Maritime work along the Gulf Coast is challenging and dangerous. Injuries are not uncommon, and when they happen, workers often wonder what protections they have. Fortunately, the Longshore and Harbor Workers’ Compensation Act (LHWCA) exists to offer financial and medical support for many maritime workers.

If you’ve been hurt in an offshore or dockside accident in New Orleans or anywhere on the Gulf Coast, you may be entitled to compensation under the LHWCA. The Maritime Injury Law Firm can help you understand your rights and fight for the benefits you’re owed.

Understanding the Longshore and Harbor Workers’ Compensation Act

The Longshore and Harbor Workers’ Compensation Act is a federal law overseen by the U.S. Department of Labor. It provides injured maritime workers with compensation, medical care, and vocational rehabilitation if they are hurt while working on or near navigable U.S. waters.

Covered injuries include not only sudden accidents but also occupational diseases, hearing loss, and other health problems that develop due to maritime work. If a worker dies as a result of a job-related injury, the law also provides death benefits to surviving family members.

Compensation under the LHWCA is paid by the employer or their private insurance carrier. However, workers often run into challenges accessing these benefits without legal support from an experienced maritime attorney.

Am I Covered by the LHWCA as a New Orleans Offshore Worker?

The LHWCA covers a range of maritime jobs, particularly those involving ship repair, construction, or dockside operations. You may be covered if you work in a position such as:

• Longshore worker
• Shipbuilder or shipbreaker
• Ship repair technician
• Harbor construction worker

In addition to your occupation, the location of your injury matters. To qualify for benefits under the LHWCA, your injury must happen on navigable waters or in adjacent areas such as:

• Piers
• Docks
• Terminals
• Wharves
• Loading and unloading zones

Congress has also extended LHWCA protections to certain workers on the Outer Continental Shelf and some civilian government workers.

Who is Not Covered by the LHWCA?

While the LHWCA offers broad coverage, it does not apply to all maritime employees. Workers who are typically excluded include:

• Seamen (who are covered by the Jones Act)
  Employees of U.S., state, or foreign governments
• Workers whose injuries resulted from intoxication
• Individuals who intentionally caused their own injuries

Additionally, some employees may be excluded because they fall under state workers’ compensation laws. This can include:

• Recreational vessel builders (under 65 feet)
• Aquaculture workers
• Employees of private clubs, camps, or restaurants near the waterfront

Unfortunately, employers and insurance companies may try to argue that you’re excluded from LHWCA coverage in order to avoid paying benefits. That’s why it’s essential to have a knowledgeable attorney evaluate your case.

What Benefits Can You Receive Under the LHWCA?

If you’re covered by the LHWCA, you may be entitled to several types of benefits. These include payment for all reasonable and necessary medical treatment, temporary or permanent disability compensation, and vocational rehabilitation services if you’re unable to return to your prior work.

If the injury results in death, the law also provides survivor benefits to your dependents, including a portion of your lost wages. In some cases, benefits may be available for life.

An attorney can help you calculate the full value of your claim, gather evidence to support your injury, and handle all communication with the insurance company to avoid mistakes that could harm your case.

Contact The Maritime Injury Law Firm Today

The Maritime Injury Law Firm helps injured maritime and offshore workers across Louisiana and the Gulf Coast fight for the full compensation they deserve. Based in New Orleans, the firm brings over 20 years of experience to every case we handle. 

If you’ve been hurt on the job and believe the Longshore and Harbor Workers’ Compensation Act may apply to you, don’t wait to get legal guidance. Contact The Maritime Injury Law Firm today for a free, confidential consultation.

If you’re a longtime maritime worker, chances are you’ve heard of The Longshore and Harbor Workers Compensation Act, or LHWCA. However, you might not be familiar with all the details. That’s what we’re here to help with.

The Department of Labor defines the LHWCA act as follows:

The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal law that provides for the payment of compensation, medical care, and vocational rehabilitation services to employees disabled from on-the-job injuries that occur on the navigable waters of the United States, or in adjoining areas customarily used in the loading, unloading, repairing, or building of a vessel.

In the case of the LHWCA, an injury includes occupational diseases, hearing loss, and illnesses that may arise directly from maritime employment. 

In addition to providing compensation to disabled employees, the LHWCA also outlines payments to the family and dependents of workers who pass away on the job.

The LHWCA states that the injured worker’s employer, or their private insurance company, covers compensation.

Who exactly does the LHWCA cover? Are you covered by the LHWCA? 

Per the Department of Labor, the LHWCA covers employees in “traditional” maritime occupations.

This includes:

Since the act’s inception, Congress has also extended LHWCA coverage to certain military and government employees, those who work on the U.S.’s Outer Continental Shelf, and civilian employees of non-appropriated fund instrumentalities of the armed forces.

In addition to occupation, the LHWCA specifies locations where injuries must occur, in order for a worker to be eligible for LHWCA coverage. Injuries must occur on the “navigable waters of the U.S. or in the adjoining areas.”

These include:

The LHWCA does not extend to all who work on the sea.

The law has critical distinctions, and excludes the following:

At times, maritime employers or their insurance companies may attempt to prove a worker’s injuries were caused by one of the above, to lower or dodge claims.

The LHWCA also excludes certain individuals covered by a state workers’ compensation law. This may include individuals employed by a club, camp, or restaurant; individuals employed to build recreational vessels under 65 in length; aquaculture workers, and others.

At The Maritime Injury Law Firm, we help injured offshore workers fight for the fullest compensation that they’re entitled to. New Orleans, Louisiana attorney George Vourvoulias has over 20 years of experience working tirelessly for the rights of injured maritime workers.

Contact him and his team today for a free and confidential consultation about the compensation you may be owed for your injury.