Longshore and Harbor Workers Compensation Act Lawyers

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New Orleans LHWCA Lawyers – Help for Injured Dock & Harbor Workers

Working in Louisiana’s ports, shipyards, and marine terminals is some of the most physically demanding and hazardous work anywhere on the Gulf Coast. If you are a longshoreman, dockworker, shipbuilder, crane operator, or harbor construction worker who was hurt on the job, state workers’ compensation almost certainly does not cover you — and the Jones Act applies only to vessel crews, not dock and shipyard workers.

What covers you is a federal law called the Longshore and Harbor Workers’ Compensation Act (LHWCA.) It provides medical benefits and disability pay regardless of fault. It also opens the door to third-party lawsuits against vessel owners, equipment manufacturers, and contractors that can provide significantly more compensation than the LHWCA benefits alone.

Lambert Zainey has represented injured longshoremen, dockworkers, and shipyard workers across the Gulf Coast for nearly 50 years. Here is what the LHWCA covers and what it does not. Learn how to make sure you receive everything you are entitled to.

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Quick Facts

The LHWCA is a federal no-fault workers’ compensation law that covers longshoremen, dockworkers, shipbuilders, crane operators, and other harbor workers — not vessel crew members, who are covered by the Jones Act instead.
LHWCA benefits cover medical treatment and two-thirds of your average weekly wage while you are unable to work. They do not cover pain and suffering, but third-party lawsuits against vessel owners and equipment manufacturers can.
You must notify your employer in writing within 30 days of your injury and file a formal claim with the Department of Labor within one year. Missing the 30-day notice can permanently eliminate your right to benefits.
Even if your LHWCA benefits claim is approved, you may have a separate lawsuit against a vessel owner, contractor, or equipment manufacturer for negligence. Lambert Zainey always investigates third-party claim possibilities.
Do not give recorded statements or sign anything from your employer’s insurance company before speaking with an attorney.

What is LHWCA? Federal Help for Injured Harbor Workers

The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal law designed to help specific maritime workers (but not boat crews covered by the Jones Act) who get hurt on the job near navigable water. Think of it like a federal workers’ comp program just for this type of work.

Here’s the important stuff:

Usually No Fault Needed: You generally get benefits for medical bills and lost pay even if the accident wasn’t your employer’s fault.
Specific Rules: You have to have the right kind of job (“status”) and get hurt in the right kind of place (“situs”) to be covered.
Often Better Pay: LHWCA disability payments can sometimes be higher than what state workers’ comp offers.
Federal Program: It’s run by the U.S. Department of Labor, not the Louisiana state system.

Does LHWCA Cover You? (Your Job & Where You Got Hurt)

To get LHWCA benefits, you usually need to pass two tests: one about your job, and one about where you got hurt.

What Kind of Work Qualifies? (Status Test)

Your job generally needs to involve “maritime employment.” This usually includes workers who:

Load or unload ships
Build, fix, take apart, or scrap vessels
Drive trucks or run equipment right at the terminal for loading/unloading
Build things over the water in harbors
Common Jobs: Longshoremen, Stevedores, Dock Workers, Shipfitters, Welders (at docks/shipyards), Crane Operators (at ports), Forklift Operators (at terminals), Ship Repairers, Harbor Workers.

Where Do You Have to Be Working? (Situs Test)

Your injury needs to happen on, near, or next to navigable waters (waterways used for business). This includes places like:

Piers, docks, wharves
Marine terminals
Dry docks
Shipyards (Clearly includes shipyard locations)
Other areas typically used for ship loading, unloading, fixing, or building.

Offshore Platform Note: Sometimes, workers on fixed offshore platforms are covered by LHWCA through another law called OCSLA.

Figuring out if you’re covered can be tricky. Our top New Orleans maritime injury lawyers can help determine if LHWCA applies to you.

What Injuries & Sicknesses Does LHWCA Cover?

