The Longshore and Harbor Workers Compensation Act provides federal workers compensation benefits to maritime workers who do not qualify as Jones Act seamen. Longshoremen, harbor workers, ship repair workers, and certain other maritime employees receive medical benefits and disability payments under this federal system. Understanding LHWCA coverage helps maritime workers determine their rights and pursue appropriate benefits when injured on the job.
Who Is Covered by the LHWCA
The LHWCA covers maritime workers engaged in longshoring operations, ship repair, shipbuilding, and harbor work. Coverage depends on both the nature of work (status) and where the work is performed (situs). Workers must satisfy both requirements to qualify for LHWCA benefits.
The status test requires that work involve maritime employment. Longshoremen who load and unload vessels, ship repairers, shipbuilders, and harbor workers engaged in maritime commerce satisfy the status requirement. The work must be integral to the maritime industry rather than incidentally maritime.
The situs test requires that injury occur on navigable waters or an adjoining area customarily used for maritime activities. Docks, piers, terminals, and shipyards typically satisfy the situs requirement. The area must have a functional relationship to maritime shipping activities.
Workers Excluded from LHWCA
Jones Act seamen are excluded because they have separate remedies under the Jones Act. Workers who qualify as seamen cannot simultaneously receive LHWCA benefits. The determination of seaman status affects which system provides coverage.
Clerical, administrative, and managerial employees are generally excluded even if they work in maritime facilities. Security guards, data processors, and office workers typically fall outside LHWCA coverage. Their work is not sufficiently maritime in nature.
Workers covered by state compensation laws may be excluded depending on the specific nature of their duties and location. Small vessel workers, aquaculture workers, and recreational marina employees may fall under state rather than federal coverage.
LHWCA Benefits
Medical benefits cover all reasonable medical treatment for work-related injuries. This includes physicians, hospitals, medications, rehabilitation, and medical equipment. Unlike some state systems, the LHWCA does not impose arbitrary limits on medical care.
Disability benefits replace lost wages during recovery. Temporary total disability pays two-thirds of average weekly wages while workers cannot work at all. Temporary partial disability applies when workers can perform some work at reduced earnings. Permanent disability benefits address lasting impairments.
Scheduled awards provide set amounts for specific permanent impairments such as loss of limbs, fingers, or eyes. These awards are based on predetermined formulas rather than individual earning capacity. Unscheduled injuries affecting earning capacity receive different treatment based on actual wage loss.
Death benefits provide surviving dependents with compensation when work injuries prove fatal. Spouses and children receive payments based on the deceased worker's wages. Burial expenses are also covered.
Filing LHWCA Claims
Injured workers must report injuries to employers promptly. While the LHWCA provides 30 days for written notice, prompt reporting protects claims. Employers must then file reports with the Department of Labor.
Claims for compensation must be filed within one year of injury or last payment of benefits. This deadline is critical—missing it can bar claims entirely. The one-year period may be extended in certain circumstances involving employer fault.
Disputes are resolved through the Department of Labor's Office of Workers Compensation Programs. Administrative law judges hear contested claims. Appeals proceed to the Benefits Review Board and then to federal courts.
Third-Party Claims
LHWCA workers may have claims against third parties in addition to workers compensation benefits. Equipment manufacturers, vessel owners, and other parties whose negligence caused injury can be sued for damages beyond what workers compensation provides.
Section 905(b) of the LHWCA specifically addresses vessel owner liability to longshore workers. While vessel owners owe a duty of care, the duty is limited—vessel owners are not required to supervise longshore operations or inspect cargo they do not control.
Third-party recoveries may require reimbursement of LHWCA benefits paid. Employers and insurers have liens against third-party recoveries. Understanding these liens helps workers evaluate the net value of potential third-party claims.
LHWCA vs. Jones Act
Jones Act seamen have the right to sue employers for negligence and receive full tort damages. LHWCA workers receive scheduled benefits without needing to prove fault, but cannot sue employers. The trade-off between guaranteed benefits and tort rights reflects different policy choices.
Some workers fall in gray areas where either system might apply. The determination of seaman status affects which remedies are available. Workers whose status is unclear should consult attorneys who understand both systems.
Conclusion
The Longshore and Harbor Workers Compensation Act provides important protections for maritime workers who do not qualify as Jones Act seamen. Understanding coverage requirements, available benefits, and claims procedures helps workers secure the compensation they deserve. Third-party claims may supplement LHWCA benefits when others bear responsibility for injuries.