Eligibility for Filing LHWCA Claims

Any longshoreman or harbor worker who is injured on a pier, wharf, dry dock or shipping terminal may be eligible to receive compensation under the Longshore and Harbor Workers’ Compensation Act. Basically, this federal law protects employees who have a traditional relationship to maritime employment, such as a longshoreman, harbor worker, ship repairman, shipbuilder or ship breaker. Employees who perform the following duties are generally protected by this law:

• Loading or unloading vessels
• Ship construction
• Repairing ships and other vessels
• Harbor work
• General maritime construction

The Longshore and Harbor Workers’ Compensation Act Benefits

The Longshore and Harbor Workers’ Compensation Act allows the injured harbor worker or longshoreman to receive medical care and income benefits. These benefits may include medical coverage, lost wages and rehabilitation services. Injured longshoremen and harbor workers are able to choose their own physicians.

In the situation where an injured worker is not able to return to work because of the injury, then he or she may receive temporary disability benefits. Temporary benefits should equal 66 2/3 percent of the worker’s average weekly wages at the time of the injury. The benefits are generally paid every two weeks.

There is a deadline when it comes to applying for compensation under the LHWCA. The injury claim must be filed within one year of the accident with the U.S. Department of Labor. Missing this deadline could prohibit the injured worker from receiving benefits for sustained injuries.

Third Party Lawsuit

If the injury was caused by negligence on the part of someone other than the employer or if there was a dangerous condition on the vessel that resulted in an accident, then a third party lawsuit may be filed. Contact an experienced maritime attorney to determine who was at fault and discuss the legal options available to you and your family.

The Longshore and Harbor Workers’ Compensation Act provides benefits to employees who have maritime occupations, which include longshore workers, harbor workers, ship repairers, shipbuilders and shipbreakers. According to the U.S. Department of Labor, compensation and medical care is available for employees who are disabled from injuries that happened “on the navigable waters of the United States, or in adjoining areas used in loading, unloading, repairing, or building a vessel.”

This federal law also provides benefits to dependents if the maritime injury resulted in the worker’s death. The dependent could be a widow, widower or other eligible survivor, such as a parent, grandparent, sibling or grandchild.

Death benefits under the LHWCA include funeral expenses up to $3,000. In addition, the widow or widower receives 50 percent of the average weekly income of the deceased lonshoreman or other qualified employee for life or until the spouse remarries. If the deceased employee had one or more children, additional compensation of 16 2/3 percent of the average weekly income is available.

If there is no spouse and only surviving children, 50 percent of the average weekly income is paid on behalf of the first child. In the case of more than one child, a maximum of 66 2/3 percent of the average weekly wages will be shared equally among the children.

When the widow or widower remarries, he or she will receive a lump sum of money, which will cover two years. Children, siblings and grandchildren will receive the LHWCA death benefits until they reach the age of 18, but can have an extension until age 23 if they are in school.

If you have lost a loved one in a maritime accident, you should contact a maritime accident lawyer for legal advice. Contact our law firm today for a free, confidential consultation.

The LHWCA was created to allow employees to receive compensation and medical care if they become disabled from injuries that occurred “on the navigable waters of the United States, or in adjoining areas used in loading, unloading, repairing or building a vessel.”

Based on this federal law, dependents who may be eligible to receive LHWCA benefits include the widow, widower, parent, grandparent, sibling or grandchild.

Death benefits provided by the Longshore and Harbor Workers’ Compensation Act include funeral expenses up to $3,000 and 50 percent of the employee’s average weekly income. If the deceased worker had one ore more children, an additional 16 2/3 percent of the average weekly income is available.