PROTECTING LONGSHOREMEN, HARBOR WORKERS & SHIPBUILDERS

Louisiana LHWCA Lawyers: Securing Your Federal Benefits

If you are a maritime worker injured on a dock, terminal, or shipyard, the LHWCA provides critical federal benefits. Our experienced longshoreman attorneys are dedicated to guiding you through the claims process and ensuring you receive the full compensation you are owed.

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Understanding the Longshore and Harbor Workers’ Compensation Act

The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal law that provides medical benefits, disability compensation, and vocational rehabilitation services to maritime workers who are injured on the job but are not covered as “seamen” under the Jones Act. This crucial law acts as a federal workers’ compensation system for those working in some of the most demanding maritime occupations, including longshoremen, shipbuilders, and harbor construction workers.

As a key component of our comprehensive maritime and admiralty law practice, the attorneys at LKSA Law Firm have a thorough understanding of the LHWCA and its related extensions. We are committed to guiding injured workers through the often-confusing claims process, ensuring you meet all deadlines and receive the full benefits you are entitled to under the law. We are your dedicated advocates when you need them most.

Are You Covered by the LHWCA? The “Situs” and “Status” Tests

To be eligible for LHWCA benefits, an injured worker must meet both a “situs” (location) test and a “status” (job duty) test. Our attorneys are highly experienced in evaluating these criteria to determine your eligibility.

  • The Situs Test (Location of Injury): Your injury must have occurred on, near, or adjacent to navigable waters. This includes docks, piers, wharves, terminals, shipyards, or any area customarily used by an employer in loading, unloading, repairing, or building a vessel.
  • The Status Test (Type of Work): Your job duties must be maritime in nature. The LHWCA covers a wide range of employees, including:
  • Longshoremen and other workers involved in loading and unloading vessels.
  • Ship-repairers and shipbuilders.
  • Ship-breakers and harbor construction workers.
  • Certain workers on offshore platforms on the Outer Continental Shelf (covered under the OCSLA, an extension of the LHWCA).

It’s important to note that the LHWCA specifically excludes certain individuals, such as seamen (who are covered by the Jones Act) and office or clerical employees. If you are unsure about your coverage, a Louisiana LHWCA lawyer can provide a clear assessment.

LHWCA Benefits: Medical Care, Disability, and More

The LHWCA provides a structured set of benefits designed to support injured workers during their recovery. Unlike a negligence-based claim, these benefits are provided regardless of who was at fault for the accident. Our goal is to ensure you receive the full and fair benefits you are entitled to, which can include:

  • Medical Care: Full coverage for all reasonable and necessary medical treatment related to your work injury, provided by a doctor of your choice.
  • Disability Compensation: Payments to compensate for lost wages while you are unable to work. These benefits are categorized based on the severity and duration of your disability:
  • Temporary Total Disability (TTD): For when you are completely unable to work for a limited period.
  • Temporary Partial Disability (TPD): For when you can perform some light-duty work while recovering.
  • Permanent Total Disability (PTD): For when your injury permanently prevents you from returning to any gainful employment.
  • Permanent Partial Disability (PPD): For when you have a permanent impairment to a specific body part but can still work in some capacity.
  • Vocational Rehabilitation: Services to help you return to work, including job training, counseling, and placement assistance if you cannot return to your previous job.
  • Death Benefits: Compensation for surviving family members in the tragic event of a fatal work accident.

An experienced LHWCA lawyer can help ensure your benefits are calculated correctly and that your rights are protected throughout the process.

What to Do After a Work Injury: Protecting Your LHWCA Claim

The steps you take immediately after an injury can significantly impact your ability to receive benefits. To protect your rights, you should:

  • Seek Immediate Medical Attention: Your health is the top priority. Clearly tell your doctor how the injury occurred and that it happened at work.
  • Report Your Injury to Your Employer: You must notify your employer of your injury in writing within 30 days. Failure to do so can jeopardize your claim.
  • File a Formal Claim: You must file a formal claim for compensation (Form LS-203) with the U.S. Department of Labor within one year of the injury.
  • Consult with an LHWCA Attorney: Before making recorded statements or accepting a settlement from your employer’s insurance carrier, it is wise to consult with an attorney. We can ensure your rights are protected and that you are not pressured into an unfair agreement.

