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

Working in Louisiana’s busy ports, shipyards, and terminals is tough work, but it keeps things moving. It also comes with serious risks. If you’re a longshoreman, dockworker, shipbuilder, repairman, or harbor construction worker hurt on the job near the water, regular state workers’ comp or the Jones Act (for boat crews) usually doesn’t apply. Instead, you’re likely covered by a special federal law: the Longshore and Harbor Workers’ Compensation Act (LHWCA).

Getting the benefits you deserve under LHWCA can be complicated. The rules are different, and the process can be confusing. Lambert Zainey is a top New Orleans maritime law firm that knows LHWCA inside and out. We’ve helped countless injured harbor workers get the full medical care and lost pay they’re entitled to. We fight for your rights.

Hurt on the Dock, Shipyard, or Harbor? Know Your LHWCA Rights.

On This Page

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
Decks that are slippery from oil, grease, ice, or aren’t kept clean.
Ladders or gangways that are broken, unstable, or poorly maintained.
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 lawyers can help determine if LHWCA applies to you.

What Injuries & Sicknesses Does LHWCA Cover?

LHWCA covers many types of work-related health problems:

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).
Sudden Injuries: Things like slips and falls, getting hit by cargo or equipment, crane or forklift accidents, falling from heights, getting crushed.

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.

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 Claim	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 is LHWCA? FedWhat 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:

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).
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.
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!
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.

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:

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

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. Finding out if you have a third-party case takes experienced lawyers. Lambert Zainey always looks for these possibilities.

Why Pick Lambert Zainey for Your New Orleans LHWCA Claim?

Handling LHWCA claims right takes lawyers who really know this specific federal law:

We Focus on Maritime Law: Including tons of experience with LHWCA rules and claims.
We Know the Federal System: We know how to deal with the Department of Labor and handle appeals if needed.
We Look for Third-Party Cases: We work hard to find other parties who might be responsible to get you more money.
Local Know-How, National Expertise: We know the New Orleans ports and shipyards, and we deeply understand this federal law.
No Fee Unless You Win: We work on contingency. You don’t pay us unless we get you benefits or damages.

Common Questions About LHWCA

You MUST tell them in writing within 30 days for an injury. For sickness from work, it’s one year after you figure out the job caused it. Do it right away.

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.

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.

NATIONALLY RECOGNIZED ATTORNEYS

CONTACT US

Our experienced attorneys are here to guide you through every step of the process, from initial consultation to settlement or trial.

800-521-1750
(504) 581-1750
701 Magazine St., New Orleans, LA 70130
Info@LambertZainey.com

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