Longshore and Harbor Workers’ Compensation Act (LHWCA) Lawyers
Protecting Longshoremen & Harbor Workers Nationwide
The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal law designed to protect maritime workers who sustain injuries while performing duties on navigable waters, docks, shipyards, piers, and terminals. Unlike state workers’ compensation programs, the LHWCA provides greater benefits and covers specific maritime employees who do not qualify for the Jones Act.
Longshore and harbor workers experience a variety of injuries and fatalities either on shore or when sent to perform a specific task on board a vessel or drilling rig. This danger requires specific workers’ compensation protection and is outlined in the Longshore and Harbor Workers’ Compensation Act. At Doyle Dennis Avery LLP, our attorneys are well versed with the Act and how to best seek to recover compensation.
Learn more about Maritime Worker Rights and Offshore Injury Legal Services
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- Work as a longshoreman, harbor worker, shipyard employee, or dock worker.
- Suffer an injury while working on navigable waters, ports, docks, shipyards, or maritime facilities.
- Your job duties involve loading, unloading, repairing, or maintaining vessels.
What Compensation Can You Receive Under the LHWCA?
If you qualify for LHWCA benefits, you may be entitled to:
- Medical Coverage: Payment for hospital visits, surgeries, medications, rehabilitation, and ongoing care.
- Disability Benefits: Compensation for temporary or permanent disabilities caused by workplace injuries.
- Lost Wages: Partial or full wage replacement during your recovery.
- Vocational Rehabilitation: Assistance with job retraining if you are unable to return to your previous position.
- Death Benefits: Financial support for dependents of workers who suffer fatal injuries on the job.
For more details on compensation eligibility, visit our LHWCA Benefits Guide and Maritime Injury Compensation.
How to File an LHWCA Claim
If you suffer a maritime workplace injury, it is important to follow these steps:
- Report the Injury – Notify your employer immediately and ensure they file an accident report.
- Seek Medical Treatment – Document your injuries and obtain necessary care.
- File a Claim – Submit your LHWCA claim to the U.S. Department of Labor.
- Consult an LHWCA Lawyer – Work with an experienced LHWCA attorney to protect your rights and secure the maximum compensation.
For more details, visit Filing a Maritime Injury Claim.
Case Study: Winning an LHWCA Claim
Case Example
A longshoreman suffered a severe back injury while unloading cargo at a Gulf Coast port. His employer attempted to deny benefits, but after hiring an experienced LHWCA attorney, he secured a $2.5 million settlement, covering medical costs, lost wages, and rehabilitation services.
Read more about successful LHWCA case results.
LHWCA vs. The Jones Act: Understanding the Difference
While both laws offer protections to maritime workers, they cover different job roles:
- LHWCA: Covers dock workers, harbor employees, and shipyard workers.
- Jones Act: Protects seamen and crew members working on vessels in navigation.
Not sure which law applies to you? Our maritime injury lawyers can help determine the best legal path for your case.
Why Choose Our LHWCA Lawyers?
- Decades of Experience: Over 20 years of success handling LHWCA claims.
- Millions Recovered: We have won major settlements for injured longshoremen and harbor workers.
- Recognized Legal Excellence: Featured in Super Lawyers, Best Lawyers, and National Trial Lawyers Top 100.
- No Upfront Costs: You only pay if we win your case.
- Local & National Representation: Serving Houston, Gulf of Mexico, Louisiana, Galveston, New Orleans, and maritime workers nationwide.
See why we are top-rated maritime injury attorneys.
Client Testimonials and Reviews
For more details, visit Houston Maritime Injury Lawyers and Gulf of Mexico Offshore Accident Claims.
Employer
- Due to the hazardous nature of longshore and harbor work the Occupational Safety and Health Administration (OSHA) established standards for the trade. OSHA regulates general working conditions, protective equipment, working areas and procedures for handling cargo and equipment. Your employer is required to implement these standards. Further information on rules and regulations can be seen on their website.
