Getting started with a claim under the Longshore & Harbor Workers Compensation Act

maritime

Introduction

The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal law that provides essential protections and benefits to workers who suffer job-related injuries or illnesses while working on navigable waters or in adjoining areas commonly used for vessel loading, unloading, repairing, or building. In this essay, we will explore the key aspects of filing a claim under the LHWCA, including eligibility, immediate steps after an injury, and the claims process.

1. Coverage and Eligibility

The LHWCA covers specific categories of workers engaged in maritime occupations. These include:

Longshore Workers: These individuals are responsible for loading and unloading vessels at docks and terminals. Their work is critical to the efficient movement of goods through our ports.
Ship-repairers: Employees involved in repairing ships play a vital role in maintaining the safety and seaworthiness of vessels.
Shipbuilders or Ship-breakers: Workers engaged in ship construction or dismantling contribute to the maritime industry’s growth and sustainability.
Harbor Construction Workers: Those involved in harbor-related activities, such as building piers, docks, and other infrastructure, ensure the smooth functioning of our ports.

Additionally, non-maritime employees may also be covered if they perform their work on navigable waters (such as docks, piers, and wharves) and sustain injuries there. The LHWCA aims to protect workers who contribute to the maritime economy, regardless of their specific job titles.

2. Immediate Steps After an Injury

When an injury occurs, taking prompt action is crucial:

Notify Your Employer: As soon as you experience a work-related injury, inform your employer. Timely notification ensures that the necessary processes are set in motion.
Obtain Form LS-1: Obtain a Form LS-1, which authorizes treatment by a doctor of your choice. This form allows you to seek immediate medical care without unnecessary delays.
Seek Medical Treatment: Prioritize your health by seeking necessary medical treatment promptly. Your well-being is paramount.
Provide Employer Notice: Within 30 days of the injury, use Form LS-201 to officially notify your employer. This form documents the incident and initiates the claims process.

3. Filing a Claim

To formally file a claim under the LHWCA, follow these steps:

Written Notice of Injury: Provide written notice of the injury to both your employer and the Office of Workers’ Compensation Programs (OWCP). Use Form LS-201, Notice of Employee’s Injury or Death, detailing the circumstances of the incident.
File a Written Claim: Submit a written claim for compensation using either Form LS-203, Employee’s Claim for Compensation, or Form LS-262, Claim for Death Benefits (if applicable). These forms capture essential information, including the nature of your injury, medical treatment received, and other relevant details.

Remember that accurate documentation and adherence to deadlines are critical. If your employer has been voluntarily paying compensation benefits, file a written claim within a year of the last payment of compensation.

4. Conclusion

The Longshore and Harbor Workers’ Compensation Act serves as a safety net for maritime workers, ensuring that they receive the necessary support when injuries occur. By understanding the process and promptly following the required steps, you can protect your rights and access the benefits you deserve.

For further assistance with filing your claim, contact out Maritime Practice Group and request and introduction so they can provide personalized guidance based on your unique situation.

Joshua M. Stahley

Chairman, CEO, & Managing Director of Legal Services

The Law Offices of Joshua M. Stahley, P.A

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