHWCA claims process can take several months, or even years, depending on the case’s complexity. An experienced LHWCA lawyer can help expedite the process and ensure you receive your benefits quickly.
