Understanding the Longshore and Harbor Workers' Compensation Act

What the Act Covers

The Longshore and Harbor Workers' Compensation Act (LHWCA) provides federal workers' compensation to maritime employees who are injured or become ill while performing duties on navigable waters, adjoining areas, or in related maritime operations. It applies to longshoremen, harbor workers, ship repair crews, and many other occupations that are not covered by state workers' comp statutes.

Key Benefits Provided

Beneficiaries receive medical treatment, wage replacement, vocational rehabilitation, and, in some cases, death benefits. Wage replacement is typically two‑thirds of the employee's average weekly wage, up to a statutory maximum, and is paid for a limited duration based on the severity of the injury. Medical care is provided by approved providers, and the employer's insurance carrier covers the costs.

Eligibility and Covered Employers

Eligibility hinges on three factors: the employee must be a maritime worker, the injury must arise out of and in the course of employment, and the work must occur on or near a navigable waterway. Employers who are required to carry LHWCA insurance include private ship owners, terminal operators, and contractors who employ covered workers. The Act does not apply to seafarers on vessels governed by the Jones Act.

Filing a Claim

Workers should report the injury to their employer within 30 days and submit a claim form (Form CA‑2) to the U.S. Department of Labor's Office of Workers' Compensation Programs (OWCP). The OWCP reviews the claim, determines liability, and authorizes benefits. If a claim is denied, the worker can request a hearing before an Administrative Law Judge.

Differences from State Workers' Compensation

Unlike state systems, the LHWCA is administered federally, has a uniform benefits schedule, and covers a broader geographic scope that includes offshore and inland waterways. State workers' comp generally applies to land‑based occupations and follows state‑specific rules for benefit amounts and duration.

Common Issues and Remedies

Disputes often arise over the classification of the injury, the adequacy of medical treatment, or the calculation of wage replacement. Workers can appeal OWCP decisions, seek representation from an attorney experienced in maritime law, or file a petition for a review by the Federal Courts.

Timeline of a Typical Claim

Practical Tips for Workers

• Document the incident promptly – photos, witness statements, and medical records.
• Keep copies of all communications with your employer and the OWCP.
• Seek medical care from an OWCP‑approved provider to avoid reimbursement issues.
• Consider legal counsel if the claim is complex or denied.