Understanding the Longshore and Harbor Workers’ Compensation Act (LHWCA)
LHWCA
Understanding the Longshore and Harbor Workers’ Compensation Act (LHWCA)
The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a crucial federal law that safeguards maritime workers in the United States by providing essential compensation and medical benefits for injuries sustained while working on navigable waters. Enacted by Congress in 1927, the LHWCA covers a wide range of maritime professionals, including riverboat crew members, stevedores, and harbor employees.
Who is Covered by the LHWCA?
The LHWCA encompasses a diverse group of maritime workers, including:
Longshore Workers: Individuals responsible for loading and unloading cargo from ships.
Shipbuilders and Repairers: Workers involved in constructing or repairing vessels.
Marine Support Personnel: Teamsters, heavy equipment operators, and other onshore maritime workers fall under this category.
Expansions to the LHWCA
Over the years, the LHWCA has adapted to include various classes of employees. A significant development occurred in the landmark case Sun Ship v. Pennsylvania, 447 U.S. 715 (1980). The U.S. Supreme Court ruled that the LHWCA operates concurrently with other workers’ compensation programs. Therefore, if you are injured on land while performing maritime duties, you may be eligible for benefits under the LHWCA or other applicable laws.
Key Benefits of the LHWCA
Awareness of the benefits available under the LHWCA is essential for injured maritime workers. Expect the following:
Wage Loss Compensation: Eligible workers may receive two-thirds of their average weekly earnings during recovery, in addition to coverage for medical expenses related to their injuries.
Permanent Disability Awards: After recovery, injured workers can seek compensation for lost earning capacity, reflecting the disparity between their pre-injury wages and post-injury earning potential.
Vocational Rehabilitation: If injuries hinder a return to previous employment, the LHWCA offers benefits for job retraining and vocational rehabilitation.
Which Workers are Excluded from the LHWCA?
Certain groups are not covered by the LHWCA, including:
Intoxicated Workers: Those injured while under the influence of drugs or alcohol may be disqualified from receiving benefits.
Intentional Misconduct: Workers who sustain injuries due to their own wrongful actions, such as fighting, typically do not qualify for benefits.
Sailors and Deckhands: Individuals working on the high seas are governed by the Jones Act, which provides different protections.
Land-Based Workers: Employees eligible for state workers' compensation benefits may not qualify under the LHWCA.
Why Choose Montiel Hodge as Your Legal Partner?
If you’ve been injured while working on navigable waters, having an experienced maritime attorney is crucial. At Montiel Hodge, recognized as Louisiana’s premier longshore defense lawyers, our dedicated team is committed to helping you navigate the complexities of the LHWCA. We ensure you receive the benefits needed for your maritime injuries.
Contact Us for Expert Legal Assistance
Don’t navigate your injury claim alone. If you've been injured at sea, reach out to Montiel Hodge today for expert legal guidance and support. Let us help you secure the compensation required to focus on your recovery.