Admiralty and Marine Injuries (LHWCA) Lawyers
Personal Injury Lawyers - Representing People Nationwide
The Longshore and Harbor Workers' Compensation Act (LHWCA) is a federal act that provides protection to injured workers in occupations traditionally considered "maritime employment". It was created in part to fill gaps between the Jones Act and states' workers' compensation laws, and is administered by the U.S. Department of Labor.
The act was passed by Congress in 1927 and originally provided protection to longshoremen who worked on U.S. navigable waters and who were not covered by workers' compensation. In 1984, the bill was substantially expanded to apply to virtually all longshore and harbor workers in the U.S. Eligible workers include those who:
- Load, unload, build, repair or disassemble marine vessels
- Work on or in navigable waters
- Work on the waterfront in activities that support a shipping operation
- Are employed on fixed oil and other platforms on the Gulf of Mexico, the continental shelf, and elsewhere
Unlike the Jones Act, the LHWCA may provide benefits to injured seamen without having to show negligence or fault on the part of his or her employer. Benefits include:
- Temporary and permanent disability compensation
- Long-term medical treatment
- Rehabilitation services
- Job retraining
- Death benefits
Eligible workers injured on the job should report the injury to their employer as soon as possible and obtain a copy of the accident report. You should be aware, however, that your employer's insurance company might have interests not always in line with yours. An attorney experienced in maritime injury cases may afford you a better chance of securing the maximum compensation you may be entitled to. The attorney will also be able to advise you if a willful action by your employer may additionally merit a civil claim.