LHWCA covers many types of work-related health problems:

Sudden Injuries: Things like slips and falls, getting hit by cargo or equipment, crane or forklift accidents, gangway accidents, falling from heights, getting crushed.
Sicknesses from Work: Problems that develop over time from things at work, like hearing loss from loud noise, breathing problems (from dust, fumes like asbestos), or injuries from doing the same motion over and over (like back problems, carpal tunnel).

The injury or sickness must be caused by or happen during your maritime job.

LHWCA Benefits: What You Can Get

If your LHWCA claim is approved, you could receive:

Medical Treatment Paid For:

Pays for reasonable and necessary medical care for your injury. This includes doctor visits, hospital stays, surgery, medicine, physical therapy, and needed equipment. You usually get to pick your own doctor after the first visit (but you need to follow certain steps).

Money for Lost Wages (Disability Pay):

Payments if you can’t work because of the injury. There are different types depending on how bad it is and how long it lasts (Temporary Total, Temporary Partial, Permanent Total, Permanent Partial).

How Much? Usually calculated as two-thirds (2/3) of your Average Weekly Wage (AWW), but there are yearly minimums and maximums.

Help for Families If a Worker Dies:

If a work injury causes death, the worker’s spouse and kids may get benefits based on the worker’s pay. Funeral costs may also be partly covered.

Fatal accidents in shipyards, ports, and industrial facilities often stem from hazards OSHA calls the Fatal Four, which include falls, electrocutions, struck-by incidents, and caught-in/between accidents. Our article on the OSHA Fatal Four explains how these tragedies commonly occur and why they are so preventable.

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Over $1 Billion Recovered for Maritime Accident Victims

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$330 MILLION SETTLEMENT

Oil storage tank rupture at the Murphy Oil USA refinery in Chalmette, LA. The fastest class certification and resolution of a case of its type and magnitude to date.

SETTLED IN ONLY 12 MONTHS

Arco cryogenic platform explosion caused by improper cold cut of Southern Natural Gas pipeline. Settlement for the injured and deceased in approximately twelve months.

LHWCA vs. Jones Act vs. State Workers’ Comp: What’s Different?

Knowing which law applies is important:

Question	LHWCA (Dock/Shipyard Workers, etc.)	Jones Act (Boat Crews/Seamen)	State Workers’ Comp (Most Land Jobs)
Who’s Covered?	Longshore, Dock, Shipyard, Harbor Workers	Crew Members on Vessels (“Seamen”)	Most Workers on Land
Need to Prove Fault?	Generally No (for LHWCA benefits)	Yes (Employer Negligence)	Generally No
What Can You Get?	Medical, Lost Wages (Set amounts)	Medical, Wages, Pain & Suffering, etc.	Medical, Lost Wages (Set amounts)
Can You Sue Employer?	Generally No (for LHWCA benefits)	Yes	Generally No
Who Runs It?	U.S. Dept. of Labor	Courts	State Agency (LA Workforce Comm.)

What You MUST Do After an Injury (Your Rights & Duties)

If you get hurt and might be covered by LHWCA, you have rights, but you also must do certain things:

Duty to File Claim: You MUST file a formal claim (Form LS-203) with the U.S. Department of Labor within one year from the injury date (or from the last benefit payment). For sicknesses, it’s usually two years after you realize the job caused it. Strict deadlines!
Duty to Report Injury: You MUST tell your employer in writing about your injury within 30 days. For sicknesses from work, you have one year after you realize the job caused it. Don’t delay!
Be Careful: Do NOT give recorded statements or sign release papers from the insurance company without talking to a lawyer first. This can really mess up your claim.
Right to Medical Care: Get the treatment you need. You usually pick your own doctor after the first visit (tell your employer/insurer who you chose).
Rights Against Retaliation: The LHWCA contains provisions that prohibit your employer from retaliating against workers who file injury claims or report unsafe conditions.
Right to Benefits: Get paid disability if your injury keeps you from working.

