Who is covered by the LHWCA?
The LHWCA covers land-based workers employed within the maritime industry. These covered workers include the following.
The U.S. Defense Base Act has extended the LHWCA to also cover workers on the outer continental shelf and U.S. government contractors working abroad.
What places of employment are covered?
Employees covered under the LHWCA, or “Longshore Act” are considered land-based maritime workers. They might still serve on navigable waters such as rivers, canals, or the inland waterway. They might also work on the adjacent lands or adjoining areas customarily used to load, unload, build, or repair a vessel. These areas include those listed below.
What benefits does the LHWCA coverage provide?
Like other workers’ compensation schemes, the LHWCA provides a “no fault” claims system. This means that the injured or ill worker receives benefits for his harm regardless of whether any employer negligence caused it. The employer can be entirely free of blame, but the injured worker will still receive help under the statute.
The “no fault” provisions take a lot of the pressure off of the injured workers and help them attain the medical relief they need to recover from their illnesses or personal injuries. LHWCA workers’ compensation benefits can include the following.
What are the time limits for filing a claim?
As with other workers’ compensation statutes, the LHWCA provides that an injured worker must make timely notification to the employer of the injury in order to receive benefits. The worker must notify the employer within 30 days after the maritime injury occurred.
The worker also must file the formal claim for LHWCA benefits within one year of the date of the injury. So time is an important factor for any maritime worker considering making a claim under the LHWCA. The statutes of limitations don’t give you much time to “think about it.” You have to act quickly to ensure your benefits. Contact our Galveston maritime lawyers for a free and confidential legal consultation. We could help put you on the right track to your benefits recovery.