A dockworker gets hurt while unloading cargo on a pier. Is it a state workers’ compensation claim, or could federal law also apply? The answer depends on the work being performed and where the injury happened. In some cases, both systems may cover the same injury.
The Longshore and Harbor Workers’ Compensation Act, commonly called the LHWCA, provides medical and disability benefits to certain maritime employees. Whether it applies can affect where a claim must be filed, which benefits are available, and what deadlines the worker must meet.
Who Is Covered by the LHWCA?
The LHWCA generally covers workers in traditional maritime occupations, including longshore workers, shipbuilders, ship repairers, shipbreakers, and harbor construction workers. Coverage usually depends on two requirements: the type of work performed and where the injury occurred.
A worker must generally perform maritime duties and be injured on navigable waters or in an adjoining area used for maritime activity. Covered locations can include piers, wharves, docks, terminals, shipyards, and areas used to load, unload, build, or repair vessels.
However, not everyone who works near the water qualifies. Seamen who are members of a vessel’s crew are generally covered by other maritime laws. Certain office employees, marina workers, recreational-vessel workers, and other specifically excluded employees may also fall outside the LHWCA. Coverage depends on the worker’s actual duties and work location, not simply the worker’s job title.
What Benefits Are Available?
The LHWCA provides benefits without requiring an employee to prove that the employer caused the accident. Depending on the injury, benefits may include:
- Reasonable and necessary medical treatment
- Compensation for temporary or permanent, total or partial disability
- Vocational rehabilitation services
- Scheduled awards for permanent loss or impairment of certain body parts
- Death benefits for eligible survivors
Disability payments are generally based on the worker’s average weekly wage and how the injury affects the ability to earn income. Minimum and maximum compensation rates may also apply.
The U.S. Department of Labor oversees LHWCA claims, but benefits are ordinarily paid by the employer’s authorized insurance carrier or an approved self-insured employer.
What Should a Dockworker Do After an Injury?
A worker should report the injury promptly, even if it does not initially appear serious. Written notice generally must be provided within 30 days.
Notice to the employer and filing a federal claim are separate steps. Under the LHWCA, an injured worker generally must file a claim with the U.S. Department of Labor within one year after the injury or the last voluntary compensation payment, whichever is later. Certain occupational-disease claims generally have a two-year filing period, while special rules may apply to hearing-loss claims
Workers should also preserve medical records, photographs, witness information, accident reports, pay records, and communications with the employer or insurer. This evidence can help resolve disputes over coverage or the extent of the injury.
Can an Injured Worker Sue Someone Else?
The LHWCA generally makes workers’ compensation benefits the exclusive remedy against an employer that secured the required coverage. An employee ordinarily cannot bring a negligence lawsuit against that employer for the same injury.
A separate claim may still be available when someone other than the employer caused the accident. Depending on the facts, a responsible third party could be a vessel owner, equipment manufacturer, contractor, property owner, or vehicle operator. Vessel-negligence claims have specific requirements, and a third-party recovery can affect compensation benefits.
Get Help With an LHWCA Claim
LHWCA cases can involve disputes over maritime employment, covered locations, medical treatment, wages, and the extent of a worker’s disability. Failing to provide notice or file a claim on time can jeopardize the right to benefits, although limited exceptions may apply.
David E. James can review how and where the injury occurred, determine whether the LHWCA may apply, and help an injured dockworker pursue available federal benefits. Contact David E. James to discuss your claim and next steps.