Death Benefits Under the Longshore and Harbor Workers Compensation Act
When a maritime worker dies as a result of a job-related injury or illness, the Longshore and Harbor Workers Compensation Act (LHWCA) provides death benefits to certain surviving family members. These benefits are administered by the Department of Labor's Office of Workers' Compensation Programs and are intended to replace a portion of the financial support the worker would have provided. The LHWCA death benefit system is distinct from state workers' compensation death benefits and applies specifically to maritime and harbor workers covered by federal law.
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Understanding who qualifies, how much is payable, and how to file a claim can be complex. This guide covers the core elements of death benefits under the LHWCA, the eligibility rules, and the steps surviving dependents should take.
Who Qualifies for LHWCA Death Benefits
Death benefits are paid to surviving dependents of a maritime worker whose death arises out of and in the course of employment covered by the LHWCA. The statute defines dependents in a specific hierarchy:
- Spouse: A surviving spouse is entitled to benefits unless the marriage was void under the law or the spouse is living in adultery without condonation.
- Children: Minor children, and in some cases disabled adult children who were dependent on the worker, qualify. Adopted and legitimate children are generally included.
- Parent(s): If there is no surviving spouse or child, a dependent parent may receive benefits.
- Other dependents: In limited circumstances, other relatives who were wholly or partly dependent on the worker for support may qualify.
When multiple categories of dependents exist, the benefits are divided among them according to statutory rules. The Office of Workers' Compensation Programs determines the allocation based on evidence of dependency.
Benefit Amounts and Duration
Under the LHWCA, death benefits are calculated as a percentage of the worker's average weekly wage. As of the current statutory schedule, the basic benefit is 50 percent of the worker's average weekly wage, subject to a statutory maximum and minimum that is adjusted periodically. The following table summarizes the core benefit structure:
| Category | Benefit Percentage | Notes |
|---|---|---|
| Spouse | 50% of average weekly wage | Subject to statutory cap and floor; may be reduced if children also receive benefits |
| Children | Additional shares | Allocated among eligible children; combined with spouse's share cannot exceed 100% |
| Dependent Parent(s) | As determined | Applies when no spouse or child survives; subject to dependency proof |
Benefits for a surviving spouse generally continue until remarriage or for a statutory period. Children typically receive benefits until they reach the age of majority or become permanently disabled. The Office of Workers' Compensation Programs can provide the current dollar limits and adjustment schedules.
Covered Deaths and Exclusions
The LHWCA covers deaths that result from injuries or occupational diseases arising out of maritime employment covered by the Act. This includes deaths that occur soon after an injury as well as those resulting from occupational illness developed over time. However, the Act does not cover deaths caused by the worker's willful intent to injure themselves or others, deaths resulting from the worker's intoxication unless imposed surreptitiously, or deaths occurring when the worker was not acting within the scope of employment.
Filing a Death Claim Under the LHWCA
A claim for death benefits must be filed with the Department of Labor. The process generally involves the following steps:
- Gather evidence of the worker's death, such as a death certificate, and proof of the employment relationship and the causal connection to covered employment.
- Submit Form CA-20 (Claim for Death Compensation) to the appropriate district office of the Office of Workers' Compensation Programs.
- Provide documentation of dependency, including birth certificates, marriage certificates, and proof of financial reliance.
- Respond to any requests for additional information or investigation from the Office.
Claims are subject to time limits, so filing promptly is important. Legal counsel experienced in maritime workers' compensation can help surviving families navigate the process and ensure all required evidence is presented.
Interaction With State Death Benefits
In some cases, a death may also give rise to a claim under state workers' compensation or a state maritime death benefit statute, such as the Jones Act for seamen. The interplay between federal LHWCA benefits and state or other federal benefits depends on the specific circumstances of the employment and the applicable legal doctrines. Families should seek guidance to understand which benefits are available and how they may overlap or offset one another.
Why Early Legal Guidance Matters
The rules governing dependency, benefit allocation, and time limits under the LHWCA can be difficult to interpret without experience in maritime compensation law. A qualified attorney can help ensure that the claim is filed correctly, that all eligible dependents are identified, and that the benefit amount reflects the worker's actual earnings and dependency relationships.