Arnold & Itkin LLP - Jones Act, maritime injury, admiralty lawyers.

Contact Arnold & Itkin LLP - Jones Act & maritime injury lawyers.

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Longshore & Harbor Workers' Compensation Act (LHWCA)

The Longshore and Harbor Workers' Compensation Act provides certain workers' compensation benefits for maritime workers who are not seamen.

The Longshore and Harbor Workers' Compensation Act (LHWCA) provides occupational injury and disease benefits to maritime workers in certain cases where the Jones Act and state workers' compensation do not.  The Jones Act only covers seamen, and state workers' compensation schemes do not cover workers on navigable waters.  The Longshore and Harbor Workers' Compensation Act fills this gap by providing benefits for maritime workers who are not seamen as required by the Jones Act, but who are injured on navigable waters or adjoining areas in the United States.  'Adjoining areas' are those that are used in loading, unloading, repairing, or building a vessel, including docks, piers, terminals, and dry dock facilities.

The Longshore and Harbor Workers' Compensation Act bears some similarity to state workers' compensation schemes as it does not require that a worker's employer be found at fault for the worker's injury.

Worker's compensation benefits provided by Longshore and Harbor Workers' Compensation Act include:

    • Medical and disability payments
    • Rehabilitation services
    • Wrongful death benefits for survivors of maritime workers
      who die from work related injuries
    • Medical benefits for occupational diseases that arise
      naturally out of maritime employment

     

Time is of the essence.It is important to realize that time is of the essence when initiating a claim for benefits under the Longshore and Harbor Workers' Compensation Act.  An injured employee must notify their employer of the injury within 30 days of its occurrence, and a formal claim for benefits must be filed within one year following the date of the injury.

 

You can read the entire text of the Longshore and Harbor Workers' Compensation Act in our LHWCA Reference pages.

 

To consult with an experienced Jones Act and maritime injury attorney in a free initial consultation, call toll free
(866) 222-2606 or contact us using the form on this page.

 

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