Missing these deadlines can mean you get NOTHING. Talking to an LHWCA lawyer quickly is very important.

Employers and their insurance carriers often look for ways to deny or limit benefits, including relying on results from post-accident drug or alcohol tests to argue that impairment, not unsafe working conditions, caused the injury. While this can complicate an LHWCA claim, it does not automatically eliminate your right to benefits if hazardous conditions, unsafe equipment, or employer negligence contributed to the accident.

Proving negligence is key to your claim. Ensure you don’t make critical errors early on. Download our free guide on the 5 Costly Mistakes to Avoid.

Can You Sue Someone Else? (Third-Party Claims)

This is important: While LHWCA usually stops you from suing your own employer for carelessness, it does NOT stop you from suing someone else (a “third party”) whose carelessness helped cause your injury. A third party could be:

The owner of a ship you were working on (if they weren’t your employer).
Another company working at the same site.
The maker of faulty equipment that hurt you.
A truck driver who hit you at the port.

If you win a lawsuit against a third party, you can get money on top of your LHWCA benefits. This lawsuit can include money for pain and suffering, which LHWCA benefits don’t cover. For a full explanation of how third-party claims work and which parties are most commonly liable, see our post on third-party claims for dockworker injuries. Lambert Zainey always looks for these possibilities.

Why Injured Dock and Harbor Workers Trust Lambert Zainey

Handling LHWCA claims right takes maritime attorneys who really know this specific federal laws:

Nearly 50 years representing longshoremen, dockworkers, and shipyard workers across Louisiana’s Gulf Coast ports
Deep knowledge of LHWCA procedure including Department of Labor filings, benefits appeals, and formal hearings before administrative law judges
Active pursuit of third-party claims. We always investigate whether a vessel owner, contractor, or equipment manufacturer bears independent liability on top of your LHWCA benefits
Over $1 billion recovered for injured maritime workers and their families
No Fee Unless You Win. We work on contingency. You don’t pay us unless we get you benefits or damages.

Nearly 50 years representing injured maritime workers. We understand the laws that govern maritime employers and employees.

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Common Questions About LHWCA

If you’re injured while working on or near the water, the LHWCA may help cover your medical care and lost wages. This section answers common questions to help you understand your rights and how to protect your claim.

Strict deadlines, known as statutes of limitations, apply. For Jones Act and general maritime law claims, it’s typically three years from the date of injury. LHWCA claims have different deadlines (generally one year for filing a claim but 30 days to notify their employer of the injury). It’s crucial to act quickly to protect your rights.

You MUST file Form LS-203 with the Dept. of Labor within one year of the injury (or last payment). For sicknesses, it’s usually two years after you realize the job caused it. These deadlines are serious.

Usually, yes, after the first visit (which might be with a company doctor). You need to tell your employer/insurer who you choose using the right paperwork.

Yes. You usually can’t sue your employer, but you can get LHWCA benefits AND sue a different person or company (a “third party”) if their carelessness helped cause your injury.

This happens often. There’s a process to fight it, involving meetings and maybe hearings with a judge. Having a lawyer who knows LHWCA is really important if your claim is denied.

Not necessarily. After a workplace injury, employers often require post-accident drug or alcohol testing, and insurers may use a positive result as a reason to dispute or delay benefits. However, this does not automatically eliminate your right to compensation. If unsafe working conditions, defective equipment, or employer negligence contributed to your injury, you may still qualify for LHWCA benefits.

Learn more about how testing affects maritime claims in our guide on post-accident drug or alcohol tests.

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Talk to Our Experienced New Orleans LHWCA Lawyers Today

If you got hurt working in a Louisiana port, shipyard, harbor, or terminal, don’t wait to protect your rights under the LHWCA. The experienced lawyers at Lambert Zainey know how these federal claims work and are ready to help you get the benefits you’re owed.

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