The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a legislation that offers assistance to workers who sustain injuries while working in or around water bodies, such as longshoremen, harbor workers, and shipbuilders. This law ensures that these workers receive compensation for their injuries, covering medical costs and lost wages. Its significance lies in safeguarding the rights and welfare of workers who play a crucial role in our maritime industry.
The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal law that grants workers’ compensation benefits to employees who work on navigable waters or in adjacent areas like docks, piers, and terminals. If a longshoreman sustains an injury while loading or unloading cargo from a ship, they may qualify for benefits under the LHWCA. Similarly, a harbor worker who gets injured while repairing a dock may also be eligible for LHWCA benefits. The primary purpose of the LHWCA is to provide compensation to workers who suffer injuries while working on or near navigable waters. This encompasses individuals involved in cargo handling, dock and pier repairs, and other tasks related to maritime commerce. These examples demonstrate how the LHWCA applies to various types of workers who may experience job-related injuries. In both scenarios, the injured worker may be entitled to LHWCA benefits, which can assist in covering medical expenses and lost wages during their recovery period.
LHWCA stands for Longshore and Harbor Workers’ Compensation Act. It is a federal law that provides workers’ compensation benefits to maritime workers who are injured or become ill while working on navigable waters or in adjoining areas.
LHWCA covers a wide range of maritime workers, including longshoremen, harbor workers, shipbuilders, ship repairers, and other workers who are involved in loading, unloading, repairing, or building vessels.
LHWCA covers a broad range of injuries, including physical injuries, occupational diseases, and mental health conditions that are caused or aggravated by work-related activities.
To file a claim under LHWCA, you must notify your employer of your injury or illness within 30 days of the incident. You must also file a written claim with the Office of Workers’ Compensation Programs (OWCP) within one year of the incident.
LHWCA provides a range of benefits, including medical treatment, disability payments, vocational rehabilitation, and survivor benefits for eligible dependents.
Disability payments under LHWCA are calculated based on the worker’s average weekly wage at the time of the injury or illness. The amount of the payment is typically two-thirds of the worker’s average weekly wage, subject to certain maximum and minimum limits.
Yes, in some cases, you may be eligible to receive benefits under both LHWCA and state workers’ compensation. However, the total amount of benefits you receive cannot exceed the maximum allowed by law.
No, LHWCA provides an exclusive remedy for injured workers and prohibits them from suing their employers for negligence. However, in some cases, injured workers may be able to file a third-party lawsuit against a negligent party who is not their employer.
Yes, if you disagree with a decision made by the OWCP, you have the right to appeal the decision to an administrative law judge, the Benefits Review Board, and ultimately, to a federal court.
While you are not required to have a lawyer to file a claim under LHWCA, it is highly recommended that you seek the advice of an experienced maritime injury lawyer. A lawyer can help you navigate the complex legal process and ensure that you receive the maximum benefits available under the law.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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