The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal workers’ compensation law, found at 33 U.S.C. § 901 et seq., that pays medical care and wage benefits to many workers injured on or next to navigable water while doing maritime work. It covers people such as longshore workers, ship repairers, shipbuilders and harbor workers, who are not crew members but whose jobs are tied to vessels and the waterfront.
Blank Kim Injury Law helps injured waterfront workers and overseas contractors who live in Northern Virginia file and pursue these claims from our Fairfax office. We also look for a separate lawsuit against anyone other than the employer who caused the injury. Attorney Robert Kim speaks Korean, and our paralegal team speaks Spanish.
Who the longshore act covers
Coverage depends on two things in general terms: where you were hurt and what kind of work you do. The places typically include navigable waters and adjoining areas used in loading, unloading, repairing or building vessels, such as piers, wharves, dry docks, terminals and marine railways. The work typically must be maritime in nature. Jobs that often fall within the act include:
- Longshore workers and stevedores loading and unloading cargo
- Crane operators, riggers, lashers and checkers at marine terminals
- Shipyard workers who build, repair or break down vessels
- Welders, pipefitters, electricians and painters doing ship repair
- Harbor workers maintaining piers, docks and waterfront structures
The act has exclusions, including for crew members of a vessel, who are covered by the Jones Act instead, and for certain clerical, marina and recreational jobs. Some workers can qualify under both the federal act and Virginia workers’ compensation. Sorting that out is one of the first things we do.
Defense contractors and other extensions of the act
Northern Virginia is home to many companies that send employees overseas under government contracts. Congress extended the longshore compensation system to several groups of workers who never set foot on a dock:
- The Defense Base Act generally covers employees of contractors working overseas on U.S. military bases or under certain U.S. government contracts, whether the injury happened on the job site or in the course of living abroad for the job.
- The Nonappropriated Fund Instrumentalities Act generally covers civilian employees of military exchanges, clubs and similar activities funded outside congressional appropriations.
- Other extensions reach certain workers on the outer continental shelf and some other federal programs.
Claims under these extensions generally use the same benefits, forms and process as a longshore claim. A contractor who was hurt abroad and has come home to Fairfax, Reston, Herndon or Chantilly often does not realize this system applies. Federal civilian employees are different again: their injuries fall under FECA, described on our federal employee injury page.
Benefits available under the longshore act
The act pays benefits without anyone having to prove the employer was at fault. In general, the benefits include:
| Benefit | What it generally covers |
|---|---|
| Medical care | Reasonable and necessary treatment for the work injury, including hospital care, surgery, therapy and prescriptions |
| Temporary disability | Wage replacement while you cannot work, or can only work at reduced pay, during recovery |
| Permanent disability | Compensation for lasting impairment, including set schedules for the loss or loss of use of certain body parts |
| Vocational rehabilitation | Help returning to suitable work when you cannot go back to your old job |
| Death benefits | Payments to a surviving spouse and dependents, plus funeral expenses, when a work injury is fatal |
Wage benefits are generally based on your average weekly wage before the injury and are subject to limits set under the act. Overtime, second jobs and seasonal work can affect that figure, so the calculation is worth checking rather than accepting.
Deadlines: notice within 30 days, claim within one year
Two federal deadlines matter from the day of the injury:
- Notice to the employer. Written notice of the injury generally must be given within 30 days, under 33 U.S.C. § 912. Tell your supervisor right away and follow up in writing.
- The claim for compensation. A claim generally must be filed within one year, under 33 U.S.C. § 913.
Both statutes contain rules that can change when the clock starts, for example when an injury or illness is not recognized as work related until later, or when the employer has been paying benefits voluntarily. Hearing loss and occupational disease claims have their own timing questions. Do not assume an exception applies to you; ask us to confirm your dates.
How a longshore claim moves forward
Longshore claims are administered by the U.S. Department of Labor rather than by the Virginia Workers’ Compensation Commission. In general, a claim moves through these stages:
- The injury is reported and the employer or its insurance carrier files its own report and begins, or refuses, payment.
- The worker files a claim, and the Department of Labor’s district office tracks it.
- Disputes about benefits, the wage rate or medical care often go first to an informal conference at the district office.
- Disputes that do not settle there can be sent for a formal hearing before an administrative law judge.
- Decisions can be appealed further through the federal review process.
Injured workers generally have a say in choosing their treating physician under the act. Employers and carriers often schedule their own medical examinations, and those reports frequently become the center of a dispute. Keeping your own doctor informed of your job duties helps.
Claims against vessel owners and other third parties
Longshore benefits are usually the only remedy against the employer. They are not always the only remedy. When someone other than the employer caused the injury, a separate lawsuit may be possible, for example against:
- A vessel owner whose own negligence caused or contributed to the injury, under the limited rules the act sets for these claims
- The manufacturer of a defective crane, forklift, winch or other equipment, on our product liability page
- A contractor or trucking company working at the same terminal
- A driver who caused a crash while you were traveling for work
A third-party recovery can interact with the benefits already paid, including the employer’s right to be repaid from it, so these claims need to be coordinated. Serious crush injuries at terminals often involve amputation or nerve damage, which makes the future medical picture a large part of the case.
How our Fairfax attorneys help injured harbor workers
- Free case review. Tell us about your employer, your job site and the injury, by phone or through the form on this page.
- Coverage decision. We confirm whether the longshore act, one of its extensions, the Jones Act or Virginia workers’ compensation applies, and whether more than one does.
- Deadlines and filings. We make sure notice and the claim are filed on time and in the right form.
- Benefits disputes. We challenge low wage calculations, cut-off payments and denied treatment through the Department of Labor process.
- Third-party claims. We look for anyone besides the employer who shares responsibility.
You can talk with our team in English, Korean or Spanish, and we can review a case by phone if you are still recovering or still overseas.
