The Longshoremen and Harbor Worker’s Compensation Act or LHWCA for short was created in 1927 to protect maritime employees. This act provides medical care and compensation for them when they are injured or disabled from accidents on the navigable waters of the United States and in areas to build, load and repair vessels.
It does not solely protect the employee but it also provides benefits to eligible survivor if injuries result in the employee’s death. Specifically it protects workers in long shore operations as well as ship repairers, builders and breakers. Individuals who are covered by the state workers’ compensation law as well has captains and crew members who are protected by The Jones Act are excluded from the LHWCA.
After a worker is injured, the temporary compensation covers 2/3 of their average weekly wage while they are undergoing medical treatment. They are entitles to all reasonable and necessary medical treatments paid for. A compensation is also available for permanent impairment of specified limbs and organs. If a worker is deceased, then the eligible survivor is entitled to 50% of the national average weekly wage.
. There are four categories of disability benefits which are as followed
• Temporary total disability
• Temporary partial disability
• Permanent total disability
• Permanent partial disability
The type of disability benefit depends on how serve the injury is and whether or not the employee can return back to their specific line of work.
If you or a loved one have been injured at sea and want to know if you qualify under the LHWCA or have any legal questions, contact a maritime attorney.