LHWCA: Longshore & Harbor Workers’ Compensation Guide

The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal law that provides workers’ compensation benefits to maritime workers injured on navigable waters of the United States or in adjoining areas. For marina owners, harbor operators, dock workers, and maritime contractors in Florida, understanding LHWCA coverage is essential to managing legal liability and protecting workers.

What is the Longshore and Harbor Workers’ Compensation Act?

The LHWCA provides compensation and medical care to employees disabled from work-related injuries that occur on navigable waters of the United States or in adjoining dock areas. The Act covers longshore workers, harbor workers, ship repairers, and other maritime workers whose injuries occur on navigable waters or in adjoining areas used for loading, unloading, building, or repairing vessels. It does not apply to seamen covered by the Jones Act or to workers whose injuries occur solely on land away from maritime operations.

Coverage Under LHWCA

LHWCA coverage extends to workers engaged in maritime employment whose injuries occur on navigable waters or in adjoining dock, terminal, or shipbuilding areas. Florida’s numerous ports, marinas, and shipbuilding facilities make LHWCA a common framework for maritime workers in the state. Employers with workers in covered occupations must secure LHWCA insurance or qualify as self-insured.

Benefits Available

Under the LHWCA, injured workers are entitled to: medical treatment for their injury; temporary total disability benefits (two-thirds of average weekly wages); permanent partial disability benefits (based on the nature and extent of permanent impairment); and permanent total disability benefits for those unable to return to any form of work. Death benefits are also available to eligible dependents of workers killed in covered maritime employment.

Third-Party Claims

In addition to LHWCA benefits, injured maritime workers may be able to pursue third-party negligence claims against parties other than their employer, such as vessel owners or equipment manufacturers, when negligence by a third party contributed to the injury. These third-party claims can provide additional compensation beyond LHWCA benefits and are an important option for workers with serious injuries.

Choosing Legal Representation

LHWCA claims involve complex federal and maritime law. Whether you are an injured maritime worker seeking benefits or an employer defending a claim, experienced legal representation is essential. Contact Adam Ludwin at Ludwin Law Group for guidance on LHWCA claims and maritime workers’ compensation issues in Florida.