Understanding the Longshore and Harbor Workers Compensation Act

Injured on a dock or at a shipyard? The Longshore and Harbor Workers Compensation Act (LHWCA) steps in to cover you. Below you’ll find what the act is, who it protects, the benefits it offers, how to file a claim, and the hurdles you might hit along the way.

What Is the Longshore and Harbor Workers Compensation Act?

The LHWCA is a federal workers‑comp law that applies to employees who work on or near navigable waters, including ports, harbors, and shipyards. It was created to give maritime laborers a safety net similar to state workers’ comp but under federal oversight. The act is administered by the U.S. Department of Labor’s Division of Longshore and Harbor Workers' Compensation.

Unlike the Jones Act, which protects seamen who spend most of their time at sea, the LHWCA covers those who stay on the shore , longshore workers, dockworkers, stevedores, and ship‑yard employees. Because it is a federal program, the rules stay the same across all states, which makes compliance easier for nationwide employers.

For a concise legal definition, see Wikipedia’s entry on the act. It outlines the statute’s scope and history in plain language.

And here’s a quick visual of a busy harbor that shows the kind of environment the act protects.

Key point: the act does not cover offshore oil rigs or workers who are classified as seamen; those fall under the Jones Act.

Who Is Covered Under the Act?

Any employee who performs work on a vessel or at a maritime facility that is on navigable waters is covered, provided the work is not classified as seaman work. This includes longshoremen, ship‑yard laborers, dockside mechanics, and even some waterfront office staff who are exposed to the same hazards.

According to the Congressional Research Service, the act defines coverage as any person employed in a "maritime or related occupation" where the work is performed on or near a navigable waterway, and the employee is not a seaman as defined by the Jones Act. [source]

The Great American Insurance Group clarifies that workers who spend at least 30% of their time on a vessel are considered seamen and are excluded from LHWCA benefits, even though they may work at a dock part‑time.[source]

In practice, a dockworker who lifts crates, operates a crane, or maintains pier infrastructure is covered. A crew member who lives on the ship and sails between ports is not.

Employers must keep records of each worker’s job duties to prove eligibility if a claim arises.

Key Benefits and Compensation Types

When a covered worker is injured, the LHWCA provides three main streams of compensation: medical benefits, wage replacement, and disability benefits. Medical care is paid in full by the employer until the injury is fully treated.

Wage replacement is based on the employee’s average weekly wage (AWW) at the time of injury. The act caps the maximum payable amount at twice the national average weekly wage (NAWW) for the fiscal year, and it guarantees a minimum of 50% of the NAWW or the worker’s actual AWW, whichever is higher. [source]

Permanent total disability (PTD) and death benefits are adjusted each fiscal year by the same percentage increase applied to the NAWW, but not more than five percent per year. This protects the value of long‑term awards from inflation.

Temporary partial disability (TPD) allows an injured worker to return to light duty while still receiving a portion of their wage replacement. The amount scales with the percentage of disability determined by a medical examiner.

One caveat: the act does not allow pain‑and‑suffering damages, unlike the Jones Act, which can award additional compensation for those losses.

How to File a Claim: Step‑by‑Step Process

Filing a claim under the LHWCA is a straight‑forward sequence, but timing matters. Follow these steps to protect your rights.

Step 1 , Notify Your Employer, Tell your employer about the injury as soon as possible. Most claims must be reported within 30 days, or you risk losing benefits.

Step 2 , Gather Documentation, Collect medical records, incident reports, and witness statements. The stronger your evidence, the smoother the claim.

Step 3 , Complete the Claim Form, Use the Department of Labor’s official claim form (Form LHWCA‑01). Fill it out accurately; errors can cause delays.

Step 4 , Submit the Claim, Send the completed form and supporting documents to the Division of Longshore and Harbor Workers' Compensation. Keep a copy for your records.

At this point you should have a filed claim and a case number to reference.

Step 5 , Follow Up, The agency will review your claim and may request additional info. Respond promptly to keep the process moving.

Step 6 , Receive a Decision, If approved, you’ll start receiving medical payments and wage replacement. If denied, you can appeal within 30 days.

For a detailed walk‑through, see How to File Longshore Harbor Act Claims Successfully. It breaks down each form field and offers template language you can copy.

Once you have benefits, keep track of all medical invoices and payment notices. That paperwork will be important if the claim later moves to an appeal.

Common Challenges and How to Overcome Them

Even with a clear process, claimants often hit snags that can delay or reduce benefits.

First, employers sometimes misclassify workers as independent contractors to dodge LHWCA coverage. If you suspect misclassification, request a written job description and compare it to the statutory definition. The Department of Labor can investigate improper classifications.

Second, medical documentation can be rejected for being “insufficient.” To avoid this, ask your treating physician to reference the exact injury location, the work activity that caused it, and the expected recovery timeline. A well‑detailed report satisfies the agency’s evidence standards.

Third, the appeals process can feel intimidating. The Office of Administrative Law Judges (OALJ) handles disputes, and its rulings are binding unless appealed to the Federal Circuit. A seasoned maritime attorney can help you craft a persuasive brief and gather expert testimony.

The blog AMEquity’s guide on OALJ hearings explains the procedural steps and what to expect during a hearing.

Bottom line: stay organized, keep copies of everything, and don’t hesitate to get legal help early.

FAQ

What types of injuries does the LHWCA cover?

The act covers any work‑related injury or illness that occurs on a vessel, dock, or other maritime facility covered by the statute. This includes fractures, sprains, hearing loss, repetitive‑motion disorders, and occupational diseases caused by exposure to hazardous materials.

Can a seaman file a claim under the LHWCA?

No. Seamen who spend at least 30% of their time on a vessel are covered by the Jones Act, not the LHWCA.

How long do I have to file a claim?

You must notify your employer within 30 days of the injury, and you must file the formal claim with the DOL within one year of the injury date. Missing these deadlines can bar you from benefits.

Will my claim affect my ability to sue my employer?

Under the LHWCA, the employer is the exclusive remedy for most claims, meaning you cannot sue for additional damages like pain‑and‑suffering unless you can prove willful misconduct.

Are benefits taxable?

Medical benefits are not taxable. Wage‑replacement benefits are generally taxable as ordinary income, so you should plan for tax withholdings.

Do I need a lawyer?

You are not required to have an attorney, but a lawyer who knows maritime law can help you handle classification issues, gather proper medical evidence, and handle appeals if the claim is denied.

Conclusion

If you work on a dock or at a shipyard, the Longshore and Harbor Workers Compensation Act is your safety net. Start by notifying your employer right away, gather solid evidence, and follow the step‑by‑step filing guide. Need more detail on filing or want a checklist? on maritime workers’ compensation for a deeper dive.

Ready to put this into practice? maritimeattorney.ai was built for exactly this.