The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal law that provides financial and medical benefits to employees injured while working in maritime jobs or adjacent to navigable waters. Passed in 1927, it’s a lifeline for longshoremen, harbor construction workers, ship repairers, and other maritime employees who face big risks in their jobs. The LHWCA ensures that an injured worker receives the necessary support and benefits for their recovery and return to work.
In this blog, we’ll go over the Longshore and Harbor Workers’ Compensation Act (LHWCA), its purpose, eligibility, benefits, and administration, and why you need to work with an experienced Florida workers’ compensation attorney to get the benefits you deserve.
Enactment and Purpose
The Longshore and Harbor Workers’ Compensation Act (LHWCA) was passed in 1927 to address the special needs of maritime workers. This federal law was created to provide benefits to employees who are injured on navigable waters or adjoining areas. Before the LHWCA, maritime workers had no adequate protection under existing laws like the Jones Act, which was mainly for seamen. The LHWCA fills those gaps by providing a safety net for a wider range of maritime employees.
The purpose of the LHWCA is to make sure injured workers get compensation for their medical bills and lost wages due to work injuries. This law recognizes the dangers of maritime work and wants to promote safety while providing financial support to injured workers. By setting up a framework for compensation, the LHWCA prevents unnecessary litigation and provides a more efficient way to resolve work injury disputes.
Covered Workers
The Longshore and Harbor Workers’ Compensation Act (LHWCA) provides protection to a specific group of maritime employees. Knowing who is covered under this act is important for those working in maritime.
What Kinds of Workers Are Covered?
The Longshore and Harbor Workers’ Compensation Act covers a wide range of maritime workers. This includes:
- Longshore Workers: These are the ones who load and unload cargo from ships. Their work is done at docks, piers, and terminals and is the backbone of the shipping industry.
- Harbor Workers: This includes various roles such as those who maintain and repair ships and equipment. Harbor workers make sure vessels are safe and operational.
- Shipbuilders: Workers involved in building and repairing ships are also covered under the act. Their expertise is crucial for the maritime fleet. Injuries to shipbuilders can significantly impact their wage-earning capacity, as compensation is calculated based on the difference between their Average Weekly Wage (AWW) before the injury and their ability to earn after the injury.
Coverage Extensions
The Longshore and Harbor Workers’ Compensation Act (LHWCA) has evolved over the years to include more workers, so more people can get the protection and benefits they need. This expansion is because of the changing nature of maritime work and the need to adapt to new work scenarios. Unlike state workers’ compensation benefits, which cover various industries and offer coverage for medical expenses, disability benefits, and compensation for lost wages based on the employee’s average weekly wage, the LHWCA specifically addresses the unique needs of maritime workers.
Non-Appropriated Fund Employees
Another extension of the Longshore and Harbor Workers’ Compensation Act is the inclusion of non-appropriated fund employees. These employees who are employed by the federal government in various capacities are now covered under the act. This includes those working at military bases, for example, who perform tasks related to facility maintenance and operation. The inclusion of these employees shows the act’s commitment to protect all employees involved in maritime operations regardless of their funding source.
If disputes arise regarding benefit denials or other issues, non-appropriated fund employees have the option to attend a hearing before an administrative law judge, who has the authority to make binding determinations on their claims.
Defense Base Act
Another aspect of the LHWCA’s coverage extensions is the Defense Base Act (DBA). This act provides workers’ compensation to U.S. government contractors and their employees working overseas on military bases or in support of national defense. The DBA complements the LHWCA by making sure maritime employees working overseas get the same benefits and protection as those working on U.S. soil.
The DBA provisions are important because workers in foreign environments face unique challenges. They are often exposed to greater risks, so they need access to comprehensive compensation benefits. That’s why the LHWCA and DBA together create a more inclusive framework for all maritime workers regardless of their location or type of employment. Administrative law judges play a critical role in evaluating and approving claims under the DBA, ensuring that workers receive the benefits they are entitled to.
Benefits of the Longshore and Harbor Workers’ Compensation Act
The Longshore and Harbor Workers’ Compensation Act (LHWCA) provides benefits to injured maritime workers. Knowing these benefits is important for those who work in or around navigable waters. The act is to provide financial assistance and medical care to employees who get work-related injuries or illnesses.
