The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal statute that provides workers’ compensation protection to employees in maritime positions who do not qualify as ‘seaman’ under the Jones Act. There are many misconceptions about the LHWCA.
At the Kolodny Law Firm, we are strong advocates for maritime worker safety. We want to make sure that longshoreman and harbor workers know their rights. Here, our Houston LHWCA attorneys dispel four of the most common myths about the Longshore and Harbor Workers’ Compensation Act.
Myth #1: The LHWCA is the Same as the Jones Act
False. As a starting point, it is important to clarify that the Longshore and Harbor Workers’ Compensation Act (LHWCA) and the Jones Act are two separate federal statutes. The LHWCA provides workers’ compensation coverage to longshoreman and other harbor workers who are working in and near navigable waters.
In contrast, the Jones Act applies to seamen. For the purposes of federal law, a seaman is a person who actually works aboard a vessel. The LHWCA and the Jones Act are distinct statutes. They apply to different workers and they have different legal standards.
Myth #2: Injured Longshore and Harbor Workers Must Prove Fault to Get Benefits
False. While Jones Act cases are based on fault, the LHWCA provides no-fault benefits to covered employees. In this way, it is similar to other state-based workers’ compensation insurance programs. An injured longshoreman or harbor worker can seek workers’ benefits through the LHWCA—medical coverage, wage loss, etc—without proving that their employer was negligent.
Myth #3: The LHWCA Only Applies to Workers in Full-Time Maritime Positions
False. This is a misconception for two reasons. To start, there is no requirement that a longshoreman or harbor worker must be employed in a full-time position to be covered by the LHWCA. The federal statute provides workers’ comp protections to eligible workers in part-positions. Additionally, the LHWCA can also apply to workers who are not full-time maritime employers. For example, an electrician contractor for a specific job repairing a vessel in a Texas harbor may be covered by the LHWCA even though he or she typically does not do maritime work.
Myth #4: Your LHWCA Claim Will Automatically Process After an Accident
False. Injured longshoreman and harbor workers must take proactive steps to initiate their claim. The LHWCA requires employees to notify their employer that they suffered an injury in the workplace. Notice should be given promptly—and always within 30 days of the accident. Beyond that, an injured worker must file an LHWCA workers’ comp claim within one year. Failure to file in a timely manner could result in a claim being dismissed outright.
Call Our Texas LHWCA Attorneys for Immediate Help
At the Kolodny Law Firm, our Texas maritime law attorneys have extensive experience handling LHWCA claims. If you have any questions about the Longshore and Harbor Workers’ Compensation Act, we are here to help.
Give us a call now or contact us online to arrange your 100 percent free appointment with a lawyer. We handle LHWCA claims in Houston and throughout Southeast Texas.
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Alan Kolodny is committed to representing injured clients in Texas and throughout the United States. Alan earned his B.A. from Rice University and his J.D. from Southern Methodist University.
He focuses his practice on representing plaintiffs in personal injury cases involving the following matters: maritime and offshore accidents, including those under the Jones Act; automobile and 18-wheeler truck accidents; and industrial site accidents, work-related accidents, and claims for injured railroad workers under the Federal Employers’ Liability Act.
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