The Longshore and Harbor Workers’ Compensation Act, known as the LHWCA, is a federal law designed to protect employees who work on or near the water in maritime occupations. Many of these jobs involve heavy machinery, unpredictable conditions and physically demanding duties, which means injuries are unfortunately common. The LHWCA was created to ensure that injured maritime workers receive medical care, wage support and other essential benefits when they cannot work due to a job-related injury.
This law fills a critical gap for employees who are not classified as crew members on a vessel but still work in environments connected to maritime commerce. These workers may not qualify for state workers’ compensation benefits, which is why the federal system is in place. Understanding how this law works and who it covers is important for anyone working near docks, ports, shipyards or industrial waterfront facilities.
Eligibility for the LHWCA depends on two key elements, known as the status test and the situs test. The status test evaluates what type of work the employee performs, while the situs test focuses on where the injury occurred. Both parts must be satisfied in order to qualify for benefits under the law.
Workers commonly covered by the LHWCA include those whose daily duties are tied to maritime activity. To better understand who may qualify, consider the following examples:
The situs test requires that the injury occur on or near navigable waters of the United States. This typically includes areas such as piers, wharves, docks, terminals and shipyards. In many cases, an injury that occurs just steps away from the water may still qualify if the work location is used for maritime operations.
Once an injured worker is determined to be covered, the LHWCA provides several important benefits. These benefits are designed to reduce the financial strain that often follows a workplace injury. The law ensures that workers have immediate access to medical treatment and income support while they recover.
The most significant benefits include the following:
Medical benefits often cover doctor visits, physical therapy, surgery, medication, travel expenses related to treatment and long-term care when necessary. The wage benefit typically provides two-thirds of the injured worker’s average earnings, subject to certain limits set by federal guidelines. These benefits can continue until the worker returns to suitable employment or reaches maximum medical improvement.
While the LHWCA covers many maritime workers, it does not apply to every individual who works near the water. Understanding these exclusions helps workers determine whether they should pursue a claim under federal law or under a different system, such as state workers’ compensation.
Some categories of workers are explicitly excluded, including the following:
It is also possible for workers who occasionally work near the water to be excluded if their primary duties do not involve maritime functions. Each case is evaluated individually, which is one reason why many workers seek legal guidance when filing a claim. A thorough review often reveals details about job duties or the injury location that determine whether the LHWCA applies.
California is home to some of the busiest ports in the country, including Los Angeles, Long Beach and Oakland. Workers in these regions often perform tasks directly tied to shipping, logistics and vessel maintenance. For these employees, understanding the LHWCA is essential because it frequently provides stronger and more comprehensive benefits than state workers’ compensation.
If your injury occurred while loading cargo, repairing a vessel or working on a dockside facility, you may qualify for federal benefits. These benefits can significantly ease the financial burden that comes with missing work due to an injury. For more information about how the LHWCA applies in these cases, visit our Longshore & Harbor Workers’ Compensation Act service page.
California maritime workers can strengthen their claims by taking simple but important steps after an injury:
These actions help preserve your rights and ensure that your benefits are processed efficiently. The LHWCA process can feel overwhelming at times, but taking organized steps early on makes a significant difference in the overall claim experience.
If you suffered an injury while working in a maritime setting, we are ready to help you understand your rights and pursue the benefits you deserve. You can contact us today to get answers, discuss your options and receive support throughout your claim.
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