Longshore and Harbor Workers’ Act Claim

What the Longshore and Harbor Workers’ Act covers

The LHWCA is a federal statute (33 U.S.C. §901 and following) that fills the gap between two other systems: state workers’ compensation, which covers land-based employees, and the Jones Act, which covers seamen who are crew members of a vessel. If you are a maritime worker who is injured on the navigable waters of the United States — or in an adjoining area used for loading, unloading, building, or repairing a vessel — the LHWCA is usually the law that applies to you.

Covered workers commonly include longshoremen, dock and pier workers, ship-builders and ship-repair workers, harbor construction crews, and equipment operators on the waterfront. Office clerical staff, marina recreational workers, and certain small-vessel workers may be excluded. Whether you qualify turns on two questions courts call “status” (the kind of work you do) and “situs” (where you were working). Because those tests are fact-specific, eligibility is one of the first things to confirm.

How it differs from the Jones Act and state comp

This distinction drives everything. The Jones Act covers “seamen” — workers who spend a substantial part of their time in the service of a vessel in navigation — and it requires proving negligence, but it can pay broader damages including pain and suffering. The LHWCA covers waterfront workers who are not seamen, and it is no-fault: you trade the right to sue your employer for a guaranteed set of benefits. State workers’ compensation, by contrast, covers land-based jobs that have no meaningful connection to navigable waters.

A single waterfront accident can implicate more than one of these systems, and the wrong classification can cost an injured worker significant benefits. Sorting out which law governs is a legal question, not just a paperwork choice.

Who is liable and how a third-party claim works

Under the LHWCA you do not sue your employer; you file for compensation benefits instead. But the Act preserves an important right: if a third party caused your injury — for example the owner of the vessel you were working on, an equipment manufacturer, or another contractor on the dock — you may bring a separate negligence lawsuit against that party. Section 905(b) of the Act specifically allows an injured worker to sue a vessel owner for negligence.

That third-party claim is where damages beyond basic comp benefits — such as pain and suffering — can come into play. If you live or were injured in New York and a third party’s negligence contributed to your harm, that negligence claim may proceed in court alongside your federal LHWCA benefits, and New York’s comparative negligence rule can reduce, rather than bar, your recovery by your share of fault. CPLR §1411

What benefits the Act pays

LHWCA benefits generally include full coverage of reasonable and necessary medical treatment related to the injury, temporary disability payments while you cannot work, permanent disability payments if the injury leaves lasting impairment, vocational rehabilitation, and death benefits to surviving dependents. Wage-loss benefits are calculated as a percentage of your average weekly wage, subject to federal minimums and maximums that are set by statute and adjusted over time.

Because the benefit amount is tied to your wages and the nature and permanence of your disability, no two cases pay the same. Be cautious of any promise of a specific dollar figure, because the actual value depends on your wage history, medical findings, and disability rating.

How the value of a claim is determined

For the compensation portion, value is driven by your average weekly wage, the severity and permanence of the disability, and the cost of the medical care you need. For any third-party negligence lawsuit, the factors are broader: the seriousness and permanence of your injuries, lost earnings and future earning capacity, medical expenses, the strength of the liability evidence, and the degree of any comparative fault. Outcomes vary widely from case to case, and prior results do not guarantee what any individual claim will recover.

Deadlines you cannot miss

The LHWCA has strict notice and filing rules. You generally must give written notice of the injury to your employer within 30 days, and file your formal claim for compensation within one year of the injury (or within one year of the last payment of benefits, in some situations). Occupational illnesses that develop over time have their own timing rules tied to when you knew, or should have known, the condition was work-related.

A related third-party negligence lawsuit is governed by its own separate deadline. In New York, a personal injury action generally must be started within three years CPLR §214, and a wrongful death action within two years EPTL §5-4.1. Missing any one of these deadlines can permanently end that part of your case, so the timing of each track should be confirmed early.

Common waterfront accident scenarios

• Falls from gangways, ladders, or unsecured surfaces on a pier or vessel.
• Crush and strike injuries from cargo containers, cranes, forklifts, or shifting loads.
• Injuries during ship repair or shipbuilding from falling objects, defective equipment, or unsafe staging.
• Slip-and-fall on wet, oily, or icy dock surfaces.
• Repetitive-stress and back injuries from heavy lifting and loading work.

What to do next

Report the injury to your employer in writing right away and get medical attention. Keep copies of accident reports, witness names, and anything documenting how the injury happened. Because LHWCA cases often run on two parallel tracks — a no-fault federal benefits claim and a possible third-party negligence suit — it is worth having the facts reviewed so the right law is applied and no deadline is lost. Banville Law works on a referral basis and can help point you toward experienced maritime counsel for a case like this.

Frequently asked questions