The Longshore & Harbour Workers’ Compensation Act is a federal law that provides compensation and medical benefits to workers who are injured while working on the waterfront. The law covers many workers, including dockworkers, oil rig workers, and shipyard workers. You may be entitled to benefits under this law if you are a docker or harbor worker injured on the job.
This blog will discuss everything you need to know about the Longshore & Harbour Workers’ Compensation Act. We will cover topics such as who is protected under the law, what benefits are available, and how to file a claim. If you are a longshoreman or harbor worker injured on the job, this blog is a must-read!
What is the Longshore & Harbor Workers’ Compensation Act?
The Longshore & Harbor Workers’ Compensation Act (LHWCA) is a federal law that benefits injured workers working in the United States navigable waters or in an area adjacent to such waters. The LHWCA is administered by the Office of Workers’ Compensation Programs (OWCP) within the U.S. Department of Labor.
The LHWCA covers a wide range of workers, including dockers, dockworkers, harbor workers, shipyard workers, and certain other maritime workers. The LHWCA does not protect seamen. However, the Jones Act instead governs injuries to a seaman.
If you are covered by the LHWCA and you are injured while working, you may be entitled to receive benefits for your medical expenses, wage losses, and permanent impairment. You may also be eligible for death benefits if your injury leads to death.
To receive benefits under the LHWCA, you must first file a claim with OWCP. OWCP will then investigate your claim and determine whether you are eligible for benefits. If your claim is approved, OWCP will begin paying your benefits promptly. You can appeal the decision through an administrative process if your claim is denied.
What benefits are available to longshore and harbor workers under the Act?
The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal law that provides benefits to employees who are injured or become ill due to their job. The LHWCA covers employees who work in maritime industries, including shipyards, docks, and terminals.
Benefits under the LHWCA include medical expenses, income replacement, and death benefits. Medical expenses are paid for by the employer’s insurance carrier and can consist of hospitalization, surgery, and rehabilitation. Income replacement benefits are calculated based on the employee’s average weekly wage and provide up to 66 2/3 of their salary while unable to work. Death benefits are paid to the surviving spouse or dependent children of an employee who dies due to a work-related injury or illness.
The LHWCA is administered by the Office of Workers’ Compensation Programs (OWCP) within the U.S. Department of Labor. Employees who believe they are entitled to benefits under the LHWCA should file a claim with the OWCP.
Who is covered under the Act?
The Act provides coverage for employees injured while working on the navigable waters of the United States or in an adjoining area customarily used in loading, unloading, repairing, or building a vessel. The term “employee” is defined very broadly and includes not only longshore workers and harbor workers but also anyone engaged in maritime employment, including shipbuilders and ship-repairers, dockworkers, stevedores, longshoremen, oilers, maintenance and repair men, laborers employed by a contractor with a maritime contract (e.g., to clean a vessel), crew members on foreign vessels while in U.S. waters, certain office workers even if their injury does not occur on the waterfront (e.g., those responsible for scheduling the loading and unloading of cargo), and certain other workers not traditionally thought of as maritime employees (e.g., those who load and unload aircraft at international airports).
How do I file a claim under the Act?
If you’ve been injured while working on the docks, you may wonder how to file a claim under the Longshore & Harbor Workers’ Compensation Act (LHWCA). The first step is to notify your employer of your injury as soon as possible. Your employer should provide you with a claim form (DWC-1) to complete and return.
Once your employer has received your completed claim form, they have ten days to forward it to their insurance carrier. The insurance carrier then has 14 days to accept or deny your claim. If your claim is accepted, you will receive benefits within 30 days. If your claim is denied, you can appeal the decision by filing a notice of disagreement with the Office of Workers’ Compensation Programs (OWCP).
If you have any questions about filing a claim under the LHWCA, don’t hesitate to contact an experienced workers’ compensation attorney in your area.
Contact and Visit Us at Gaylord and Nantais Attorneys at Law
If you have been injured while working on the docks, you may be entitled to compensation under the Longshore & Harbor Workers’ Compensation Act (LHWCA). The LHWCA is a federal law that benefits injured workers who contract an illness while working on the waterfront.
If you think you may be covered under the LHWCA, the first step is to contact an experienced attorney who can evaluate your case and help you get the benefits you deserve. At Gaylord & Nantais, we have over 30 years of experience handling LHWCA claims. We will work tirelessly to bring you the compensation you need and deserve.
Don’t hesitate to contact us today at (562) 561-2669 to learn more about your rights under the LHWCA or schedule a free consultation with one of our attorneys.