Longshore and Harbor Workers’ Compensation Act (Longshore Act)
The Longshore and Harbor Workers’ Compensation Act (LHWCA) protects many workers on the waterfront who suffer injuries in maritime accidents. If you were injured while working near navigable waters or on a fixed platform, you may qualify for benefits under this federal law.
Call Cueria Law Injury Lawyers today for a free consultation with an experienced Louisiana maritime lawyer.
Protection for Injured Waterfront Workers
The Longshore Act allows injured maritime workers to file a claim against their employer for compensation. This law helps workers recover financially while they heal from serious injuries.
The Act divides injuries into two categories:
Scheduled Injuries
Scheduled injuries usually involve specific body parts and have a set payment schedule.
Common scheduled injuries include injuries to:
- Arms
- Legs
- Hands
- Feet
- Fingers
Non-Scheduled Injuries
Non-scheduled injuries often involve the back, neck, or shoulders. These injuries may qualify for greater compensation.
Workers with non-scheduled injuries may receive:
- Two-thirds of their average weekly wage
- Benefits until they return to work
- Lifetime benefits in severe cases
What Is the Longshore and Harbor Workers’ Compensation Act?
The Longshore and Harbor Workers’ Compensation Act provides compensation to maritime workers injured on the job. Congress created this law to protect waterfront employees who do not qualify as seamen under the Jones Act.
The law provides benefits such as:
- Medical treatment for work inuries
- Wage replacement during recovery
- Disability benefits for serious injuries
If an employee fails to follow these requirements, an injured worker should speak with an experienced maritime attorney.
Who Is Covered Under the Longshore Act?
Many waterfront workers qualify for protection under the Longshore Act. In general, workers involved in building, repairing, loading, or maintaining vessels may qualify.
Common jobs covered by the Longshore Act include:
- Winch operators
- Dock workers
- Forklift operators
- Warehouse workers
- Shipbuilders
- Ship repair workers
- Pile drivers
- Construction pier workers
If you work in one of these positions and suffered a longshore accident, you should speak with a maritime lawyer about your rights.
There are also many other waterfront workers covered by the Longshore Act. If you are unsure whether the law applies to you, contact Cueria Law Injury Lawyers as soon as possible. Filing deadlines apply to these claims.
Benefits Available Under the Longshore Act
The Longshore Act provides several types of benefits for injured workers.
These benefits may include:
- Medical care for your injury
- Two-thirds of your average weekly wages
- Disability payments
- Vocational rehabilitation services
Once you reach maximum medical improvement, you may also receive additional compensation based on your injury.
Injuries Covered Under the Longshore Act
The Longshore Act covers many workplace injuries and illnesses.
Examples include:
- Physical injuries from accidents
- Diseases caused by workplace exposure
- Injuries caused by unsafe working conditions
- Aggravation of pre-existing injuries
If your injury occurred while working on or near navigable waters, you may qualify for benefits under this federal law.
Third-Party Claims for Longshore Injuries
In some cases, another company or individual may have contributed to the accident. When this happens, you may have a third-party claim in addition to your Longshore Act claim.
A third party lawsuit may allow you to recover compensation for:
- Pain and suffering
- Full lost wages
- Medical expenses
- Future lost income
An experienced maritime lawyer can review your case and determine whether a third-party claim is available.
905(b) Claims for Shore-Based Maritime Injuries
Section 905(b) of the Longshore Act allows injured workers to file a lawsuit against a vessel owner under certain conditions.
You may qualify for a 905(B) claim if:
- Your employer owned the vessel where the accident occurred, and
- Your injury resulted from the employer’s negligence as the vessel owner.
For example, an employer may be liable if they required workers to sue unsafe equipment on a vessel.
These claims can be complex. Therefore, it is important to speak with a maritime injury lawyer before filing.
Additional Damages in 905(b) Claims
Unlike standard Longshore claims, 905(b) claims may allow injured workers to recover additional damages.
These damages may include:
- Full wage replacement
- Future lost income
- Lost benefits
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
In some cases, courts may also award punitive damages when negligence is particularly severe.
Filing Deadlines for Longshore Claims
Maritime injury claims have strict filing deadlines.
For examle:
- Longshore Act claims must typically be filed within one year of the injury
- 905(b) lawsuits must usually be filed within three years.
Because evidence can disappear quickly, it is best to speak with a lawyer as soon as possible after an accident.
Contact a Louisiana Maritime Injury Lawyers
If you were injured while working on the waterfront, the Longshore and Harbor Workers’ Compensation Act may provide important benefits.
At Cueria Law Injury Lawyers, our legal team helps injured maritime workers understand their rights and pursue compensation.
Contact us today for a free case review. The sooner you call, the sooner we can begin working on your longshore injury claim.
