The maritime industry plays a vital role in Houston’s economy, but longshore and harbor workers face daily risks that can lead to serious injuries. Moving cargo, operating heavy machinery, and working in hazardous environments increase the likelihood of workplace accidents.
The Longshore & Harbor Workers’ Compensation Act (LHWCA) provides financial and medical benefits to eligible maritime employees when injuries occur. However, obtaining these benefits is not always simple, as employers and insurers may attempt to dispute or limit claims.
At Kolodny Law Firm, we understand the physical, emotional, and financial hardships injured longshoremen and harbor workers face. Our experienced longshore workers’ compensation lawyers help maritime employees navigate the LHWCA claims process, fight denied claims, and secure the full compensation they deserve.
WHAT IS THE LONGSHORE & HARBOR WORKERS’ COMPENSATION ACT?
The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal law that offers compensation for injuries suffered during work on navigable waters of the US or associated areas such as loading docks or boat construction sites. This compensation is meant to cover costs such as medical care and vocational rehab efforts.
It also provides compensation for survivors of aforementioned injuries that result in the unfortunate outcome of death. Furthermore, insofar as the LHWCA is concerned, the term “injury” covers occupational disease, hearing loss, and illness stemming from occupational hazards.
COMMON LONGSHORE AND HARBOR WORKER INJURIES
Maritime workers operate in high-risk environments where injuries can be severe and life-changing. Some of the most common injuries include:
- Spinal cord and back injuries. Lifting heavy cargo can cause serious spinal damage, herniated discs, and long-term mobility issues.
- Crush injuries. Workers can become trapped between cargo, machinery, or dock structures, leading to severe trauma.
- Head and brain injuries. Falling objects, slip-and-fall accidents, or collisions with heavy equipment can cause concussions and traumatic brain injuries (TBIs).
- Amputations and fractures. Machinery accidents and falls from heights often result in catastrophic injuries requiring long-term rehabilitation.
- Chemical exposure and respiratory illnesses. Exposure to hazardous chemicals and toxic fumes can cause lung damage, chronic illnesses, or occupational diseases.
If you have suffered an injury while working in a maritime setting, seeking medical attention and legal representation from a longshore worker injury lawyer can help protect your rights.
WHO IS COVERED UNDER THE LHWCA?
According to the Department of Labor, the LHWCA covers harbor construction workers, ship-breakers, ship-repairers, and longshore workers. The injuries must have occurred on navigable waters of the US or adjoining areas, such as docks, terminals, wharves and the like. Additional coverage, called extensions, for the LHWCA has been passed by Congress to include more than just traditional harbor workers:
- Defense Base Act,
- Work for private employers on U.S. military bases,
- Work on public work contracts with any U.S. government agency,
- Work on contracts approved and funded by the U.S. under the Foreign Assistance Act,
- Outer Continental Shelf Lands Act,
- Employees working on the Outer Continental Shelf of the United States in the exploration and development of natural resources,
- Non-Appropriated Fund Instrumentalities Act, and
- Civilian employees of non-appropriated fund instrumentalities of the Armed Forces.
A longshore attorney can evaluate your case to determine whether you qualify for LHWCA benefits.
WHO IS NOT COVERED UNDER THE LHWCA?
Part of what it means to be an experienced LHWCA attorney at Kolodny Law Firm is that not only do we have the experience to know what the Act covers, but we also know what it doesn’t cover:
- Seamen (masters or members of a crew of any vessel),
- Employees of the United States government or of any state or foreign government,
- Employees whose injuries were caused solely by their intoxication, and
- Employees whose injuries were due to their own willful intention to harm themselves or others.
Another noteworthy aspect of coverage for the LHWCA is that it does not cover those who are already covered by a state workers’ compensation law, which includes:
- Individuals exclusively performing clerical, security, administrative, or data processing work,
- Individuals of a marina not engaged in construction or expansion,
- Individuals employed by a club, camp, recreational operation, restaurant, museum, or retail outlet,
- Individuals employed by suppliers or vendors and those temporarily doing business on the premises of a maritime employer,
- Aquaculture workers, and
- Individuals building recreational vehicles under 65 ft. In length.
A knowledgeable longshore lawyer can help assess your eligibility for LHWCA benefits.
WHAT BENEFITS ARE AVAILABLE UNDER THE LHWCA?
