If you work in or around harbors, ports, or navigable waters — loading and unloading cargo, maintaining vessels, operating heavy equipment on piers — and you suffered an injury on the job, the Longshore and Harbor Workers' Compensation Act (LHWCA) is the federal law that protects you.
The LHWCA is often confused with the Defense Base Act, or dismissed as irrelevant to non-maritime workers. Neither is true. If you've worked in any harbor-related capacity and been injured, understanding the LHWCA is essential to getting the compensation you deserve.
What Is the Longshore and Harbor Workers' Compensation Act?
The LHWCA was enacted in 1927 to provide workers' compensation to maritime workers injured on navigable waters of the United States. Unlike standard state workers' compensation laws, the LHWCA is a federal statute that creates a uniform compensation system for harbor and maritime workers across all states and territories.
The act is administered by the US Department of Labor's Office of Workers' Compensation Programs (OWCP) — the same agency that administers the Defense Base Act. However, the LHWCA has its own specific rules, benefit schedules, and eligibility criteria.
Key fact: The LHWCA does not cover seamen — masters and crew members of vessels are covered under the Jones Act, a separate maritime law. The LHWCA covers workers who perform maritime work on land or on piers, wharves, and shipyard areas.
Who Is Covered Under the LHWCA?
The LHWCA covers a specific category of maritime workers. Eligibility is determined by the nature and location of your work:
Eligible Workers
- Longshoremen — workers who load and unload cargo from ships
- Stevedores — workers who specialize in loading and unloading cargo in ports
- Ship repair workers — workers performing repair and maintenance on vessels while not crew members
- Shipbuilding workers — workers constructing new vessels
- Harbor workers — workers engaged in maritime work in and around harbors, including maintenance, operation, and support
- Marine railway workers — workers on marine railways used for vessel repair
- Pile drivers and dock builders — workers engaged in construction and repair of piers, wharves, and similar structures
Location Requirement
The critical eligibility question is where the injury occurred. LHWCA coverage generally requires that the injury occurred:
- On navigable waters of the United States, or
- On a pier, wharf, or dock (adjoining navigable waters) used in maritime operations, or
- Over navigable waters (for example, working on a bridge over a navigable waterway)
The Sisson Test: Courts use a multi-factor test to determine whether a land-based worker is covered under the LHWCA. The key question is whether the worker was engaged in maritime employment and whether the work was integral to maritime commerce. Workers who split time between vessel work and land-based work can still be covered.
What the LHWCA Covers
The LHWCA provides a comprehensive benefits package for covered workers:
Medical Benefits
All reasonable and necessary medical treatment for your work injury — doctor visits, hospital care, surgery, physical therapy, medication, and medical equipment. Medical benefits continue for as long as treatment is medically necessary.
Disability Compensation
If your injury prevents you from earning your full wages, you receive disability compensation:
- Temporary Total Disability: Two-thirds of your average weekly wage (subject to maximum and minimum limits) while you cannot work
- Temporary Partial Disability: Two-thirds of the difference between your pre-injury wage and your current earning capacity
- Permanent Total Disability: Two-thirds of your average weekly wage for life if you can never return to any gainful employment
- Permanent Partial Disability: Scheduled awards based on the specific body part impaired, calculated under the AMA guides to evaluating permanent impairment
Death Benefits
If a work injury results in death, surviving dependents receive burial benefits and a percentage of the deceased worker's average weekly wage.
Vocational Rehabilitation
If you cannot return to your previous employment due to your injury, the LHWCA provides vocational rehabilitation services to help you return to suitable employment.
How LHWCA Differs from the DBA
Both the LHWCA and the DBA are federal workers' compensation laws administered by the OWCP. But they apply to different situations:
| LHWCA | DBA | |
|---|---|---|
| Where it applies | US ports, harbors, navigable waters | Overseas US military/defense bases |
| Who it covers | Harbor workers, longshore workers, shipyard workers | Civilian contractors for US government abroad |
| Benefit calculation | Two-thirds of AWW (capped at max) | Two-thirds of AWW (no federal cap) |
| Maximum benefits | Capped at national average weekly wage | No federal cap — market rate |
| Pre-existing conditions | Apportionment required | Full coverage with aggravation standard |
Why the distinction matters: If you work on vessels in US ports, LHWCA applies. If you work for a US government contractor abroad, DBA applies. Some workers fall under both laws — for example, a stevedore working on a US government contract in a foreign port. The interplay between these laws can be complex, and experienced counsel is essential in overlap situations.
The LHWCA Claims Process
- Report the injury to your employer. As with the DBA, notify your employer in writing as soon as possible after the injury.
- Employer files notice. Your employer files a notice of injury with the OWCP and their insurance carrier.
- Medical treatment authorized. Your employer or its insurance carrier authorizes medical treatment from an approved provider.
- Claim filed. A formal claim (Form LS-1 or equivalent) is filed with the OWCP district office.
- OWCP reviews. The OWCP evaluates the claim, medical evidence, and wage information to make a determination.
- Benefits or denial. If accepted, benefits begin. If denied, you have appeal rights.
Know your deadlines: Like the DBA, the LHWCA has strict time limits. Report your injury immediately, and file your formal claim within one year of the injury (or within one year of the last payment of compensation or medical benefits, whichever is later). Attorneys: get qualified LHWCA and DBA leads →
Common Types of LHWCA Claims
Maritime work involves specific injury risks that show up repeatedly in LHWCA claims:
- Crane and equipment accidents: Struck by heavy cargo, caught in machinery, equipment failure
- Falls: Slips on wet decks, falls from heights on scaffolding or piers, falls between vessel and dock
- Back injuries: From heavy lifting during cargo loading and unloading operations
- Repetitive stress injuries: From repeated motions in stevedoring operations — hands, arms, back, shoulders
- Burns: From hot work (welding, cutting), chemical exposure, or contact with steam lines
- Chemical exposure: From cargo fumes, cleaning agents, paint, or industrial chemicals used in shipyards
- Hearing loss: From sustained noise exposure — ship engines, cargo operations, pneumatic tools
- Crush injuries: From shifting cargo, equipment, or vessel components
Appeals and Disputes
If your LHWCA claim is denied or the benefit amount is disputed, you have multiple levels of appeal:
- Request for reconsideration: Submit new evidence or argument to the OWCP district office
- Benefits Review Board: An independent federal appeals board that reviews OWCP decisions
- Federal court: Appeals from the Benefits Review Board go to federal district court
Hiring an attorney: LHWCA disputes, especially those involving permanent disability ratings or complex causation questions, benefit greatly from experienced legal representation. An attorney can navigate the federal appeals process, challenge inadequate medical evaluations, and fight for the full benefits you deserve.
When to Get Legal Help
While not every LHWCA claim requires an attorney, certain situations strongly benefit from professional help:
- Your claim has been denied or partially denied
- You have a permanent injury that will affect your earning capacity long-term
- Your employer disputes the severity of your injury
- You need surgery or expensive long-term medical treatment
- The insurance company is offering a settlement that seems low
- You have a pre-existing condition that may be apportioned
Learn how our attorney network connects with maritime injury claimants →
Free case review: If you've been injured while working in or around a US port or harbor, you may be entitled to LHWCA benefits. Get a free, confidential case review — available in English, Bosnian, Albanian, Turkish, and Georgian.
Maritime work is dangerous work. The LHWCA exists to make sure that when harbor workers get hurt on the job, they get the medical care and wage replacement they need to recover and support their families. Know your rights, document everything, and get help when you need it.