If you are disabled from injuries that occured on the navigable waters of the United States, or in adjoining areas used in loading, unloading, repairing, or building certain vessels then we are the attorneys you need to handle your claim.

Longshore and Harbor Workers' Compensation Act (LHWCA/ Longshore Act)

Who is Covered.

The Longshore and Harbor Workers' Compensation Act (LHWCA or Longshore Act) is a workers’ compensation program administered by the Office of Workers’ Compensation Programs (OWCP).  The Act provides for compensation and medical care to employees disabled from injuries that occur on the navigable waters of the United States, or in adjoining areas used in loading, unloading, repairing, or building certain vessels. The Act also provides benefits to specific survivors and dependents if the injury causes the employee's death. The term "injury" includes occupational disease arising out of employment.

The Act covers workers employed in maritime occupations, including longshore workers or other persons in longshore operations, and any harbor workers, including ship repairers, shipbuilders, and shipbreakers. The Act excludes certain workers, however, even if they are injured on navigable waters or an area adjoining those waters.  These excluded workers include masters or members of a crew of a vessel and any officer or employee of the United States or of any state or foreign government.  Certain other individuals may also be excluded, only if they are covered by a state workers’ compensation law.  If you fall into one of the excluded occupations above, please visit our Jones Act Web site as you may fall under the Jones Act instead.  You can find the site at http://www.turleylawfirm.com/practice_areas/jones-act-seaman-answers-to-your-questions.cfm


Basic Provisions/Requirements.

Covered disabled employees receive compensation at the rate of 66 2/3 percent of the employee’s average weekly wage, subject to specified weekly maximum and minimum rates, for as long as the effects of the injury continue.  Compensation is also available for certain permanent impairments.  Benefits are paid to a surviving spouse at the rate of 50 percent of the average weekly wage, and if there are surviving children, an additional 16 2/3 percent is payable on their behalf.

If any installment of compensation payable without an award is not paid within 14 days after it becomes due, an additional 10 percent will be added to the unpaid installment.  OWCP may excuse the employer’s failure to pay timely if the employer contacts OWCP and demonstrates that payment could not be made within the prescribed time period due to conditions beyond the employer’s control.  If any compensation payable under an award is not paid within 10 days after it becomes due, an additional 20 percent will be added to the unpaid installment.

Injured employees are also entitled to have their employer pay for all reasonable and related medical expenses.  Employees may also be eligible for vocational rehabilitation.

Employee Rights.

An employer may not discharge or in any manner discriminate against an employee because he or she has claimed or attempted to claim compensation, or has participated in a proceeding under this Act. This prohibition does not prevent discharge of or refusal to employ a person who has been found to have filed a fraudulent claim for compensation or who has otherwise made a false statement or misrepresentation.


Claimants (You the Injured Worker). 

The Longshore Act and its extensions impose several reporting obligations on benefits claimants. A claimant must file with the employer (and may also file with the district director, OWCP) a written Notice of Employee’s Injury or Death describing the causes and effects of the injury.  The time frame for filing this notice varies depending on the nature of the injury.  Claimants use Form LS-201(http://www.dol.gov/owcp/dlhwc/ls-201.pdf) to report this information. A claimant must file with the District Director a written notice of a claim. Claimants use Form LS-203(http://www.dol.gov/owcp/dlhwc/ls-203.pdf) to report this information. The time frame for filing this notice varies depending on the nature of the claim.


If you are disabled from injuries that occured on the navigable waters of the United States, or in adjoining areas used in loading, unloading, repairing, or building certain vessels then we are the attorneys you need to handle your claim.

Blog for Longshore Act (LHWCA)

Library for Longshore Act (LHWCA):

Web Resources for Longshore Act (LHWCA):


The Turley Law Firm Lawyers accept cases in the following locations in California: Los Angeles, San Diego, San Jose, San Francisco, Fresno, Long Beach, Sacramento, Oakland, Santa Ana, Anaheim, Bakersfield, Riverside, Stockton, Chula Vista, Fremont, Irvine, Modesto, Glendale, San Bernardino, Huntington Beach, Oxnard, Fontana, Moreno Valley, Oceanside, Rancho Cucamonga, Santa Clarita, Garden Grove, Ontario, Pomona, Santa Rosa, Salinas, Palmdale, Hayward, Pasadena, Torrance, Corona, Lancaster, Catalina Island, Bodega Bay, Bethel Island, Half Moon Bay, Eureka, Avalon,  Escondido, Alameda, Orange, Elk Grove, Sunnyvale, Fullerton, Thousand Oaks, El Monte, Simi Valley, Concord, Visalia, Vallejo, Ventura, Ventura Harbor, Marina del Ray, Morro Bay, Inglewood, Santa Clara, Pacific Ocean,  Port of Los Angeles, Port of Long Beach , Port of San Pedro, Santa Barbara, Santa Barbara Channel, San Clemente Island,  San Joaquin River, San Francisco Harbor, San Francisco Bay, Stockton, Port of Stockton, Port of Sacramento, Port San Luis, California Delta, Lake Tahoe, Colorado River, Port of San Diego, Sausalito, Santa Cruz, San Pedro,  San Diego Harbor, Stockton, Oceanside Harbor, Catalina Island, Dan Point, Newport Harbor, Ventura Harbor, Port Hueneme, Vallejo, Crescent City, Yuba City, Wilmington, and the Channel Islands, and the navigable waterways of the the United States and the navigable waters of California.

The Turley Law Firm handles all type of boat and ship accidents and we are boat accident lawyers, including Jones Act lawyers, unseaworthiness lawyers, boat negligence lawyers, maintenance and cure lawyers,  cruise ship lawyers, recreational boating lawyers, boat accident lawyers, ship accident lawyer, boat collision lawyer, ship collision lawyer, barge accident lawyer, barge lawyer, derrick attonrey, floating work platform lawyer,  PWC accident lawyer, personal watercraft accident lawyer, sailboat accident lawyer, water ski accident lawyer, sailing accident lawyer,  tanker lawyer, offshore lawyer,  and river accident lawyers.

 

 

 

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