Longshore & Harbor Workers
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Longshore and Harborworkers’ Compensation Act
Individuals working as longshoremen and harborworkers usually are not entitled to state workers’ compensation benefits in the event of an on-the-job injury. Instead, they are covered under a federal statute known as the Longshore and Harborworkers’ Compensation Act (The LHWCA), 33 U.S.C. Section 901 through 950.
Any person engaged in maritime employment, including longshoremen, harborworkers, ship repairers, ship builders, or ship breakers, are covered under the LHWCA. Like under state workers’ compensation, an injured employee is entitled to benefits regardless of who was at fault for the injury. These benefits include the payment of all medical expenses and a portion of the injured employee’s wages.
The injured employee may have a claim for additional damages including medical expenses, loss wages, pain and suffering, disability, disfigurement, mental anguish, inconvenience, and loss of enjoyment of life. The injured employee must show that a third party, including the owner of a vessel, was responsible for the injury in order to recover these additional damages.