The Longshore and Harbor Workers’ Compensation Act

The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal law that provides essential benefits to certain maritime workers who are injured or develop occupational illnesses while working on or near navigable waters of the United States. It covers longshoremen, harbor workers, shipbuilders, ship repairers, and other eligible maritime employees, offering protections that include medical care, disability compensation, and death benefits for surviving dependents. Administered by the U.S. Department of Labor, the LHWCA ensures that covered workers receive fair and timely compensation, even when state workers’ compensation laws do not apply.

Medical Benefits

Under the LHWCA, injured workers are entitled to all reasonable and necessary medical treatment related to their work injury or illness. This includes doctor visits, hospital care, surgery, medications, diagnostic tests, and rehabilitation services. Workers have the right to choose their own treating physician and are also entitled to travel expense reimbursement for medical appointments. Medical benefits continue for as long as the treatment is needed, with no arbitrary time limit.

Disability Benefits

The LHWCA provides wage replacement benefits when a work injury or illness results in partial or total disability. Benefits are calculated as a percentage of the worker’s average weekly wage and are available in four categories:

• Temporary Total Disability (TTD) – when you are completely unable to work during recovery.

• Temporary Partial Disability (TPD) – when you can work but with reduced earning capacity during recovery.

• Permanent Total Disability (PTD) – when you are unable to return to any form of gainful employment.

• Permanent Partial Disability (PPD) – when you sustain a lasting impairment but can still perform some work.

Death Benefits

If a work-related injury or illness results in death, the LHWCA provides death benefits to surviving dependents. This includes weekly compensation based on the worker’s average weekly wage and coverage of reasonable funeral expenses (up to the statutory limit). Eligible beneficiaries can include a surviving spouse, minor children, and other dependent family members.

Who is Covered Under the LHWCA?

Coverage applies to employees working on or near navigable waters in roles such as: Longshore workers, Harbor workers, Shipbuilders, Ship repairers and Shipbreakers.

It does not cover crew members of vessels (covered by the Jones Act) or government employees (covered under other systems).

LHWCA and the Defense Base Act

The Defense Base Act (DBA) is an extension of the LHWCA that applies the same benefits to civilian contractors working on U.S. government contracts outside the continental United States. This includes workers supporting military operations, embassies, and public works projects overseas.

Why Legal Representation Matters

LHWCA claims can be complex, involving strict deadlines, detailed medical evidence, and employer or insurance carrier challenges. An experienced attorney can help you navigate the claims process, protect your rights, and secure the maximum benefits available under the law.