Longshore workers face significant risks while working in maritime environments, often dealing with heavy machinery, cargo, and dangerous vessel conditions. When injuries occur, workers and their families may be left wondering how they will manage medical expenses, lost wages, and long-term recovery. Fortunately, the Longshore and Harbor Workers’ Compensation Act (LHWCA) provides essential protections and financial benefits to injured maritime workers. Understanding your rights under the LHWCA is crucial to ensuring you receive the compensation you are entitled to after a workplace injury.
What is the Longshore and Harbor Workers’ Compensation Act (LHWCA)?
The LHWCA is a federal law enacted to provide compensation and medical benefits to workers who are injured while performing duties in navigable waters of the United States or adjoining areas such as docks, piers, wharves, terminals, or shipyards. This law specifically covers longshore workers, harbor workers, ship repairers, shipbuilders, and other maritime employees who do not qualify for traditional state-based workers’ compensation programs.
Unlike state workers’ compensation systems, which vary by state, the LHWCA is a uniform federal program that ensures injured workers can access financial relief regardless of their location. The LHWCA also provides benefits to surviving family members of workers who suffer fatal injuries on the job. Additionally, injured workers may be able to pursue third-party claims against negligent parties, such as shipowners, when unsafe vessel conditions contribute to their injuries.
Benefits Available Under the LHWCA
The LHWCA offers a range of benefits to longshore workers who are injured on the job, ensuring that they can focus on recovery without facing financial hardship. These benefits include:
- Medical Expenses: Injured workers are entitled to full coverage of medical costs related to their injury, including doctor visits, hospital stays, surgeries, medications, physical therapy, and rehabilitation. The law also covers any necessary travel expenses for medical treatment.
- Temporary Disability Benefits: If a worker cannot return to their job due to the injury, the LHWCA provides temporary disability compensation. This benefit typically amounts to two-thirds of the worker’s average weekly wage and continues until the worker reaches maximum medical improvement.
- Permanent Disability Benefits: Workers who suffer a permanent partial or total disability are entitled to compensation based on the severity and type of disability. Permanent partial disability benefits are often calculated using a schedule of injuries (e.g., loss of a limb or impaired vision). In cases of permanent total disability, workers may receive ongoing compensation for life.
- Vocational Rehabilitation: For workers unable to return to their previous jobs, the LHWCA provides vocational rehabilitation services to help them retrain for new employment opportunities.
- Death Benefits: If a longshore worker dies due to a work-related injury, surviving family members (such as spouses and dependent children) are entitled to death benefits. These include compensation for funeral expenses and a percentage of the deceased worker’s wages.
Pursuing Third-Party Claims in Addition to LHWCA Benefits
While the LHWCA provides important benefits, injured longshore workers may also pursue third-party negligence claims when another party—such as a shipowner—contributes to their injury. Under maritime law, shipowners owe longshore workers specific legal duties, including the turnover duty, active control duty, and duty to intervene. If a shipowner fails to meet these obligations and unsafe vessel conditions cause an accident, the injured worker may have grounds to file a third-party claim for additional compensation.
Unlike LHWCA benefits, which are limited to medical expenses, disability compensation, and lost wages, third-party claims allow workers to seek non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life. For example:
- If a worker slips on an oily deck that the shipowner failed to clean or warn about, the shipowner may be held liable under the turnover duty.
- If the shipowner operates a crane during cargo handling and causes a load to fall, they may be liable under the active control duty.
Pursuing both LHWCA benefits and a third-party claim can provide injured workers with the financial resources they need to recover fully and support their families during difficult times.
Steps to Take After a Longshore Workplace Injury
If you are injured while performing maritime work, taking the following steps can protect your rights under the LHWCA and strengthen any potential third-party claims:
- Report the Injury: Notify your employer and supervisor about the injury as soon as possible. Failing to report the incident promptly could jeopardize your ability to receive compensation.
- Seek Medical Treatment: Obtain immediate medical care for your injuries, and keep detailed records of all treatments, diagnoses, and medical expenses.
- Document the Scene: Take photographs of the hazardous conditions that caused your injury, such as slippery surfaces, broken equipment, or unsecured cargo. Collect witness contact information and statements.
- File an LHWCA Claim: Submit a formal claim for benefits under the LHWCA within the required time limits. Consulting an attorney can help ensure the paperwork is filed correctly.
- Consult an Attorney: If unsafe vessel conditions contributed to your injury, a maritime injury attorney can help determine whether you have grounds for a third-party negligence claim against the shipowner.
Contact a Maritime Injury Lawyer for Help
Understanding your rights under the Longshore and Harbor Workers’ Compensation Act (LHWCA) is critical after a workplace injury. Whether you need assistance securing LHWCA benefits or pursuing a third-party negligence claim against a shipowner, having experienced legal representation can make all the difference.
At Spagnoletti Law Firm, we are committed to helping longshore workers and their families navigate the complexities of maritime injury claims. We will investigate the cause of your injury, ensure you receive the compensation you are entitled to, and hold negligent parties accountable for unsafe conditions. Contact us online or call 713-804-9306 for a free consultation today. Let us help you take the first step toward recovery and justice.