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Longshore & Harbor Workers’ Compensation Act (LHWCA)

Posted on : March 26, 2022
louisianaworkerscomp

If you are a maritime worker in Louisiana and are injured on the job, the Longshore & Harbor Workers’ Compensation Act may come into play. Here’s what you should know about it and how a workers’ comp lawyer can help you get the benefits you need after being injured on the job.

Longshore & Harbor Workers’ Compensation Act (LHWCA) Defined

According to the U.S. Department of Labor, the Longshore & Harbor Workers’ Compensation Act is defined as “a federal law that provides for the payment of compensation, medical care, and vocational rehabilitation services to employees disabled from on the job injuries that occur on the navigable waters of the United States, or in adjoining areas customarily used in the loading, unloading, repairing, or building of a vessel.” 

Who & What Is Covered Under the LHWCA

The Department of Labor states that the following types of employees are covered under the LHWCA:

  • “employees in traditional maritime occupations such as:
    • Longshore workers
    • Ship-repairers
    • Shipbuilders or ship-breakers
    • Harbor construction workers”

The following must be true for an injury to be considered covered:

  • The injury occurred on the “navigable waters of the United States or in the adjoining areas, including:
    • Piers
    • Docks
    • Terminals
    • Wharves
    • Unloading and loading areas”

In some cases, a non-maritime worker may be covered by the LHWCA if they perform their assigned work on navigable water that is where the injuries occur.

Individuals who are not covered by the Longshore & Harbor Workers’ Compensation Act include but are not limited to:

  • Secretarial and clerical staff
  • Restaurant, club, camp, museum, or retail worker
  • Workers employed by marinas not actively engaged in construction or routine maintenance
  • Aquaculture employees
  • Seamen
  • U.S. Government employees of any branch
  • Employees who were injured as a result of intoxication or willful intent to harm themselves or another person

Contact Louisiana’s Premier Workers’ Compensation Attorney Today

Wanko Workers Comp’ Lawyers are dedicated to helping to advocate for the injured every day. Sometimes this shows up as big wins in court. Other times, it’s connecting one-on-one with the injured and their families to start devising a plan to get compensation for losses that were incurred.

Contact Wanko Workers’ Comp Lawyers now for a consultation to discuss the details of your case and the legal options available to you by dialing (985) 893-6530. Available day and evening, and serving all of Louisiana, including Covington, New Orleans, Houma, Thibodaux and Mandeville.