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Longshore and Harbor Workers Compensation Act

harbor-workerLapeze & Johns’ Harbor Worker Injury Attorneys represent harbor workers throughout the Gulf Coast and nationwide. Harbor workers are covered under the Longshore and Harbor Workers’ Compensation Act (LHWCA), which provides for maritime employees. Compensation provided under LHWCA usually covers more than traditional workers’ compensation acts.

LHWCA was enacted in 1927 to cover workers in the maritime trade who are not protected under the Jones Act. Harbor workers routinely fall into this category, and anyone who works in a harbor up to a mile inland may be eligible to receive benefits under the act.

In comparison to traditional workers’ compensation coverage, LHWCA can provide permanent partial disability compensation. Traditional coverage does not include this type of benefit. Harbor workers who are considering filing a maritime injury claim and receiving compensation under LHWCA must fall into two categories determined by tests: status and situs. The status test determines how much time a worker spends on the water or in marine transport. The situs test determines location, and anyone covered under the LHWCA must work on, near, or adjacent to water.

In some states, a claimant may be able to file for both LHWCA and workers’ compensation. To understand the rules Louisiana has about double filing, contact the Texas maritime attorneys at Lapeze & Johns for a free case evaluation.

Benefits under LHWCA include:

  • Medical expenses, including all medical care, supplies, and services related to the injury.
  • Financial compensation is available every two weeks for total disability and at a lower rate for partial disability.
  • Permanent Total and Temporary Total Disability. The claimant may receive 2/3 total wages up to a predetermined amount.
  • Any evaluations, counseling, testing, and vocational retraining is eligible for compensation.
  • Death benefits. Widows and eligible survivors may receive compensation for funeral expenses and lost wages.

The statute of limitations for LHWCA is one year from the time of injury or death.

Employers who have workers covered under the act are responsible for securing insurance to adequately compensate injured employees. Employers may use private insurance or become self-insured to cover their employees.

If you are an injured harbor worker seeking compensation for an injury, contact an attorney to determine your course of action regarding a claim. Find an attorney who knows maritime injury law. Not doing so may mean you will not receive the benefits that are rightfully yours.

Do not discuss the details of your case with anyone except your Harbor Worker Injury Attorney. However, do notify your employer and give them notice within 30 days. You may have more time if hearing loss or occupational disease is part of the claim. Regardless, you should file a claim within a year. Your attorney will be able to help you with this process and determine any secondary course of action if needed.

The attorneys at Lapeze & Johns are familiar with the complexities that surround the different maritime law acts and are prepared to help you find the solution for your maritime injury claim. Harbor workers are subject to many of the same dangerous conditions as seamen on offshore vessels, and deserve to have their rights to adequate compensation protected. Our Gulf Coast offshore injury attorneys are experienced and have tried hundreds of maritime injury cases at both the state and federal levels.

Securing the representation of a Lapeze & Johns attorney also affords you the benefit of their exceptional depth of maritime law knowledge as well as their willingness to speak with your employer and insurance adjusters on your behalf. A claims case may take time, and knowing that you have high quality, most aggressive representation throughout the Gulf Coast will provide you with peace of mind during the course of your case.