Longshore and Harbor Workers Compensation Act

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Longshore and Harbor Workers Compensation Act

The Longshore and Harbor Workers Compensation Act (LHWCA) is a federal law that provides workers compensation for maritime workers and civilian employees of military bases.

What Is the Difference Between the LHWCA and State Workers Compensation?

The LHWCA provides more benefits to an injured worker. Generally, under its temporary disability provision, the LHWCA provides benefits of two-thirds of the employee’s weekly pay. That amount is more than the typical state’s benefits. Unlike state workers compensation, the LHWCA provides for partial disability payments. So, it is much more advantageous for an injured maritime worker to claim workers compensation under LHWCA.

However, not all maritime workers qualify for LHWCA. Only those who pass the status and situs tests qualify.

What Is the Status Test?

The purpose of the status test is to determine whether you are indeed a maritime worker, and whether the scope of your employer’s operations classifies as maritime work. Essentially, the employer’s operations must have something to do with the water and marine transportation. Nevertheless, the status test specifically includes certain types of maritime workers such as drivers of recreational vehicles and fish farmers.

What Is the Situs Test?

The purpose of the situs test is to determine the location of the employed duties. The LHWCA only provides coverage for certain locations. Thus, only maritime workers who work near or adjacent to navigable waters are covered.

Do I Need a Lawyer?

Obtaining an experienced employment lawyer is necessary to help you obtain your maximum benefits to compensate you for your injuries.

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Last Modified: 07-29-2014 12:33 PM PDT

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