Longshore & Harbor Workers' Act

The Longshore & Harbor Workers' Compensation Act (LHWCA) is a Federal workers' compensation system designed to provide medical care, lost wages, and retraining to certain types of workers who are injured or contract occupational diseases through their employment in the marine industry.

The LHWCA, administered by the United States Department of Labor, is independent of Florida's workers' compensation system and maritime/admiralty law (i.e., Jones Act and unseaworthiness). It is a no-fault system and often the sole remedy available for certain accidents.

The Act covers workers employed in maritime occupations, including longshore workers or other persons in longshore operations, and any harbor workers, including ship repairers, shipbuilders, and shipbreakers. It also applies to employment at overseas military bases of the United States and to employees of U.S. government contractors working outside the United States in public work projects or in national defense and military operations (Defense Base Act); employees working on the Outer Continental Shelf of the United States in the exploration and development of natural resources, for example, off-shore oil drilling rigs (Outer Continental Shelf Lands Act); and ; civilian employees of non-appropriated fund instrumentalities of the Armed Forces (for example, military base exchanges and morale, welfare, and recreational facilities) (Nonappropriated Fund Instrementalities Act).

The Act excludes certain workers, however, even if they are injured on navigable waters or an area adjoining those waters. These excluded workers include masters or members of a crew of a vessel and any officer or employee of the United States or of any state or foreign government.

Basic benefits include 66 2/3% of the employee's average weekly wage and reasonable and necessary medical care. The benefits are furnished through the self-insured employer or a private insurance carrier engaged by the employer. The Federal government does not provide the benefits. If there is a dispute over the provision of benefits, the LHWCA and administrative rules provide the framework for resolving the disputes. An employee may not be terminated from his/her job for pursuing LHWCA benefits.

Important Information:

  • Notice of Injury: If injured on the job, notify your supervisor or employer representative immediately or as soon as possible. If you require medical attention for your injury, you should obtain treatment as soon as possible. You must give written notice of injury to the employer within 30 days of the occurrence of the injury or within 30 days of your becoming aware that you have an injury or disability related to the employment. You should also give written notice to the District Director of the Longshore district office. You should use the Form LS-201, Notice of Employee's Injury or Death, for this purpose.
  • Time for Filing a Claim: A written claim should be filed with the Office of Workers' Compensation Programs (OWCP) within one (1) year after the date of injury; or, if the employer has been voluntarily paying compensation benefits, you should file a written claim within a year of the last payment of compensation.
  • Selection of Doctor: You are entitled to select a physician of your choice to treat the effects of your injury.
  • Payment of Compensation: The employer or insurance carrier should pay compensation within 14 days of receiving Notice of Injury except in cases where the employer or insurance carrier disputes liability for benefits and files a Notice of Controversion.
  • The employer, through its insurance carrier or claims administrator, is responsible for providing the appropriate disability benefits and medical treatment for the work-related injury. 
  • Wrongful Termination: Under the LHWCA, it is unlawful to discriminate against or fire an employee solely because he or she has filed a claim for compensation or has testified, or is about to testify, in an LWHCA hearing.
  • Total Disability: A disability is "total" when the injured employee cannot do any work due to the work-related injury. 
  • Partial Disability: A disability is "partial" if the injured employee cannot do the same job he or she was doing at the time of the injury but is able to work in a lighter or modified job, either with the same or with a different employer.
  • Average Weekly Wage (AWW) provides the basis for lost wage payments and is determined by different methods. If your wages in the 52 weeks prior to injury do not reflect your true earning capacity, for example, due to promotion, reduction in force (RIF), illness, or lack of work, or if the employment has not been permanent and continuous, there are other methods to calculate the AWW. 
  • Rate of Compensation (TTD): Temporary Total Disability ("TTD") is compensated at two-thirds (2/3) of the employee's Average Weekly Wage (AWW). 
  • Rate of Compensation (TPD): Temporary Partial Disability ("TPD") is compensated at two-thirds (2/3) of the employee's loss of earning capacity, calculated based on the difference between the AWW (what the employee earned at the time of injury) and what he/she is able to earn after the injury.
  • Permanent Total Disability ("PTD") - Compensation is paid at two-thirds (2/3) of the AWW. For example: if the AWW is $600 per week, the PTD benefit rate is $400.00 per week ($600 x 2/3 = $400.00). PTD benefits are paid as long as the disability continues.
Examples of cases the firm has handled:

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