Navigating these deadlines and procedures can be challenging. Our firm is here to guide you every step of the way.

What if a Third Party Caused My Injury?

While the LHWCA provides benefits from your employer regardless of fault, you may have an additional legal claim if your injury was caused by the negligence of a third party. A “third party” is anyone other than your employer or a co-worker. Examples include:

  • The manufacturer of defective equipment.
  • A different contractor working at the same site.
  • A vessel owner (if you are not their direct employee).

Filing a third-party negligence lawsuit can allow you to recover additional compensation for damages not covered by LHWCA, such as pain and suffering. An experienced longshoreman attorney can evaluate your case to determine if a third-party claim is possible and help you pursue all available avenues for compensation.

Choose LKSA: A Legacy of Experience in Complex Maritime Claims

Navigating an LHWCA claim requires legal counsel with a deep understanding of both federal administrative law and the maritime industry. At LKSA Law Firm, our attorneys are not just experienced; they are recognized leaders in the field.

Longshoreman attorney
  • Over a Century of Combined Maritime Experience: With more than 130 years of combined experience, our attorneys bring a depth of knowledge to every LHWCA case. This history means we understand the complex interplay between LHWCA, the Jones Act, and potential third-party claims.
  • Leadership in the Maritime Legal Community: Our attorneys have been consistently chosen by their peers for leadership roles. This includes serving as Chair of the Admiralty Law Section of the American Association for Justice (AAJ), the nation’s largest trial bar. This demonstrates a trusted, national reputation in maritime law.
  • A Proven Record of Results in Complex Injury Cases: Our experience translates into meaningful results for injured workers. In a case involving a wharf accident that caused a traumatic brain injury, our firm secured a settlement in excess of $6,600,000. We have the resources and resolve to fight for the maximum value of your claim.
  • A “Lawyers’ Lawyers” Reputation: We are the firm that other attorneys across the country trust with their most complex maritime injury referrals. They know our reputation for meticulous preparation and our readiness to take a case to a formal hearing or trial if a fair offer is not made.

LHWCA FAQs: Your Questions Answered by Our Attorneys

Many injured maritime workers have questions about their rights and the LHWCA claims process. Here are some common inquiries answered by our Louisiana LHWCA lawyer team:

The primary difference is who is covered. The Jones Act covers “seamen” who are members of a vessel’s crew, allowing them to sue their employers for negligence. The LHWCA covers specific land-based maritime workers (like longshoremen and ship-repairers) who are injured on or near the water, providing a no-fault workers’ compensation system. An attorney can help determine which law applies to your specific situation.

Yes, under the LHWCA, you have the right to choose your own treating physician. While your employer may ask you to see a doctor of their choosing for an evaluation, you are not required to receive ongoing treatment from them. Choosing your own doctor is a critical right that ensures you receive unbiased medical care.

If your claim is denied by your employer or their insurance carrier, you have the right to challenge that denial. The case may be referred to the Office of Administrative Law Judges (OALJ) for a formal hearing. Having an experienced LHWCA lawyer represent you during this process is highly recommended to protect your interests.

For temporary or permanent total disability, benefits are typically calculated as two-thirds (66.6%) of your Average Weekly Wage (AWW) at the time of your injury, subject to federal minimum and maximum limits. Permanent partial disability benefits for specific body parts are calculated based on a schedule outlined in the Act.

You should not sign any settlement agreements, releases, or other legal documents from an insurance company without first consulting with a knowledgeable longshoreman attorney. Signing documents without legal advice could waive your rights to future benefits or compensation.

Have More LHWCA Questions? Contact Us.

Injured at the Port or Shipyard? Protect Your LHWCA Rights.

An injury at a shipyard, port, or terminal can be a life-altering event. The LHWCA was created to protect you, but navigating the claims process can be difficult. Contact Lewis, Kullman, Sterbcow & Abramson, LLC today for a free, confidential consultation. Our Louisiana LHWCA lawyer team is ready to provide the compassionate guidance and dedicated advocacy you need to secure the benefits you deserve.

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