Benefits Under the Longshore and Harbor Workers’ Compensation Act

The Longshore and Harbor Workers’ Compensation Act (“LHWCA”) is a federal law that provides benefits for certain types of maritime employees and civilian employees working on military bases abroad. Maritime employees refer to longshoremen, harbor workers, and other individuals who work on shipping terminals, shipyards, and boat docks. The Defense Base Act covers civilian employees on overseas military bases.

Under the law, the LHWCA provides benefits such as compensation, medical care, and vocational rehabilitation services to those qualifying workers who suffer on-the-job injuries that occur on navigable waters in the U.S. The Act further covers those who suffer injuries in adjoining areas that are typically used in the building, repairing, unloading or loading of vessels. Additionally, the LHWCA permits survivor benefit claims to dependents if the injury contributes to or causes the employee’s death. In most cases, the self-insured employer or private insurer pays these benefits.

Congress expanded the LHWCA to other forms of employment. Those covered by the LHWCA extensions may secure similar benefits through the same process. The extensions include the Defense Base Act (“DBA”), the Outer Continental Shelf Lands Act (“OCSLA”), and the Non-Appropriated Fund Instrumentalities Act (“NAFIA”).

The LHWCA maintains specific exclusions to individuals such as:

• Seamen
• U.S. government or any foreign government employees;
• Those whose injuries stemmed solely from their intoxication; and
• Those whose injuries stemmed from their willful intention to harm themselves or others.

Further, the Act also excludes individuals to whom state workers’ compensation benefits apply. The exclusions apply to:

• Employees whose duties exclusively include performing office, clerical, secretarial, security or other data processing tasks;
• Employees who work at a retail store, museum, restaurant, recreational operation, camp, or club;
• Marina employees who are not engaged in construction replacement, or expansion work;
• Employees who work for suppliers, transporters, or vendors, are temporarily doing business on a maritime employer’s premises, and are not engaged in duties normally by employees of a covered employer;
• Aquaculture employees;
• Employees employer to construct any recreational vehicle under sixty-five feet, or to repair a recreational vessel, or dismantle any portion of a recreational vessel; and
• Small vessel employees who have a certification of exemption from the Secretary of Labor.

The monetary compensation available under the LHWCA includes benefits for:

• Temporary total disability
• Temporary partial disability
• Permanent total disability, and
• Permanent partial disability

The act allows injured employees to secure payment for their necessary medical treatment, mileage and reasonable transportation expenses for their travel between medical appointments.

Those who cannot recover benefits under the LHWCA should consult with an attorney to determine whether a third-party lawsuit is a viable option. A third-party lawsuit may allow injured workers to recover damages typically unavailable in an LHWCA claim.

Florida Longshore and Harbor Workers’ Compensation Benefit Lawyers

If you have suffered injuries and need to make an LHWCA claim, contact one of our Florida longshore worker injury attorneys at Friedman Rodman & Frank. Our attorneys can evaluate your claim and help you make an informed decision about the best way to recover compensation for your injuries. In addition to LHWCA claims, our firm handles Defense Base Act and Jones Act claims on behalf of injured workers. Contact our office at 877-448-8585 to schedule a free initial consultation with an attorney on our legal team.