What Happens If Your Longshore Workers’ Compensation Claim Is Denied in California?

Maritime workers in Long Beach rely on the protections provided by the Longshore and Harbor Workers’ Compensation Act, LHWCA, when they are injured on the job. However, not every claim is approved without dispute. Employers and their insurance carriers frequently challenge claims in an effort to limit financial exposure.

If your Longshore claim has been denied, it is important to understand that a denial is not the end of the process. The LHWCA provides injured harbor and maritime workers with a structured appeals system. With experienced legal representation, many denied claims can be successfully resolved.

The Law Office of Andrea R. Herman represents injured longshore and harbor workers throughout Long Beach and the surrounding Southern California port communities, assisting both with initial filings and appeals.

Why Are Longshore Claims Denied?

A denial does not necessarily mean that your injury is not legitimate. Instead, it often reflects a dispute raised by the employer or insurance carrier. Common reasons for denial include:

• Allegations that the injury did not occur during the course of employment
• Claims that the worker does not meet the LHWCA “status” or “situs” requirements
• Disputes over the severity of the injury
• Arguments that the medical condition is preexisting
• Failure to report the injury within required time limits

Insurance carriers frequently scrutinize maritime injury claims, particularly in high-traffic ports like Long Beach, where shipyard workers, dockworkers, cargo handlers, and repair crews face physically demanding conditions.

An experienced attorney can analyze the denial letter, identify the basis of the dispute, and develop a targeted legal response.

Understanding the LHWCA Appeals Process

The LHWCA has a distinct procedural framework that differs from California state workers’ compensation. When a claim is denied, the injured worker may pursue the following steps:

1. Informal Conference: A claims examiner with the U.S. Department of Labor may schedule an informal conference to attempt resolution between the worker and the employer or insurer.
2. Formal Hearing Before an Administrative Law Judge: If the dispute is not resolved informally, the case may proceed to a formal hearing. Evidence is presented, witnesses may testify, and legal arguments are made.
3. Appeal to the Benefits Review Board: If either party disagrees with the Administrative Law Judge’s decision, an appeal may be filed with the Benefits Review Board.
4. Federal Court Review: In certain circumstances, further appeal may proceed to the U.S. Court of Appeals.

This structured system is complex. Strict deadlines apply at every stage. Missing a deadline can jeopardize your ability to recover benefits.

What Benefits Could Be at Stake?

When a claim is denied, the financial consequences can be significant. The LHWCA provides compensation that may include:

• Payment of all reasonable and necessary medical treatment
• Temporary total disability benefits
• Temporary partial disability benefits
• Permanent disability compensation
• Vocational rehabilitation services
• Death benefits for surviving family members

Because maritime injuries often involve heavy equipment, cargo operations, or vessel repair, injuries can be severe and long-lasting. A denial may delay or interrupt essential medical care and wage replacement.

Protecting your right to these benefits requires a detailed understanding of federal maritime compensation law.

How the Law Office of Andrea R. Herman Helps Injured Longshore Workers

The Law Office of Andrea R. Herman represents injured maritime employees throughout Long Beach and surrounding port communities under the Longshore and Harbor Workers’ Compensation Act.

The firm assists clients at every stage of the claims process, including:

• Determining whether the worker meets LHWCA coverage requirements
• Filing initial claims accurately and on time
• Gathering medical documentation and employment records
• Communicating directly with insurance carriers
• Preparing clients for informal conferences
• Litigating cases before Administrative Law Judges
• Handling appeals to the Benefits Review Board

Because the LHWCA is a federal statute, it requires familiarity with federal administrative procedures, evidentiary rules, and maritime employment classifications. Many injured workers are unsure whether they qualify under the Act or whether they fall under California state workers’ compensation instead. Clarifying this distinction early is essential.

You can learn more about federal maritime injury coverage by reviewing the firm’s Longshore and Harbor Workers’ Compensation Act representation page.

The Importance of Acting Quickly After a Denial

Under the LHWCA, injured workers generally must:

• Provide notice of injury to their employer within 30 days
• File a formal claim within one year of the injury or last compensation payment

Appeals also have strict timelines. Delays can weaken a case, particularly if medical evidence becomes outdated or witnesses become unavailable.

In a port city like Long Beach, where maritime employers often have experienced legal teams and insurance representatives, early legal involvement helps level the playing field.

How Legal Representation Strengthens Your Appeal

Appealing a denied Longshore claim requires more than resubmitting paperwork. It may involve:

• Securing expert medical opinions
• Cross-examining employer-selected physicians
• Demonstrating that job duties meet federal maritime definitions
• Calculating average weekly wage accurately
• Presenting vocational evidence regarding work limitations

An attorney familiar with maritime injury law understands how to build a record that supports compensation at both the hearing and appellate levels.

Without representation, injured workers may face procedural obstacles, evidentiary challenges, and complex federal regulations that are difficult to manage alone.

Serving Long Beach’s Maritime Workforce

Long Beach is home to one of the busiest ports in the United States. Dockworkers, crane operators, ship repair crews, cargo handlers, and other harbor employees perform physically demanding work that carries substantial risk.

When injuries occur, federal protections exist for a reason. A denial should not prevent an injured worker from pursuing the compensation the law provides.

If your Longshore claim has been denied or delayed, experienced legal guidance can make a meaningful difference in the outcome of your case. For personalized assistance with filing or appealing a claim, contact the Law Office of Andrea R. Herman to schedule a consultation.

Protecting your rights under the Longshore and Harbor Workers’ Compensation Act begins with understanding the appeals process and taking decisive action within the required deadlines.