- After an employee is injured the employer or insurer must provide adequate medical care for the injury or illness throughout the process of recovery. The care should be provided until full recovery or maximum medical improvement is met.
- The employer cannot discharge or discriminate against an employee for claiming or attempting to claim compensation unless claim was false.
- Maintain records of injuries and report them promptly when they arise
Insurer
- Respect the right of the employee to choose an attending physician to provide medical care
- Provide past and future wages as detailed in the Longshore and Harbor Workers’ Compensation Act
- Pay claim barring a reasonable basis not to do so
- Conduct timely investigation
- Confirm denial is proper before withholding payments
- These requirements of medical care and financial compensation must be provided regardless of who is at fault for the injury
- Following these rules ensures the best chances for medical recovery, financial protection and return to work
- Put the interests of the worker’s health over monetary interests
- Hire impartial reviewers that are not biased by own financial gain or against certain medical treatments or providers.
Covered under LHWCA
The federal government created the Longshore and Harbor Workers’ Compensation Act (LHWCA) in 1927 to cover longshore and harbor workers along with other maritime workers not covered by the Jones Act.
The LHWCA covers various workers that support the maritime industry, as well as non-maritime jobs on navigable waters and civilians working on overseas military bases.
Maritime Workers eligible for compensation under the act include:
- Longshore workers unloading and loading vessels
- Workers building, breaking and repairing ships
- Harbor construction workers
- Workers at piers, docks, terminals and wharves or other maritime connected locations.
Outer Continental Shelf Lands Act
The Outer Continental Shelf Lands Act was implemented in 1953 and established the US government’s title and jurisdiction over the outer continental shelf. The Outer Continental Shelf is defined as all submerged lands lying seaward 3 miles off the US shore and under U.S. jurisdiction. The Department of the Interior was given the ability to grant leasing rights for oil and mineral production along with creating safety standards for them. The act also extends the Longshore and Harbor Workers’ Compensation Act to employees working on the outer continental shelf for the exploration and development of natural resources and not covered by the Jones Act. Those employees include workers on offshore drilling platforms, oil rigs or other fixed platforms on navigable water.
These employees include:
A 2012 Supreme Court decision in Pacific Operators Offshore, LLP v. Valladolid stated the OCSLA extended coverage of the LHWCA to workers injured or killed onshore that can establish a substantial nexus to exploration and development of natural resources offshore. If the injury was a result of offshore activities, the LHWCA may apply.
Defense Base Act (DBA)
The Defense Base Act (DBA) was enacted in 1941 to provide extended workers’ compensation coverage under the Longshore and Harbor Workers’ Compensation Act (LHWCA) to civilians working on government contracts outside of the continental United States. The act covers American citizens and foreign nationals.
Those covered include civilians working outside the continental United States:
- For authorized private companies or contractors on US military bases.
- Under contract with the US government for public works or national defense.
- On welfare or similar services for troops and authorized by the Department of Defense
- On lands occupied or used by the US for military purposes
- For allies on military related projects
- On welfare projects approved by the US government (?)
The Defense Base Act provides benefits in the case that civilians are injured, killed or kidnapped during their work for US government military activities. Further info can be found on their website.
The Non-Appropriated Fund Instrumentalities Act extends certain parts of the Longshore and Harbor Workers’ Compensation Act to civilian employees of non-appropriated fund instrumentalities of the Armed Forces. Non-appropriated funds are acquired through services given to the armed forces and under the military’s jurisdiction.
The services provide comfort, pleasure, contentment, and mental and physical improvement for the military. An example of this would be the numerous military exchanges throughout the world. More information can be found on the government’s website.
Contact Us for a Free Consultation
If you or a loved one has suffered an injury while working as a longshoreman, we can help. Don’t navigate this alone—our experienced Longshoreman Rights Lawyers are ready to fight for you.
- Call Us Now: (888) 571-1001
- Schedule a Free Case Review
- Serving Houston, Gulf of Mexico, Louisiana, Galveston, New Orleans, and maritime workers nationwide.
