Longshore and Harbor Workers’ Compensation Act (LHWCA)

Compensation for Injured Workers

If you are a seaman injured or killed on the job, the Jones Act is available to help you or your family get compensation. But what if you are not considered a “seaman?”

Who is Covered Under the LHWCA?

Longshore and Harbor Workers’ Compensation Act (LHWCA) attorneysThat’s where the Longshore and Harbor Workers’ Compensation Act (LHWCA) steps in.  This federal law is very much like state workers compensation statutes, in that it is a “no-fault” system, and you are not required to prove negligence on the part of the employer in order to recover.

The LHWCA covers injuries that occur during maritime employment on the navigable waters of the United States.  Navigable waters can include adjacent areas such as an adjoining pier used for loading and unloading, a dry dock, terminal, etc.  Also, protection has been extended to Outer Continental Shelf workers and U.S. government contractors working in foreign countries.

Types of Compensation Available Under the LHWCA

The LHWCA can cover your medical bills, and If an injury covered by the LHWCA results in a disability preventing you from working, you can receive a weekly disability payment to cover a portion of the wages you are missing.  The types of disabilities covered by the LHWCA  are permanent total disability, temporary total disability, permanent partial disability, temporary partial disability, non-scheduled permanent partial disability, and permanent partial disability for retirees.   Compensation can also be paid to the spouse of a worker who is killed on the job, and separate amounts are due if there are surviving children.

If your on-the-job injury was caused by someone other than your employer or a coworker, you can sue that person for your injuries, but the LHWCA could still apply. If you have been injured, you should consider speaking with an experienced maritime lawyer to determine your options.

Important Time Deadlines For LHWCA

The LHWCA contains important time limitations, so it is important that you consult with an attorney as soon as possible after you are injured. Notice of the injury must be given to the employer within 30 days. You risk waiving or losing important rights if you sign papers given to you by your employer or give statements about your injuries or what happened.

Contact Virginia Maritime Lawyer Richard Serpe

If you’ve been injured, you should consider contacting an experienced maritime attorney as soon as possible to protect your rights. After law school, Richard Serpe obtained his Masters Degree (LLM) in maritime law from Tulane University School of Law. He has obtained the highest ranking (Proctor) from the Maritime Law Association of the United States. If you’ve like to set up a free consultation to discuss your rights, contact us today at 877-544-5323.