Longshore and Harbor Workers' Comp Act and Eligibility
Maritime workers who are not qualified Jones Act seamen, may still be compensated for injuries or illness sustained at the workplace under the Longshore and Harbor Workers Compensation Act. While not all dock and harbor workers do what is considered “maritime work” and these people would be covered under normal Workers Compensation laws of each state. If a dockworker does perform maritime work, then they still have the right to compensation.
Occupations that are eligible for LHWCA include the following:
- Dock workers
- Port/Dock Crane Operators
- Workers who load and unload cargo from ships. (Stevedores)
- Ship builders and ship repairmen
Certain occupations never qualify for LHWCA compensation such as clerical workers who are covered by state workers compensation laws, federal government employees, and Seamen who qualify for the Jones Act.
General Benefits provided by the LHWCA include:
- Medical bills
- Payments for Disability
- Rehab bills
- Families of workers who have been killed may be entitled to wrongful death compensation.
Maritime laws are complicated and it can be difficult to determine which compensation, if any, should be awarded to an injured worker or a deceased worker’s family. Having an attorney that understands how these acts have evolved over time by having knowledge of previous rulings on other maritime cases as well as an understanding of all of the laws that determine which benefits a victim is eligible for is an invaluable recourse for victims and their families.
IF YOU OR A FAMILY MEMBER IS A MARITIME WORKER AND HAS BEEN INJURED ON THE JOB, CONTACT THE TEAM OF CARABIN SHAW AT 800-862-1260 DAY OR NIGHT, 7 DAYS A WEEK FOR YOUR FREE CONSULTATION.