Death Benefits Under Longshore and Harbor Workers’ Compensation Act

Work as a longshoreman, harbor worker or other employee in the maritime industry is very physical and can be dangerous at times. When a worker is injured or killed, benefits are available under the Longshore and Harbor Workers’ Compensation Act (LHWCA).

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.