Longshore and Harbor Worker's Compensation Act, LWHCA

Enacted by congress, the Longshore and Harbor Workers' Compensation Act, or LHWCA, provides workers' compensation to specified employees of private maritime employers. Congress enacted the LHWCA because, unlike injuries on land, most injuries at sea or on the water aren?t covered by state workers? compensation laws, unless the injury occurs within the territorial waters of a state. The Longshore and Harbor Workers' Compensation Act is administered by the Office of Workers' Compensation Programs.
Who is Covered by the Longshore and Harbor Workers' Compensation Act?

Any worker who is injured on a pier, dry dock, wharf or shipping terminal may be compensated under the Longshore and Harbor Workers' Compensation Act. Workers injured near these facilities may also be compensated if their normal occupation involves loading, unloading, building or repairing ships. In fact, any worker who is injured on a pier, dry dock, wharf, shipping terminal, or workers simply injured near one of these may also be compensated under the Longshore and Harbor Workers' Compensation Act. Occupations covered by the LHWCA include:

* Harbor-workers
* Ship repairmen
* Shipbuilders
* Ship-breaker
* Dock worker
* Stevedore

Longshore and Harbor Workers' Compensation Act Provides Additional Benefits

The LHWCA, as well as the Jones Act and general maritime law often provide more benefits than similar state workers' compensation laws. Admiralty and Maritime cases can be extremely complicated. If you or a loved one has suffered an injury, contact one or our maritime lawyers to be certain your rights are protected.
Longshore and Harbor Workers' Compensation Act Statute of Limitations
The effective "statute of limitations" for filing a LHWCA claim is one year. This deadline is very important. If you file for compensation too late, you could lose the ability to recover damages. Contact our lawyers as soon as possible to protect your rights.
Are You Entitled to Compensation in a Maritime Injury Case?

You're entitled to recover under Maritime law if an "unseaworthy condition" on the vessel was the cause of your injury. The vessel, its equipment and crew should be reasonably fit for their intended use. If they don't meet this criteria, then they are considered unseaworthy.
Conditions Causing a Vessel to be Unseaworthy

* Defective equipment
* Under-trained or improperly trained crew
* Inadequate crew
* General unsafe conditions
* Negligence in Maritime Injury Cases

Negligence in a Maritime Injury Case

You are also entitled to recover in a Maritime injury case if negligence by your employer resulted in your injury. Even "slight negligence" is reason to recover damages under the Jones Act. Examples of negligence in a Maritime injury case:

* Improper or inadequate safety gear or equipment
* Failure to require use of safety gear
* Failure to follow safety guidelines
* Delay or failure in providing medical treatment for an injury

Compensation in a Maritime Injury Case

If you suffered an injury while in service of a vessel, you're entitled to "maintenance, cure and unearned wages", regardless of who caused the injury. There is no need to show negligence in order to receive "maintenance, cure and unearned wages".

Under the Jones Act and general maritime law, if negligence or an unseaworthy condition contributed to your injury, you are entitled to past and future last wages. If you become disabled and can't return to work at sea, you're entitled to past and future loss of earning capacity caused by the injury. A seaman may also collect general damages for items such as pain and suffering, disfigurement, disability and loss of enjoyment of life, under both general maritime law and the Jones Act.
If You are Injured at Sea

If you are injured at sea, you should report your injury to the vessel's captain immediately. Seek medical attention for your injuries from a qualified medical doctor. Be sure to get contact information from any witnesses to the accident. If possible, identify and document, including photographing, any unsafe condition which may have contributed to your injury. Contact a maritime lawyer as soon as possible. The maritime lawyers at the Rasansky Law Firm will consult with you, at no charge, to help you determine your best course of action. You pay nothing unless we win your case.