FAQs: How Much Can I Recover Under (LHWCA) Act?

Maritime Law Feb 19, 2021

If you work in the maritime industry but do not work offshore, recovering compensation after an on-the-job accident may involve filing a claim under the Longshore and Harbor Workers Compensation Act (LHWCA). Here, maritime accident attorney David Willis answers some frequently asked questions (FAQs) about compensation claims under the LHWCA:

Am I Eligible to For Compensation Under the Longshore and Harbor Workers Compensation Act?

In order to be eligible for compensation under the LHWCA, you must qualify as a longshore or harbor “employee.” Those who are covered under the LHWCA include:

  • Longshoremen
  • Harbor workers
  • Shipbuilders and repairmen
  • Shipbreakers
  • Other employees involved in longshoring operations

In order to qualify for LHWCA benefits, you must also have suffered a job-related injury. However, since the LHWCA provides “no-fault” benefits, you do not need to prove that your employer is to blame for your injury in order to file a claim.

What Costs Does the Longshore and Harbor Workers Compensation Act Cover?

The LHWCA covers injured employees’ medical needs and a portion of their lost income. Specifically, if you have a claim under the statute, you are entitled to: (i) full coverage for all necessary medical care related to your on-the-job injury, and (ii) income benefits calculated as two-thirds of your weekly wage.

How Much Compensation Can I Receive Under the LHWCA?

The specific amount of compensation you can receive under the LHWCA depends on your medical needs and your current wage. It also depends on how long your injury prevents you from working. Generally speaking, your medical bills should be covered regardless of what treatment you need, and you should receive monthly income benefits for as long as you are unable to work.

How Do I File a Claim Under the LHWCA?

In order to file a claim under the LHWCA, you must submit Form LS-203 to the U.S. Department of Labor. Your employer should provide this form to you when you report your injury. If it doesn’t you can download a copy online.

In order to make sure you receive the maximum benefits that are available, you should get help with your claim from an experienced maritime accident attorney. Your attorney can make sure you complete form LS-203 correctly, and your attorney can also help make sure you receive the full benefits you deserve.

What if My LHWCA Compensation Isn’t Enough?

Since LHWCA benefits only cover medical expenses and a portion of lost wages, for most longshore and harbor workers, LHWCA compensation is not enough. Depending on what happened, you may be entitled to additional forms of compensation, and you should discuss your options with a maritime accident attorney right away.

Get a Free Consultation from Maritime Accident Attorney David Willis

Were you injured on the job? Do you have more questions about filing a claim under the LHWCA? To discuss your legal rights with maritime accident attorney David Willis in confidence, call 800-468-4878 or request a free consultation online today.

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