Longshore and Harbor Workers' Compensation Act

The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal law that was enacted to provide for those employees injured while loading or unloading vessels, or those involved in the construction or repair of ships. Any worker who is injured on a pier, dry dock, wharf or shipping terminal may be compensated under the Act. Workers injured near these facilities may also be compensated if their normal occupation involves loading, unloading, building or repairing ships.

For purposes of the Act, the term “employee” means:

• Any longshoreman (or other person engaged in longshoring operations)
• Harbor-workers
• Ship repairmen
• Shipbuilders
• Ship-breakers

The term “employee” does NOT include:

• Individuals employed exclusively to perform office clerical, secretarial, security, or data processing work
• Individuals employed by a club, camp, recreational operation, restaurant, museum, or retail outlet
• Individuals employed by a marina and who are not engaged in construction, replacement, or expansion of such marina (except for routine maintenance)
• Individuals who (i) are employed by suppliers, transporters, or vendors, (ii) are temporarily doing business on the premises of an employer described in paragraph (4), and (iii) are not engaged in work normally performed by employees of that employer under this Act
• Aquaculture workers
• Individuals employed to build, repair, or dismantle any recreational vessel under sixty-five feet in length
• A master or member of a crew of any vessel
• Any person engaged by a master to load or unload or repair any small vessel under eighteen tons net

Administrated by the U.S. Department of Labor, the LHWCA provides medical care and income benefits to injured workers. If an injured longshoreman is unable to work because of his or her injury, then temporary disability benefits are paid monthly. The employee should receive 66 2/3 percent of his or her average weekly wage at the time of the injury. The Act also allows the injured employee the right to choose his or own treating doctor.

For more information on the Longshore Harbor Workers’ Compensation Act, contact the U.S. Department of Labor at 1-866-4-USA-DOL or by visiting their website at http://www.dol.gov.

If you have been hurt we understand that your medical bills are growing and that you need immediate financial help. You will need an aggressive attorney that knows how to vigorously pursue your rights in order to maximize your recovery. At the Ogletree Abbott Law Firm, we have the knowledge, experience and resources to help you. Call us today at 1-(800)- 779-4950. Or, if you prefer, email us at info@OgletreeAbbott.com or complete the online evaluation and we will contact you right away. Call today to let us help determine your F.E.L.A benefits.