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LHWCA Claims Explained: What Injured Longshore Workers Should Know
Longshore and harbor workers face serious risks on the job, from heavy equipment to dangerous cargo. When injuries happen, it’s essential to know your rights under the Longshore and Harbor Workers’ Compensation Act (LHWCA).
At the Shlosman Law Firm in New Orleans, we help injured maritime workers with the LHWCA process and fight for the benefits they deserve.
In this article, we’ll explain who qualifies under the LHWCA, what the claims process looks like, and what kinds of medical and wage benefits are available after a work-related injury or illness.
Longshore and Harbor Workers’ Compensation Act (LHWCA)
When a maritime worker is injured on the job, the LHWCA can provide coverage. This law is federal, meaning it is handled under United States statutes rather than state systems. Unlike some forms of compensation that rely on negligence, this Act follows a no-fault structure. Below are a few key points you should know:
First, the LHWCA covers medical costs and wage loss for maritime employees who are neither seamen nor crew members. Second, it applies to injuries on navigable waters, along with adjoining locations like docks, piers, and terminals. Third, the definition of “injury” can include occupational illnesses and diseases caused by workplace conditions. Finally, these benefits are usually paid by an insurance carrier or the employer if it is self-insured.
Many longshore employees have questions about whether the LHWCA or another law, such as the Jones Act, might apply. Since coverage often depends on the worker’s duties and the location of the injury, it’s wise to verify eligibility. Ship repairers, longshoremen, and harbor construction workers are prime examples of roles that qualify under this Act. On the other hand, vessel crew members must look to the Jones Act.
Who is Covered Under the LHWCA?
Not everyone on a harbor or shipyard is eligible for LHWCA benefits. You must generally pass two tests known as “status” and “situs” tests. These come from the language of the statute, which describes what kind of work (status) and what place (situs) must exist for coverage.
The “Status” Test: Nature of Work
The “status” test considers whether your responsibilities are tied directly to traditional maritime duties. A truck driver who only handles office tasks might not meet the threshold, while longshore workers loading cargo daily would. Some roles that fit include shipbuilders, ship-breakers, and certain mechanics who repair trucks used in loading operations. If your assignments contribute to maritime activities directly, you likely satisfy the nature-of-work component.
But, there are exclusions, such as office clerical staff, marina employees who do not handle heavy construction, and workers assigned to recreational vessel repairs under 65 feet. Crew members are also excluded because they have separate protections under the Jones Act.
The “Situs” Test: Location of Work
The second piece is the “situs” requirement. To qualify, your job must be on or near navigable waters. That includes locations like dry docks, piers, and wharves where ships are loaded or repaired. Typically, if you’re working a mile or less from the water’s edge and your tasks involve maritime commerce, you are probably meeting the “situs” test. Once you are far inland or in areas without substantial maritime activities, you may not qualify.
LHWCA Extensions
The LHWCA has a few extensions that broaden coverage. These include the Defense Base Act (DBA), which applies to specific overseas contractors, the Outer Continental Shelf Lands Act (OCSLA) for offshore rigs, and the Non-Appropriated Fund Instrumentalities Act (NAFIA) for civilian employees working for certain military department operations. The terms of these extensions mirror the original LHWCA framework but apply in different settings.
Reporting an Injury and Filing a Claim
Injured workers under the LHWCA should act promptly. A timely report both protects your access to benefits and gives your employer notice to arrange medical care. Mistakes in reporting can lead to disputes, so keep track of deadlines and follow all required steps. Here’s a brief look at those steps before we go further:
- Notify your supervisor as soon as possible
- Seek prompt medical attention from a maritime-eligible provider
- Obtain Form LS-1 (Request for Examination and/or Treatment) from the employer
You must also send a written notice of the injury within 30 days using Form LS-201. That legally protects your right to compensation. Missing the 30-day window may jeopardize your claim unless you have a valid reason or the employer isn’t harmed by the delay. Beyond that, a formal claim (Form LS-203) must be filed within one year of the incident or the last payment you received. All documents should be forwarded to the Office of Workers’ Compensation Programs (OWCP) with accurate details and supporting records.
Below is a brief table outlining major deadlines. Keeping this handy may help you stay on track:
| Action | Deadline |
| Injury Notification to Employer | Within 30 days |
| Formal Claim to OWCP | Within 1 year of injury or the last compensation |
| Report of Death | Within 30 days for survivor benefits |
When sending these documents, keep copies for your records. Errors in paperwork often lead to claim disputes. If the claim is denied, the employer must file Form LS-207 (Notice of Controversion), stating why benefits won’t be paid.
Types of Benefits Available Under the LHWCA
Once you show that your injury happened at work on or near navigable waters, you can generally receive a few categories of benefits. These include lost wages (disability benefits) and medical care. Here’s a quick rundown of disability types:
- Temporary Total Disability: Paid at two-thirds of your average weekly wage when you can’t work at all but have not reached medical stability.
- Temporary Partial Disability: Paid at two-thirds of the difference between your old wages and what you now earn if you do a reduced workload.
- Permanent Total Disability: Two-thirds of your average weekly wage for as long as you remain disabled permanently.
- Permanent Partial Disability: Compensation for situations where you are not fully disabled but can’t do your old job due to a lasting impairment. Payments are typically based on a schedule or wage-earning capacity if your condition doesn’t fall under the scheduled injuries.
All reasonable and appropriate medical expenses are also covered, such as surgery, prescription costs, and medical travel. If the injury prevents you from returning to your prior role, you might qualify for vocational rehabilitation. That can include job training or job placement assistance to help you secure other work. Finally, if an employee passes away from a covered injury, survivors may receive death benefits and funeral allowances.
Medical Treatment Under the LHWCA
A major advantage of the LHWCA is that medical benefits continue for the entire time the treatment remains necessary. There is no official provider network, so injured employees can select the physician they prefer, provided that person meets the law’s definition of a “physician.” Certain professionals, like chiropractors, have stricter guidelines for the nature of the care they can give. If you need advanced diagnostic testing, referrals might require additional sign-off from the insurance carrier or employer.
All treatment bills go to the insurance carrier or claims adjuster. Reasonable travel costs to and from appointments should also be reimbursed. If any dispute surfaces regarding the necessity or duration of a treatment, the Claims Examiner from OWCP can step in to help resolve it.
What to Do if Your Claim Is Disputed
Occasionally, employers try to avoid paying benefits or question coverage. They may complete Form LS-207, known as a Notice of Controversion, which outlines their reasons for denying compensation. If this happens, keep calm and respond with thorough documentation. You can contact the Longshore Claims Examiner at the regional OWCP office to seek assistance and start an informal conference between you and the employer’s insurer. If no agreement emerges, you may request a formal hearing before an Administrative Law Judge using Form LS-18. It’s often wise to consult an attorney at this juncture, as legal representation can protect your rights more effectively.
Facing Complex LHWCA Claims? Contact Shlosman Law Firm.
We know how it feels to be hurt at work and face the financial burdens that come in the aftermath. Our team at Shlosman Law Firm focuses on helping injured people and their families in maritime and other serious injury matters. We aim for the best possible outcomes and a supportive approach along the way.
If you want to talk with someone who understands, feel free to call us at 504-826-9427 or reach us online via our Contact Us page. You can also email info@shlosmanlaw.com. Let’s chat about your options, whether it’s filing that first claim or moving forward with a disputed case. We’re here to offer straightforward guidance, and we’ll do our best to help you move ahead.