Injured longshore and harbor workers may be entitled to various benefits under the LHWCA, including:
- Medical coverage. The law covers all necessary treatments related to the injury, including doctor visits, hospital stays, surgery, rehabilitation, and prescription medications. Workers also have the right to choose their physician rather than seeing a company-selected doctor.
- Temporary disability benefits. If an injury prevents a worker from performing job duties, temporary total disability (TTD) benefits provide 66 2/3% of the worker’s average weekly wage (AWW) until recovery. Workers returning to light-duty work at reduced wages may receive temporary partial disability (TPD) benefits.
- Permanent disability benefits. If an injury results in a permanent total disability (PTD) that prevents any future work, the LHWCA provides ongoing compensation. For permanent partial disability (PPD), payments depend on the severity of the impairment and the affected body part.
- Vocational rehabilitation. If a worker can no longer perform their previous job, the LHWCA offers retraining, education programs, and job placement assistance. Your specific circumstances will determine what you might be eligible for.
- Survivor benefits. If a maritime worker is fatally injured, their spouse and dependents may receive death benefits, including 50% of the worker’s average weekly wage for a surviving spouse and an additional 16 2/3% per dependent child, plus funeral and burial expenses.
Filing a claim correctly is critical to ensuring full compensation. A longshore workers’ compensation lawyer can guide you through the process and help fight denied or disputed claims.
JONES ACT VS. LHWCA
The Jones Act and the LHWCA are two entirely separate Acts that provide compensation for different categories of maritime workers. As mentioned above, masters or crew members are excluded from LHWCA coverage precisely because they are already covered under the Jones Act. It basically boils down to the worker’s connection to the vessel in question, assuming the injury occurred on such a place.
To be considered a seaman insofar as the Jones Act is concerned, the employee must be contributing to the function of the vessel or the accomplishment of whatever purpose the vessel has. Conversely, that same contribution is not required in order to be covered under the LHWCA.
IS LHWCA COVERAGE AUTOMATIC?
As long as the requirements are met, LHWCA coverage is automatic, however the compensation is not. The Office of Worker’s Compensation Programs is the overseeing body that governs the approval of claims, and besides that, employers can contest it as well.
That’s one of many reasons why you need an experienced maritime lawyer from Kolodny Law Firm. With years of LHWCA experience, we have the knowledge to guide you or your loved one to a just and fair compensation for the maritime personal injury that has been suffered. Call us today.
CHALLENGES IN LHWCA CLAIMS
Even though the LHWCA is designed to protect injured maritime workers, obtaining benefits is not always straightforward. Common challenges include:
- Employer disputes. Some employers argue that the worker’s job duties or injury location do not qualify under the LHWCA.
- Insurance company denials. Insurers may attempt to minimize claims by downplaying injuries or disputing the need for medical treatment.
- Delays in benefit payments. Some injured workers face long waits for compensation due to claim processing delays or administrative roadblocks.
- Disagreements over disability ratings. Insurers may contest the severity of a worker’s disability to reduce benefit payments.
A knowledgeable longshore lawyer can help overcome these challenges and ensure injured workers receive the benefits they deserve.
HOW KOLODNY LAW FIRM CAN HELP
At Kolodny Law Firm, we work to protect the rights of injured maritime workers. Our maritime attorneys provide skilled legal representation in LHWCA cases, assisting with:
- Filing claims properly and ensuring all paperwork is accurate and complete;
- Challenging denied claims and representing injured workers in appeals;
- Negotiating with insurers to secure maximum benefits; and
- Litigating cases in court when necessary to hold employers accountable.
With years of experience advocating for injured maritime workers, we fight aggressively to ensure our clients receive fair compensation.
SPEAK WITH A LONGSHORE LAWYER IN HOUSTON TODAY
If you or a loved one has been injured while working as a longshoreman or harbor worker, Kolodny Law Firm is here to help. Our experienced longshore attorneys have successfully handled LHWCA claims for injured workers throughout Houston.
Do not wait to protect your rights. Deadlines apply to LHWCA claims, and waiting too long could jeopardize your ability to recover compensation. Contact us today for a free consultation. Let us fight for you while you focus on recovery.
Resources
- USDOL OALJ LHWCA Benchbook, Topic 9, Compensation for Death, link.