Understanding Your Rights Under the Longshore Act: A Comprehensive Overview

If you work on or near the water at a dock, shipyard, or port, you play a vital role in keeping America’s maritime industry running. But what happens if you get hurt on the job? That’s where the Longshore and Harbor Workers’ Compensation Act (LHWCA), commonly known as the Longshore Act comes in.

This law ensures that injured maritime employees receive fair medical care, wage replacement, and other benefits. In this guide, we’ll explain what the Longshore Act is, who it covers, what benefits you can expect, and how to protect your rights if you’re injured.

What Is the Longshore Act?

The Longshore and Harbor Workers’ Compensation Act is a federal law passed in 1927 to protect maritime workers who are not covered by state workers’ compensation laws. It’s designed for people who work on or near navigable waters but are not considered “seamen” under other maritime laws.

In simple terms, the Longshore Act fills a gap between state workers’ compensation and maritime law, providing benefits to those who keep ports and shipyards running safely.

The U.S. Department of Labor (DOL) oversees the Longshore Act through its Office of Workers’ Compensation Programs (OWCP).

Who Is Covered Under the Longshore Act?

The Longshore Act covers a wide range of maritime workers, including:

• Longshoremen loading and unloading ships
  
  
• Shipbuilders and ship repairers
  
  
• Harbor construction workers
  
  
• Marine terminal and dock workers
  
  

To qualify, your work must meet two main tests:

1. Status Test: Your job must involve maritime duties, such as loading, repairing, or building ships.
   
   
2. Situs Test: Your injury must have occurred on, near, or adjacent to navigable waters like docks, wharves, piers, or shipyards.
   
   

Example: If you’re a crane operator moving cargo from a ship to a dock and you get injured, you’re likely covered under the Longshore Act. However, office staff working inland are usually not covered.

Who Is Not Covered?

Not all maritime workers qualify for Longshore benefits. The law excludes:

• Crew members of ships (they are covered under the Jones Act)
  
  
• Employees of the U.S. government or foreign governments
  
  
• Workers who are covered under state workers’ compensation laws
  
  
• Recreational boat builders (if the boats are under 65 feet long) provided they are covered by a state workers’ compensation law.



• Workers who repair or dismantle any recreational vessel, regardless of vessel length, provided they are also covered by a state workers’ compensation law.

• Small vessel workers in certain circumstances
  
  

If you’re unsure whether you qualify, it’s best to speak with an experienced maritime law attorney who can evaluate your case.

What Benefits Does the Longshore Act Provide?

The Longshore Act ensures injured maritime workers receive several important benefits to help them recover and return to work safely.

1. Medical Benefits

Injured workers are entitled to full medical treatment for work-related injuries. This includes doctor visits, surgeries, hospital care, prescriptions, and rehabilitation. You can choose your own physician, but it must be someone authorized by the Department of Labor.

2. Wage Replacement (Disability Benefits)

If your injury prevents you from working, you may receive disability payments. The amount depends on your average weekly wage and the type of disability:

• Temporary Total Disability (TTD): You’re unable to work for a limited time.
  
  
• Temporary Partial Disability (TPD): You can work but earn less than before.
  
  
• Permanent Total Disability (PTD): You cannot return to any type of work.
  
  
• Permanent Partial Disability (PPD): You can work but have lasting impairment.
  
  

Generally, disability benefits equal two-thirds of your average weekly wage, subject to minimum and maximum limits set by the DOL.

3. Vocational Rehabilitation

If your injury prevents you from returning to your old job, you may qualify for job training or vocational rehabilitation. This helps you learn new skills and find alternative employment.

4. Survivor Benefits

If a maritime worker dies due to a job-related injury, the Longshore Act provides death benefits to dependents, such as a spouse and children. It also covers reasonable funeral expenses.

How to File a Longshore Act Claim

Filing a claim under the Longshore Act involves several steps. Following them carefully ensures your case is processed correctly and on time.

Step 1: Report Your Injury

You must notify your employer in writing within 30 days of the injury or of becoming aware that your illness is work-related. Use Form LS-201 (Notice of Employee’s Injury or Death) for this step.

Step 2: Get Medical Treatment

Seek immediate medical attention and inform your doctor that your injury happened at work. Keep all medical records and receipts for your claim.

Step 3: File a Formal Claim

Submit Form LS-203 (Employee’s Claim for Compensation) to your nearest Department of Labor District Office within one year of the injury or last payment of compensation.

Step 4: Employer’s Response

Your employer must report the injury to the DOL and their insurance carrier using Form LS-202. The insurer will then review your claim and either approve or deny benefits.

What Happens if Your Claim Is Denied?

If your claim is denied, you have the right to appeal. The process includes:

1. Informal Conference: You and your employer (or insurer) meet with a DOL claims examiner.
   
   
2. Formal Hearing: If no agreement is reached, the case goes to an administrative law judge (ALJ).
   
   
3. Appeals: You can appeal the ALJ’s decision to the Benefits Review Board and, if needed, to a federal court.
   
   

Having an attorney experienced in maritime law and workers’ compensation can make a big difference in successfully appealing a denied claim.

Your Rights Under the Longshore Act

The Longshore Act guarantees key rights to ensure fairness and protection:

• The right to medical treatment for all work-related injuries
  
  
• The right to choose your doctor (from approved providers)
  
  
• The right to compensation while you’re unable to work
  
  
• The right to vocational rehabilitation
  
  
• The right to file a claim and appeal a denial
  
  
• The right to be free from employer retaliation
  
  

Employers are legally prohibited from firing or punishing employees who file a legitimate claim under the Longshore Act.

The Role of an Attorney in Longshore Cases

While the Longshore Act aims to protect workers, the claims process can be complex. Employers and insurers often try to minimize payouts or dispute claims. A qualified maritime attorney can:

• Gather medical and employment evidence
  
  
• Handle claim forms and deadlines
  
  
• Represent you in hearings and appeals
  
  
• Negotiate fair settlements
  
  
• Ensure your rights are fully protected
  
  

Having the right legal representation can help you get the benefits you deserve and avoid unnecessary delays.

Common Mistakes to Avoid When Filing a Claim

Many workers lose out on benefits because of small mistakes. Avoid these common errors:

• Missing the 30-day reporting deadline
  
  
• Not getting written documentation of the injury
  
  
• Using an unauthorized doctor
  
  
• Failing to keep copies of all claim forms and receipts
  
  
• Not consulting an attorney when your claim is disputed
  
  

Being informed and proactive can make a big difference in securing your benefits under the Longshore Act.

Final Thoughts

The Longshore and Harbor Workers’ Compensation Act is an essential safety net for maritime employees. It ensures that hardworking individuals in shipyards, docks, and ports get the medical care and income support they need after a job-related injury.

If you’ve been injured while working in a maritime setting, understanding your rights under the Longshore Act is the first step toward recovery and financial security.

If you’ve suffered a maritime injury, contact RIE Law today to protect your rights and get the compensation you deserve.

FAQs About the Longshore Act