What the Act Covers
The Longshore and Harbor Workers' Compensation Act (LHWCA) applies to employees working on U.S. harbors, docks, or in shipyards, covering injuries or illnesses that arise during the course of duty. Coverage includes medical care, wage replacement, and disability benefits. The Act is federal, so it supersedes state laws for maritime workers.
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Key Benefit Limits
Benefits are capped at the national average wage rate, which the Department of Labor reviews annually. For permanent total disability, the maximum weekly benefit is the higher of the national average wage or a worker's average weekly wage, but it cannot exceed the national average. Temporary total or partial disability benefits are based on the worker's average weekly wage, subject to the same cap.
Claim Filing Process
Workers must file a claim within 30 days of the injury. The claim form is available through the U.S. Department of Labor's Maritime and Transportation Safety website. Employers are responsible for submitting the claim to the maritime workers' compensation board. Once accepted, a medical provider is assigned to evaluate the injury and determine the degree of disability.
Dispute Resolution
If a worker disagrees with a denial or benefit calculation, they can file a petition for reconsideration with the Board within 30 days. If the decision remains unsatisfactory, a judicial review may be pursued in a federal court, though most disputes are resolved at the Board level.
Recent Legislative Changes
In 2023, the Department of Labor increased the national average wage rate used for benefit calculations by 4.5%. This adjustment raised the maximum weekly benefit for many workers. Additionally, a new regulation now allows workers to receive benefits for occupational diseases that develop after the injury date, provided a causal link can be established.
Employer Responsibilities
Employers must maintain proper workers' compensation insurance and report all injuries promptly. Failure to comply can result in penalties, loss of license to operate vessels, and civil liability for unpaid benefits.
Common Misconceptions
- Workers are not automatically covered if they work in a private dockyard; the Act applies only when the employer is a maritime operator or the worker is engaged in port activities.
- Benefits do not include loss of future earning capacity beyond the wage replacement cap; workers seeking additional damages must pursue a separate civil claim.
How to Verify Coverage
Workers should obtain a copy of the employer's maritime workers' compensation policy and confirm that it references the LHWCA. Contacting the U.S. Department of Labor's Maritime and Transportation Safety office can clarify coverage status.
Resources for Claimants
Key resources include the Department of Labor's website, local maritime workers' compensation boards, and legal aid societies specializing in maritime law. Many unions also provide representation and advocacy during the claim process.