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The Longshore and Harbor Workers Compensation Act (LHWCA)
The Longshore and Harbor Worker's Compensation Act compensates injured longshoremen, dockworkers and other maritime workers who are not seamen, after they have been injured in accidents.
The LHWCA applies to those maritime workers who do not qualify under the Jones Act, nor under the Workers Compensation laws of the state. The LHWCA is similar to the Workers Compensation laws of your state. The biggest similarity is that injured workers do not have to prove employer negligence in order to be eligible for benefits under the LHWCA.
Who is Eligible under LHWCA?
Examples of maritime workers eligible under the LHWCA include:
- Crane operators at a port
- Shipyard, ship building and ship repair workers
However, this doesn't mean that all workers at a port qualify under the LHWCA. There may be workers not engaged in maritime work at a port, who therefore, qualify under Workers Compensation laws, and not the LHWCA.
Also, there are certain classes of workers who absolutely do not qualify for compensation under the LHWCA. These include clerical employees who may be covered under state Workers' Compensation laws, employees of the federal government and seamen under the Jones Act.
Benefits Under LHWCA
Broadly, LHWCA provides for the following benefits to be paid out to workers who are injured or fall ill as a result of their employment.
- Medical costs
- Disability payments
- Rehabilitation costs
- In addition, families of workers killed during employment may be eligible for wrongful death benefits.
Maritime laws can be notoriously complex to navigate, no pun intended. Most attorneys do not represent persons injured in maritime accidents, and not every maritime lawyer will have experience representing workers covered under the LHWCA.
The maritime lawyers at Schechter McElwee Shaffer & Harris have over the years, represented hundreds of longshoremen, dockworkers, crane operators, loading and unloading workers, stevedores another non-seamen maritime workers, and helped them recover the compensation to which they are entitled. If you are an injured longshoremen or dockworker or any other non-seaman maritime worker, contact an experienced maritime attorney at our firm for a free evaluation of your case. It doesn't cost you anything to talk to us. We only recover our fee after we obtain compensation for you.