Longshore & HarborTypes of Injuries & Illnesses Covered

The Longshore & Harbor Workers’ Compensation Act (LHWCA) is a critical piece of legislation designed to protect the health and financial well-being of workers involved in maritime industries. This law helps longshoremen, harbor workers, and maritime employees get support if they have work-related accidents. 

Does that sound like you? 

Let’s look at the covered conditions and explain why they are included. It’s important you know the protections offered by the LHWCA. We will focus on how it helps protect the rights and health of maritime workers.  

What is the Longshore & Harbor Workers’ Compensation Act? 

The Longshore & Harbor Workers’ Compensation Act (LHWCA) is a law that helps maritime workers who are injured or become ill while on the job. The law was enacted in 1927 to provide protection and compensation for these workers. The LHWCA protects workers on U.S. waters, like docks and shipyards. The act aims to fill the gap left by state workers’ compensation laws, which often do not extend to these maritime environments. 

This is why, to provide you with the support you need, we handle both workers’ compensation and longshore cases. 

History and Purpose 

The LHWCA was made to support longshoremen, harbor workers, and maritime employees. It helps you manage the unique risks and challenges you face at work. Prior to its enactment, longshore workers had limited legal recourse and support in the event of injury or illness.  

The LHWCA was made to guarantee that maritime workers receive fair pay and benefits. This applies to all maritime workers in the United States, regardless of your work location. 

So, do you live in Louisiana, but got hurt in Florida? We can help you. 

Key Provisions and Benefits of the Longshore & Harbor Workers’ Compensation Act 

Key provisions of the LHWCA include: 

• Medical Benefits: Employers are mandated to cover all medical expenses related to the injury or illness. 

• Compensation for Lost Wages: The act provides compensation for lost wages based on the severity of the disability. 

• Rehabilitation Services: Injured workers may be offered vocational rehabilitation to help them return to gainful employment. 

• Death Benefits: In the most tragic cases, dependents of workers who are fatally injured on the job receive death benefits to help them after such a loss. 

The LHWCA helps maritime workers by giving you support and resources to get better from work injuries and illnesses. It also helps you stay financially stable during tough times. 

Who is Covered by the LHWCA? 

The Longshore & Harbor Workers’ Compensation Act helps protect workers involved in maritime jobs. These covered workers include those engaged in loading, unloading, repairing, and building vessels. The law applies to workers on US waterways and nearby areas such as docks, piers, and shipyards. The law also extends to those who work on offshore platforms. 

Definition of Covered Workers 

Covered workers under the LHWCA are typically those who: 

• Perform tasks related to maritime employment 

• Work on or near navigable waters 

• Are involved in activities such as loading, unloading, repairing, or building vessels 

Did you get hurt while performing one of these activities on the job? Contact us. 

Types of Employment and Industries Included 

The LHWCA encompasses a variety of employment types and industries, specifically targeting those with a maritime focus. Industries included under the LHWCA are: 

• Longshore Operations: Workers involved in the loading and unloading of cargo on ships. 

• Shipbuilding and Ship Repair: Employees who construct and repair vessels, including shipwrights, welders, and other tradespeople. 

• Marine Terminal Operations: Individuals working at facilities where cargo is transferred between land and sea transport. 

• Harbor Construction: Workers engaged in the construction and maintenance of docks, wharves, and other maritime structures. 

• Oil Production Workers: Workers engaged in oil production on offshore platforms. 

Examples of Eligible Workers 

Examples of workers eligible for LHWCA coverage include: 

• Longshoremen: Individuals responsible for the loading and unloading of ships. 

• Shipbuilders: Workers involved in the construction of new vessels. 

• Ship Repairmen: Employees who maintain and repair existing ships. 

• Dock Workers: Individuals who manage and organize cargo at docks and terminals. 

• Harbor Construction Workers: Those engaged in building and maintaining maritime infrastructure. 

• Offshore Workers: Those engaged in the production of oil on offshore platforms. 

What Injuries or Illnesses Are Covered Under the LHWCA? 

The Longshore & Harbor Workers’ Compensation Act (LHWCA) provides strong protection for maritime workers. It covers many injuries and illnesses that you may face while working.  

This coverage is important for your safety. This is especially crucial if you’re working in dangerous conditions in the maritime industry. 

Covered Injuries and Illnesses 

The LHWCA covers both physical injuries and occupational diseases that occur in the course of maritime employment. To qualify for coverage, the injury or illness must arise out of and in the course of employment on navigable waters of the United States or in adjoining areas such as docks, wharves, piers, terminals, or shipyards. The law makes sure that workers get medical care, money for missed work, and help to get better after an injury. 

In short, you must be hurt at work. 

Specific Types of Covered Injuries 

Physical Injuries 

Physical injuries covered under the LHWCA include a broad spectrum of traumatic injuries that you might sustain while performing your maritime duties. These injuries can result from various accidents and incidents that occur in the maritime environment. 

• Fractures and Broken Bones: Common in the maritime industry due to falls, heavy lifting, or being struck by objects. 

• Lacerations and Puncture Wounds: Often occur during handling of cargo, use of tools, or accidents involving machinery. 

• Burns: Resulting from fires, explosions, or contact with hot surfaces or substances. 

• Amputations: Severe injuries that can happen due to machinery accidents or being caught in moving equipment. 

• Head and Spinal Injuries: Serious injuries resulting from falls, falling objects, or other traumatic events. 

These physical injuries often require immediate medical attention and can lead to significant time off work. The LHWCA ensures that affected workers receive the necessary treatment and compensation for their recovery period. 

