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Longshore and
Harbor Worker Injuries

What is the LHWCA?

 

Longshoremen, Harbor Workers, Shipyard employees and other non-seaman marine workers are maritime employees and when they’re injured on the job or develop work related illnesses they are entitled to compensation under the Longshore Harbor Workers’ Compensation Act. Otherwise known as the LHWCA, the  Longshore Harbor Workers’ Compensation Act is a federal statutory compromise between employer and employee, where in exchange for the employer being released from their legal exposure to employees’ personal injury claims, employees receive compensation for an injury or illness even where there is no fault of the employer. 

 

What types of workers are covered under the LHWCA?

 

The Longshore Harbor Workers’ Compensation Act provides protection to maritime workers who are not covered under the Jones Act. In general, these maritime workers have a connection to either the loading/unloading of a vessel, or to ship building, repair or breaking. These maritime employees work in harbors, shipyards, terminals and drydocks; they work on piers, marine railways, oil rigs and offshore facilities. When these maritime workers are injured on navigable waters, or in areas or facilities located in close proximity to navigable waters they most likely qualify for compensation to pay for medical costs, recovery from injuries or illness, and lost wages.

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Some examples of workers that have been found to be covered by the LHWCA include:

 

  • Longshoremen

  • Haborworkers 

  • Ship Builders

  • Ship Repairmen

  • Ship Breakers

  • Welders

  • Cargo Checkers

  • Truck Drivers

  • Railway Workers 

  • Crane Operators

  • Lashers

  • Bargemen

  • Pumpmen

  • Offshore Maintenance Workers

  • Offshore Wind Workers

 

What if someone other than my employer caused or contributed to my injury?

 

The Longshore Harbor Workers’ Compensation Act allows negligence actions against third parties. Maritime workers due to the negligence of a third party may sue that third party for damages. Vessel owners and equipment manufacturers owe a range of duties to those maritime workers covered under the Longshore Harbor Workers Compensation Act. If these third parties played any part, no matter how small, in causing your injury or illness you may be able to bring suit for full tort damages.

If you or a loved one work in the maritime field were injured or have fallen ill it would be prudent to contact an experienced maritime injury. 

Call a maritime attorney at Leeward Law for a free consultation as you may be entitled to compensation and/or damages under the Longshore Harbor Workers’ Compensation Act.

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