Longshoremen and harbor workers perform some of the most physically demanding and dangerous work in the country. From loading and unloading cargo to operating heavy machinery on the docks, their job puts them at high risk for injuries. But when accidents happen, many longshore workers aren’t sure which workers’ compensation laws protect them. Do they fall under state workers’ comp programs? Or is there a special law just for maritime workers?
That’s where the Longshore and Harbor Workers’ Compensation Act (LHWCA) comes in. This federal law was created specifically to protect maritime employees who work on or near navigable waters but don’t qualify as seamen. If you’re a longshoreman, dockworker, shipbuilder, or harbor construction worker, you may be entitled to federal benefits under the LHWCA if you're injured while working.
These benefits include coverage for medical expenses, partial wage replacement while you're unable to work, vocational rehabilitation if you need to change careers, and compensation for any permanent impairments caused by the injury. The law ensures that longshoremen are not left without support simply because their job doesn’t fall neatly under state compensation laws.
The LHWCA uses two primary criteria to determine whether someone is covered: the status of the worker and the location where the injury took place. If you meet both tests, there’s a strong chance you qualify for federal workers’ compensation benefits.
Status Test: This test looks at what type of work you perform. You must be engaged in "maritime employment," which includes loading and unloading ships, repairing vessels, building ships, maintaining port facilities, and operating equipment used on the docks or shipyards. Even workers involved in construction on piers and terminals may qualify.
Situs Test: This test focuses on where the injury occurred. To be covered under the LHWCA, the incident must take place on, over, or adjacent to navigable waters. That includes docks, piers, wharves, terminals, and shipyards. The key is that the location has a direct connection to maritime activity and isn't just part of a general business area.
It’s also important to note who isn’t covered. Office clerks, marina employees, recreational vessel repairers, and some small boat builders may not be eligible unless their work is directly tied to maritime operations. However, coverage exceptions can be complex, and legal guidance is often necessary to make a final determination.
At the Law Office of Andrea R. Herman, we regularly help longshoremen figure out whether they qualify for LHWCA benefits. We understand how frustrating it can be when you’re hurt and unsure about your rights.
Many longshore workers are surprised to learn that the traditional state workers’ compensation system doesn’t always apply to them. While each state has its own set of workers’ comp laws, those rules usually don’t offer protection for workers whose jobs are directly tied to maritime commerce. That’s where federal law steps in.
The LHWCA operates independently of any state compensation program. If you qualify under federal law, your claim will proceed through the U.S. Department of Labor rather than your state’s workers’ comp board. This federal system tends to offer broader protections in some areas. For example, it allows you to choose your own treating physician, and in many cases, it provides higher benefit payments than state systems.
One major advantage is that LHWCA benefits are not taxed, which means more money in your pocket during your recovery. Additionally, the law offers permanent partial disability compensation even if you’re able to return to light-duty work—something many state systems don’t provide as generously.
However, understanding which system applies to your injury can be confusing, especially if your job includes duties that cross over between land and sea. In some rare cases, a worker might qualify for both federal and state benefits. This is known as concurrent jurisdiction, and pursuing both types of claims requires careful legal planning to avoid potential issues or benefit conflicts.
If you’ve been injured on the job, timing is everything. The LHWCA requires injured workers to notify their employer of the injury within 30 days of the accident. Failing to report it on time could significantly affect your right to compensation. It’s always best to report the injury immediately, even if it seems minor at first—some conditions worsen over time or don’t show symptoms right away.
After reporting the injury, your next step is to get medical treatment. Under the LHWCA, you have the right to choose your own physician. You don’t have to rely on a doctor picked by your employer or their insurance company. Be sure to inform your employer of your chosen physician so that your treatment remains authorized.
Keep detailed records of your injury, medical visits, work absences, and any communication with your employer or the insurance carrier. This documentation can make or break your claim. You’ll also want to ensure you meet the one-year statute of limitations for filing a formal claim with the U.S. Department of Labor, starting from the date of injury or last payment of compensation.
Lastly, working with an attorney who focuses on maritime law can significantly increase your chances of receiving full benefits. Our longshore injury attorneys at the Law Office of Andrea R. Herman know how to build a strong claim and fight against delays or unfair denials. We’re here to help you understand your rights and protect your financial future while you recover.
If you believe you may qualify for benefits under the Longshore and Harbor Workers’ Compensation Act, we encourage you to contact us today for a consultation. We’ll review your case, answer your questions, and help you take the right steps to secure the compensation you deserve.
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