If you are injured at work, seek medical attention immediately. Then, as soon as you are able, inform your supervisor in writing (for example, via email) of your injury. This provides you documentation to verify your injury when you are applying for LHWCA benefits and makes the process much smoother. 

Occupational Diseases 

Occupational diseases are health problems caused by long-term exposure to harmful conditions or materials. This is common in the maritime industry. The LHWCA provides coverage for these diseases, acknowledging the long-term health risks associated with maritime employment. 

• Respiratory Diseases: Conditions such as asbestosis, silicosis, and chronic obstructive pulmonary disease (COPD) caused by inhalation of harmful dust, fumes, or chemicals. 

• Hearing Loss: Resulting from long-term exposure to loud machinery and environments without adequate hearing protection. 

• Skin Disorders: Conditions like dermatitis or chemical burns caused by contact with hazardous substances. 

• Musculoskeletal Disorders: Chronic conditions such as back pain or repetitive strain injuries resulting from the physical demands of maritime work. 

• Cancer: Certain types of cancer linked to exposure to carcinogenic substances, such as asbestos or industrial chemicals. 

Occupational diseases can take months or years to develop. The LHWCA guarantees that if you are affected, you get the right medical care and compensation. 

Suffering from one of these occupational diseases and need benefits? Contact us for a consultation. 

Conditions for Coverage 

For an injury or illness to be covered under the LHWCA, certain conditions must be met. The key criteria include: 

• Location: The injury or illness must occur on navigable waters of the United States or in adjoining areas such as docks, wharves, piers, terminals, or shipyards. 

• Employment: You must be engaged in maritime employment, including activities related to the loading, unloading, repairing, or building of vessels. For example, a UPS delivery driver who gets injured completing a delivery at a shipyard will qualify for workers’ compensation but not LHWCA as they are not an employee of the shipyard. 

• Causation: The injury or illness must arise out of and in the course of the worker’s employment. This means there must be a clear link between the worker’s duties and the injury or illness sustained. 

In some cases, determining coverage may involve assessing the specific circumstances of the incident and the worker’s role. The LHWCA provides a framework for evaluating these factors to ensure that eligible workers receive the benefits they deserve. 

Why Are These Injuries and Illnesses Covered? 

Workers in this industry face many risks like heavy machines, dangerous materials, and hard physical work. These dangers make accidents and health problems more likely. 

Importance of Protecting Longshore and Harbor Workers 

Protecting longshore and harbor workers is important for your safety and the stability of the maritime industry’s economy. You are essential for ports, shipyards, and maritime operations, which are important for global trade and commerce.  

Legal and Ethical Considerations 

The LHWCA establishes guidelines for handling work-related injuries and illnesses. It guarantees that affected workers receive fair compensation and medical treatment. The legal system ensures that employers are accountable for maintaining safe workplaces. Employers must also assist their employees when needed. 

This profession involves a lot of risks, and it is your employer’s responsibility to mitigate as many as possible. The LHWCA makes sure they are doing their part to make your work as safe as possible while also providing help if you do get injured. 

Frequently Asked Questions (FAQs): Common Questions About LHWCA Coverage 

What is the process for filing a claim under LHWCA? 

To file a claim under the Longshore & Harbor Workers’ Compensation Act (LHWCA), follow these steps: 

1. Medical Treatment: Seek medical attention as soon as possible. Make sure that the healthcare provider documents the injury or illness and its connection to your work. 
2. Report the Injury: Notify your employer immediately about the injury or illness. This should be done in writing and within 30 days of the incident. 
3. File a Formal Claim: Complete Form LS-203 (Employee’s Claim for Compensation) and submit it to the Office of Workers’ Compensation Programs (OWCP). This should be done within one year from the date of injury or the date of awareness of an occupational disease. This process can be confusing, and having the help of an attorney can make sure you do everything correctly and get all of the benefits you qualify for. 
4. Follow-Up: Stay in contact with your employer and OWCP to track the progress of your claim and provide any additional documentation required. With an attorney, they will handle this for you to make sure you don’t miss any deadlines. 

What if my injury or illness is not listed? 

If the LHWCA does not list your injury or illness, it may still be covered. This is possible if it meets the general rules for work-related issues. The key factors are: 

• The injury or illness must arise out of and in the course of employment. 

• It must occur on navigable waters or adjoining areas such as docks, wharves, or shipyards. 

• There must be a clear connection between the condition and the work performed. 

If you believe your condition qualifies, consult with a workers’ compensation attorney to assess your situation and guide you through the claims process. 

How long do I have to file a claim? 

Under the LHWCA, you generally have one year from the date of the injury to file a claim. For occupational diseases, you have one year from the date you became aware, or should have been aware, of the disease and its connection to your employment. It is crucial to adhere to these deadlines to ensure your claim is considered. If you miss the filing deadline, you may lose your right to compensation. 

What benefits can I receive under LHWCA? 

The LHWCA provides several benefits to injured or ill workers, including: 

• Medical Benefits: Full coverage of medical expenses related to the work-related injury or illness. 

• Compensation for Lost Wages: Disability benefits to compensate for lost wages. This includes temporary total disability, temporary partial disability, permanent total disability, and permanent partial disability benefits, depending on the severity and nature of the condition. 

• Rehabilitation Services: Vocational rehabilitation to help injured workers return to suitable employment. 

• Death Benefits: In cases of fatal injuries, the act provides death benefits to the worker’s dependents, including funeral expenses and ongoing financial support. 

Navigating Your LHWCA Claim with Compman 

If you or a loved one has been injured or fallen ill due to maritime employment, it is important to understand your rights under the LHWCA. For more information or assistance with your LHWCA claim, contact us today. Our experienced team is here to help you navigate the complexities of the LHWCA and ensure you receive the benefits you deserve.