Are You Eligible for Benefits Under The Longshore and Harbor Workers’ Compensation Act?

A career in the maritime industry can be rewarding, but it’s also physically demanding and potentially dangerous. 

The hours are long, and you’re often working in adverse weather conditions, and you’re also dealing with heavy machinery, hazardous substances, and slippery surfaces. To help ensure maritime workers receive compensation for job-related injuries and illnesses, federal law provides benefits through the Longshore Harbor Workers Compensation Act. 

So, what does the Act cover and how do you know if you qualify for compensation? Keeping reading on to find out.

Who’s Eligible for Benefits Under the Longshore and Harbor Workers’ Compensation Act?

Just because you work in the maritime industry doesn’t mean you automatically qualify for LHWCA (Longshore and Harbor Workers’ Act) benefits. While the Act does cover most employees, you do need to meet the requirements of two tests: these are the Status and Situs tests.

The Status test refers to your job duties, and these duties must be connected to the loading, unloading, building, or repairing of a ship or fleet. Almost all shipbuilders, vessel breakers, ship repair personnel, longshoremen, and harbor workers automatically meet the test’s requirements. 

The primary exceptions are part-time and temporary employees. Even if you’re working part-time on repairing a maritime vessel, you may not be eligible for LHWCA benefits.

The other requirements you must meet apply to the Situs test,  which test looks at your work location. You must be working in U.S. waters, in any of the fields listed in the Status test, and this means if you’re working as a clerk in an office building, you probably can’t apply for benefits through LHWCA.

Eligibility requirements also extend to where and when your illness or injuries occur. Your condition must occur within the scope of your employment. For example, if you’re on vacation and come down with the flu or break your arm, you can’t receive benefits through the Longshore and Harbor Workers’ Compensation Act. Adding to the possible eligibility confusion is the exclusion of government employees.

An example is if you’re employed by the Department of Defense and are injured repairing the ship. Chances are your damages are covered under the Jones Act, and this also applies to most seamen.

What Does LHWCA Cover?

Okay, so now you have a general idea of who’s covered by the Longshore and Harbor Workers’ Compensation Act but what benefits does it provide? The act covers a broad range of injuries, along with several diseases common in the maritime industry, which include:

Trips, slips, and falls
Falling from heights
Injuries sustained in fires and explosions
If you’re caught in equipment, either stationary or moving
Being struck by an object, for example, a crane
A near-drowning accident

If a loved one drowns and they’re covered under LHWCA, an immediate family member may be able to claim wrongful death benefits. An immediate family member is typically a surviving spouse, children, parents, or sibling.

Injuries such as burns and broken bones are common in the maritime industry, which also include tissue damage, TBIs (traumatic brain injuries), spinal cord injuries, and hearing and vision loss. If your work results in a back injury like a herniated disc, your medical expenses are usually covered by LHWCA.

We mentioned some industry-related illnesses are also covered under the federal act. Some examples include:

Poisoning as a result of working with hazardous materials
Skin disease
Cardiovascular disease
Respiratory conditions

If you’re exposed to asbestosis or develop mesothelioma, you may be eligible to receive compensation.  

How to Apply For and Receive LHWCA Benefits

So, if you’re injured at work or develop an illness, how do you go about applying for and receiving benefits? There are a few steps you need to follow which include meeting specific deadlines. If you miss a deadline, you may not be able to receive compensation for your damages.

Filing Deadline

You only have 30 days from the date of the accident or when you discover your injury to make a report with your employer. So, if you’re struck by an object but don’t discover any injuries until a few days later, you have 30 days from the date of discovery.

To ensure you meet the filing deadline, it’s a good idea to report any accident immediately to your employer, and this applies even if you’re not sure if you suffered any injuries. You’re creating a traceable paper trail that can help support your eventual injury claim. Your employer should hand you Form LS-201 to fill out.

Submit Form LS-203

The next form you’ll need to fill out goes to the Office of Workers’ Compensation Program (OWCP). This is form LS-203, and typically you have either one year from the accident date or when you received your final disability compensation payment.

If you’re filing a claim for compensation for a disease, you have two years to submit the claim to OWCP. The statute of limitations for a wrongful death claim is one year from the incident date. Yes, you also need to submit Form LS-203 if you’re filing a wrongful death claim.

Reviewing Your Claim

Once you’ve submitted Form LS-201 to your employer and Form LS-203 to the OWCP, it becomes a waiting game. 

The Office of Workers’ Compensation Program will review your claim and check your supplied information, which includes making sure that you meet the requirements of both the Status and Situs tests.

Most employers don’t run into any issues with their claim but issues can occur. Your claim can be denied or your damages disputed. 

A claims examiner will usually meet with both you and your employer to try and resolve any issues. If you can’t agree with the examiner, your claim is referred to the Office of Administrative Law Judges for a hearing.

If your claim is referred for a hearing, it’s usually a good idea to have legal representation by your side. Your attorney can help ensure you receive compensation for your illness and/or injuries.

Don’t File a Claim Without Talking to an Attorney

While the Longshore and Harbor Workers’ Compensation Act ensures maritime employees have access to benefits if injured at work, the claims process can be confusing. With two forms to fill out and a potential administrative hearing, it can be overwhelming. 

To help guarantee that the process goes smoothly, consult an attorney today about your injury claim. An experienced attorney can guide you through each step, helping to avoid mistakes and maximize your benefits.