Disability Benefits
Under the LHWCA, injured workers can get various compensation benefits. These are:
- Temporary Disability Benefits: These are for workers who cannot perform their jobs due to a work-related injury. The benefit is usually a percentage of the worker’s average weekly wage to help them cover living expenses while recovering. Workers who qualify for temporary total disability may receive financial compensation calculated as two-thirds of their average weekly wage prior to the accident, subject to minimum and maximum limits.
- Permanent Disability Benefits: If the injury results in permanent impairment, workers may be eligible for permanent disability benefits. This benefit is based on the severity of the disability and its impact on the worker’s earning capacity. Permanent partial disability benefits are designated for workers who have achieved medical permanency but are unable to return to their pre-injury job, with compensation structured based on the nature of the injury and the work capacity of the individual.
Medical Benefits
Medical treatment is one of the benefits under the Longshore and Harbor Workers’ Compensation Act. Injured workers are entitled to get necessary medical care for their injuries. This includes:
- Doctor Visits: Coverage for visits to medical professionals.
- Surgical Procedures: If surgery is needed, the cost is covered.
- Rehabilitation Services: Physical therapy and other rehabilitation services are included to facilitate recovery.
The insurance carrier is responsible for providing these medical benefits, ensuring that injured workers receive the necessary treatments and care.
Vocational Rehabilitation Services
The LHWCA also includes vocational rehabilitation services. These services help injured workers get back to work. They may include:
- Job Development: Programs to help workers find a job that matches their skills and abilities after an injury.
- Skills Testing: Assessments to determine the worker’s abilities and identify job opportunities.
Workers’ compensation programs under the LHWCA provide medical and financial benefits to injured maritime workers, supporting their return to work through wage loss compensation and vocational rehabilitation services.
Survivor and Wrongful Death Benefits
If a worker’s injury results in death, the LHWCA provides survivor benefits. These benefits are for the deceased worker’s family and cover:
- Funeral Expenses: Burial expenses of the worker.
- Death Benefits: Financial assistance to dependents to help them cope with loss of income.
The LHWCA protects maritime workers and their families by providing benefits and support during difficult times. Knowing these benefits will help ensure injured workers get the compensation they are entitled to.
Eligibility Tests
Knowing the eligibility criteria under the Longshore and Harbor Workers’ Compensation Act is important for maritime workers to get benefits. Two tests are key in determining if an employee is covered: the “status test” and the “situs test.”
Eligibility is also determined based on the worker’s average weekly wages, with qualifying workers potentially receiving benefits amounting to two-thirds of their average weekly wages from the year prior to the accident.
Status Test
The status test determines if the employee’s work is within the scope of maritime employment. To meet this test a worker must be engaged in longshore operations or related activities. This includes:
- Longshore workers loading and unloading cargo from ships.
- Shipbuilders building or repairing vessels.
- Harbor workers working at docks or terminals.
If a worker’s job is in these categories, they are more likely to be covered under the act. The status test also considers the worker’s wage-earning capacity, which is calculated based on the difference between their Average Weekly Wage (AWW) before the injury and their ability to earn after the injury.
Situs Test
The situs test looks at the location where the employee works. To be covered, the work must occur on or near navigable waters. This includes:
- Areas adjacent to navigable waters, such as docks, piers, and terminals.
- Facilities where goods are loaded or unloaded from vessels.
Workers who work in these locations meet the situs test. However, if their employment is primarily land-based and does not involve navigable waters, they may not be covered.
Consult With an Experienced Florida Workers’ Compensation Lawyer ASAP!
If you or a loved one has suffered a workplace injury while performing maritime duties, navigating the complexities of the Longshore and Harbor Workers’ Compensation Act (LHWCA) can be overwhelming. That’s where our experienced team at Work Injury Rights comes in. We specialize in advocating for injured workers, ensuring they understand their rights, access the benefits they deserve, and receive comprehensive support throughout the claims process.
Contact us at 954-388-8616 for a free case consultation today!
