What is the U.S. Longshore and Harbor Workers’ Compensation Act?

Maritime workers face unique challenges in their field compared to workers in other industries, including harbor and dock workers. Many maritime workers may be familiar with the Jones Act, but what is the U.S.

Longshore and Harbor Workers’ Compensation Act? Essentially, this piece of legislation protects workers in the maritime industry but not offshore workers.

Work injuries can be extensive, leaving you with thousands of dollars in medical bills. A New Orleans maritime lawyer can help you protect your rights to compensation through the Longshore and Harbor Workers’ Compensation Act. You should not have to face the costs of your injuries alone, and we are here to help you get the support you need. 

The U.S. Longshore and Harbor Workers’ Compensation Act

The federal Department of Labor oversees the U.S. Longshore and Harbor Workers’ Compensation Act (LHWCA). This legislation was passed in March of 1927, and though it has seen some revision from the original document, it is still a staple for longshore workers today.

One of the many benefits of the LHWCA is that it allows you to make a no-fault claim for medical care following a work while also protecting your right to file a third-party lawsuit under 905(b) if you believe your injuries were caused by negligence.

When you choose to file a claim under the workers’ compensation policy granted by the LHWCA, you will often have to waive the right to file a private lawsuit. This is one of the many reasons it may be helpful to consult a maritime injury lawyer before making any decisions or filing claims.

However, if you determine a claim under workers’ compensation guidelines is most appropriate, it provides complete coverage for treatment from approved providers without the hassle of an investigation or court case. 

If employer negligence caused your injuries, you may determine that a civil lawsuit is the most appropriate course of action. You may not be able to collect workers’ compensation benefits if you pursue this route. However, you may be able to recover compensation for losses such as pain and suffering, which are not included in workers’ compensation. 

Eligibility for LHWC

Eligibility for payments through the LHWC is simple but with a few caveats. The LHWC is meant to be mutually exclusive with The Jones Act in that it covers different categories of Maritime workers. Some of those who may be excluded include:

• Seamen (masters or members of a crew of any vessel)
• United States government employees or employees of any state or foreign government
• Employees whose injuries were caused by specific intent to hurt themselves or others, or employees whose injuries were caused only due to their own intoxication
• Clerical or administrative staff

This list is not exhaustive, as many other individuals may find themselves in a maritime setting due to their work that may not be covered. If you have coverage concerns prior to an accident, you can consult with your employer.

If you are concerned your employer may be unfairly or illegally excluding you from eligibility, then you may be best served to discuss the concerns with a maritime injury attorney from Scott Vicknair Injury Lawyers. 

Covered Injuries

Working in a maritime position often means regular or prolonged encounters with loud noises, potentially toxic chemicals, and repetitive and strenuous movements that can cause damage over time. 

Because of this, the LHWC covers work–related illnesses in addition to injuries or death from an accident. This can include situations like joint and back issues, hearing issues, or illness related to chemical exposure. 

Eligibility with Concurrent Benefits

You may wonder if you can collect additional benefits while also receiving them through the LHWC. In most cases, you can collect benefits from social security or a state workers’ compensation policy, as well as the LHWC. However, your LHWC benefits may be reduced if you collect from both plans. 

Longshore and Harbor Workers’ Compensation Payout

When you receive benefits for a workers’ compensation claim, it can be through multiple avenues. For example, the workers’ compensation insurance provider will typically pay your provider and medication bills directly and in full, but payments for disability or survivor benefits may go directly to the beneficiary. 

Depending on the type of claim, you will often receive up to 2/3 of your average weekly wage. Survivor benefits will generally pay out around 50% of the average weekly wages (AWW) for a spouse and add an additional 16% or so for additional dependents.

Widows or widowers will receive benefits for life or until remarried, while child dependents can receive benefits until 18 or 23 if they are full-time students. 

Determining Average Weekly Wage

The average weekly wage determines how much you will receive in disability or lost wages. It is calculated based on your wage at the time of the injury, and most often, the employer divides your annual earnings by 52 to provide a fair average amount. 

However, there are payment minimums and maximums that the calculations must consider, so if you feel your payout amount is incorrect, you can discuss this with your attorney. 

Contact Us Today for Support in Your U.S. Longshore and Harbor Workers’ Compensation Claim

Maritime injuries can be devastating, resulting in illness and injury that affects your daily life, like hearing loss or back pain. These injuries can also result in major life changes like limb amputation or death.

At Scott Vicknair, we believe workers should be protected and will fight for the rights you are granted by the U.S. Longshore and Harbor Workers’ Compensation Act, whether through helping you navigate the workers’ compensation system or filing a lawsuit against your employer for negligence. 

You may be uncertain if hiring an attorney is the right move, but we offer free case consultations with no obligation. We have built a strong foundation around our core values that put our clients first and keep winning your case as a top priority. So, meet our team and call us today.