The Longshore and Harbor Workers’ Compensation Act

The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal statute that provides vital benefits to maritime workers who suffer injuries or occupational illnesses while working on or near the navigable waters of the United States. Covered employees include longshoremen, harbor workers, shipbuilders, ship repairers, and shipbreakers. Administered by the U.S. Department of Labor, the LHWCA ensures fair and timely compensation when state workers’ compensation laws do not apply.

Medical Benefits

Injured workers are entitled to all reasonable and necessary medical treatment related to their work injury or illness, including:

• Physician care
• Hospitalization and surgery
• Prescription medications
• Diagnostic testing
• Rehabilitation services

Workers may select their own treating physician and are entitled to reimbursement for travel expenses related to medical care. These benefits continue as long as treatment remains necessary, without arbitrary time limits.

Disability Benefits

The LHWCA provides wage replacement benefits based on the worker’s average weekly wage. Benefits fall into four categories:

• Temporary Total Disability (TTD) – Complete inability to work during recovery.
• Temporary Partial Disability (TPD) – Ability to work with reduced earning capacity.
• Permanent Total Disability (PTD) – Inability to return to any gainful employment.
• Permanent Partial Disability (PPD) – Lasting impairment with residual work capacity.

Death Benefits

If a work-related injury or illness results in death, the LHWCA provides:

• Weekly compensation to surviving dependents
• Coverage of reasonable funeral expenses (up to the statutory limit)

Eligible beneficiaries include surviving spouses, minor children, and other dependent family members.

Who is Covered?

Coverage applies to employees working on or near navigable waters in roles such as:

• Longshore workers
• Harbor workers
• Shipbuilders
• Ship repairers
• Shipbreakers

Exclusions: Crew members of vessels (covered under the Jones Act) and government employees (covered under separate systems).

LHWCA and the Defense Base Act

The Defense Base Act (DBA) extends LHWCA protections to civilian contractors working abroad under U.S. government contracts. This includes personnel supporting military operations, embassies, and public works projects outside the continental United States.

Why Legal Representation Matters

LHWCA claims involve strict deadlines, complex medical documentation, and frequent challenges from employers and insurance carriers. Experienced legal counsel can:

• Navigate the claims process
•  Protect your rights
•  Maximize available benefits

Barnett, Lerner, Karsen, Frankel & Castro, P.A. has extensive experience in LHWCA and DBA claims and is committed to securing justice for injured maritime workers.