Longshore and Harbor Workers Injuries

The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal law that provides workers’ compensation benefits to certain workers. The law specifically provides compensation to people who have been disabled while working in the navigable waters of the United States, or while loading, unloading, repairing or building vessels traveling on the navigable waters of the United States. The LHWCA provides benefits for occupational illness, as well as survivor benefits in the event of a wrongful death.

Employees covered under the LHWCA include individuals working in a maritime occupation, from longshore workers to harbor workers, such as repairers, shipbuilders and shipbreakers. The LHWCA may not be available if a worker is eligible for benefits under a state workers’ compensation program. The act also does not cover masters or members of the crew of a vessel, as well as officers or employees of the United States government or a foreign government.

Benefits under the LHWCA are administered by the Office of Workers’ Compensation Programs. As a general rule, covered employees are eligible to receive compensation equal to 2/3rds of their average weekly wage (subject to maximum and minimum rates) for as long as they are disabled and cannot return to work. In the event of death, the surviving spouse is entitled to 50% of the average weekly rate, with an additional 16 2/3rds % for each minor child. The LHWCA requires employers to pay all reasonable and related medical expenses, as well as the cost of vocational rehabilitation, if necessary.

As a covered worker under the LHWCA, you cannot be discharged or discriminated against because you filed a claim for benefits, or because you served as a witness in someone else’s claim for benefits. This does not apply, however, if it is determined that your claim was fraudulent.

Contact Uliase & Uliase

For an appointment with an experienced New Jersey federal worker injury lawyer, contact our office online or call us at (856) 310-9002. We are available to meet with you weekdays between 9 a.m. and 5 p.m. to schedule an appointment with our experienced federal employee injury lawyers. We are open weekdays between 9 a.m. and 5 p.m. We offer a free consultation for injured workers.