What is the Longshore and Harbor Workers' Compensation Act?

July 7, 2025

Did you know that over 135,000 maritime workers are covered each year by a federal law that many people have never even heard of? The Longshore and Harbor Workers' Compensation Act (LHWCA) plays a huge role in protecting the rights and health of those who work near or on the water—yet it remains a mystery to many Americans. If you or someone you know works on docks, in shipyards, or handles cargo near U.S. waters, understanding this law could be life-changing.


In this post, we’ll break down what the LHWCA is, why it exists, who it helps, and how it works—all in simple terms.


What Is the Longshore and Harbor Workers' Compensation Act?


The Longshore and Harbor Workers' Compensation Act is a federal law created in 1927. It provides medical care, lost wages, and rehabilitation benefits to workers who get injured or become ill while working on or near navigable waters in the U.S.


This includes people who:


  • Load and unload cargo from ships.

  • Build or repair ships.

  • Work on docks, wharves, piers, or shipyards.

It is managed by the U.S. Department of Labor and ensures that injured workers don’t have to go through long legal battles just to get help after an accident.


Why Was the LHWCA Created?


Before this law existed, many harbor workers had no legal protection if they were injured. They couldn’t collect workers' compensation like people working on land. This led to countless unfair situations where injured workers were left without income, medical help, or legal support.


The LHWCA was created to fix that. It fills a gap between state workers' compensation programs and other federal laws like the Jones Act, which covers sailors.


Who Is Covered by the LHWCA?


The LHWCA helps maritime workers who aren’t part of a ship’s crew. This includes:


  • Longshoremen.

  • Dockworkers.

  • Shipbuilders and ship repairers.

  • Crane operators.

  • Cargo handlers.

These workers are usually not out at sea, but they work close to or on the water every day.


However, the law does not cover:


  • Office staff.

  • Small boat crew members.

  • Police officers and firefighters.

  • Employees covered by state workers' comp laws.

If you're unsure whether you’re covered, you can ask a Longshore attorney or your employer’s HR department.


What Kinds of Injuries and Illnesses Are Covered?


The LHWCA covers both physical and occupational injuries, such as:


  • Broken bones from falling cargo.

  • Back injuries from lifting heavy containers.

  • Illnesses from chemical exposure at the docks.

  • Hearing loss from working around loud machines.

In addition to physical harm, workers can receive help for:


  • Long-term rehabilitation.

  • Lost wages while recovering.

  • Training for new jobs if they can’t return to their old work.

In the worst cases, the LHWCA provides death benefits to the family of a worker who dies from a job-related injury or illness.


How Do Workers Get Compensation Under the LHWCA?


To get benefits, the injured worker must:


  1. Report the injury to their employer within 30 days.

  2. Get medical treatment from an approved doctor.

  3. File a formal claim (Form LS-203) within one year of the injury.

Once the claim is filed, the Department of Labor will review it. In most cases, compensation is paid by the employer’s insurance company.


If there’s a dispute, it may go to a formal hearing before an administrative law judge.


How Much Are the Benefits?


The LHWCA provides:


  • Medical treatment for the injury or illness (no time or dollar limit).

  • Temporary total disability benefits (usually two-thirds of your average weekly wage).

  • Permanent partial or total disability payments, if needed.

  • Vocational rehabilitation services, such as job training.

In the event of death, surviving family members may receive funeral costs and ongoing benefits to replace lost income.


Extensions of the LHWCA


There are special versions of the LHWCA that apply to other kinds of federal workers:


  • Defense Base Act (DBA) – Covers U.S. government contractors working overseas.

  • Outer Continental Shelf Lands Act (OCSLA) – Covers workers on offshore oil rigs.

  • Non-Appropriated Fund Instrumentalities Act (NAFIA) – Covers certain civilian military employees.

These extensions show just how important and far-reaching the Longshore and Harbor Workers' Compensation Act is.


Why the LHWCA Matters Today


As the shipping industry grows, so do the risks faced by workers in ports and harbors. These jobs help drive the U.S. economy—but they can also be dangerous.


Having the Longshore and Harbor Workers' Compensation Act in place helps ensure that injured workers:


  • Get fair medical treatment.

  • Receive money while they recover.

  • Are not left behind after an injury.

It creates a safety net that protects thousands of American families every year.


Tips for Workers: What You Should Do If Injured


If you are a harbor or dock worker and get injured on the job:


  • Tell your employer right away.

  • See a doctor immediately.

  • Keep a copy of all medical records and forms.

  • Talk to a lawyer if you feel your rights are not being respected.

Being prepared can make a big difference in your recovery and your future.


Conclusion


The Longshore and Harbor Workers' Compensation Act is a powerful law that protects America’s maritime workforce. It ensures injured workers don’t have to suffer in silence or struggle without help. Whether you're loading cargo or welding ships, knowing your rights can make a big difference when it matters most.


Need help after a workplace injury? Contact RIE Law today for a free case review.


FAQs About Longshore and Harbor Workers' Compensation Act


  • What is the Longshore and Harbor Workers' Compensation Act?

    It’s a federal law that helps maritime workers who are injured on the job get medical care, wage benefits, and rehabilitation.


  • Who is not covered under the LHWCA?

    Crew members of ships, office workers, police, firefighters, and workers already protected by state workers' comp are not covered.


  • How much does the LHWCA pay for lost wages?

    Indemnity or lost wage compensation is usually paid at two-thirds of your average weekly wage, for a predetermined number of weeks (or a percentage of those weeks) for “scheduled injuries”, and with a wage earning capacity evaluation on non-scheduled injury claims.

  • What happens if my employer refuses to file a claim?

    You can file it yourself through the Department of Labor and speak to a qualified attorney for help.


  • Can I choose my own doctor?

    Yes, you have the right to choose your own physician—but they must be approved under the program.


Disclaimer: The information on this website and blog is for general informational purposes only and is not professional advice. We make no guarantees of accuracy or completeness. We disclaim all liability for errors, omissions, or reliance on this content. Always consult a qualified professional for specific guidance.