The Longshore and Harbor Workers’ Compensation Act (LHWCA) offers coverage in the event of death, illness, or injury to employees in the maritime industry not covered by the Jones Act. The LHWCA covers longshoremen and harbor workers, including ship repairmen, shipbuilders, ship-breakers, and others.
If you’re unsure whether you qualify for benefits, contact the Houston maritime personal injury attorneys at Terry Bryant Accident & Injury Law immediately. Call (800) 444-5000 or complete a FREE initial consultation form. Our Houston maritime personal injury attorneys know the law, and we know how to help.
WHAT IS COVERED
The LHWCA provides for medical care and a percentage of employees’ average weekly wages during their disability. Generally these employees work building or repairing ships or loading and unloading cargo, although many types of workers may qualify.
WHAT IS NOT COVERED
The following types of employees are not eligible under the Jones Act or the LHWCA, and instead may qualify for workers’ compensation benefits by state law:
- anyone engaged by a master to load or unload or repair any small vessel under 18 tons net
- aquaculture workers
- clerical, secretarial, security, or data processing
- club, camp, recreational operation, restaurant, museum, or retail outlet
- those employed by a marina not involved in construction, replacement, or expansion of the marina (also excludes those performing routine maintenance)
- those employed by suppliers, transporters, or vendors who are temporarily doing business on the premises and not engaged in work normally performed by employees
- those who build, repair, or dismantle any vessels under 65 feet in length
The LHWCA also does not provide benefits to employees who caused their injuries by intoxication, intentionally hurt themselves, or employees of the U.S. or a foreign government.