If you were injured while working on or near the water in Louisiana, you may be wondering whether you qualify for benefits under the Longshore and Harbor Workers’ Compensation Act, often called the LHWCA or simply the Longshore Act.
This federal law provides workers’ compensation benefits to certain maritime employees who are injured on the job. However, not every worker near the water automatically qualifies. The Longshore Act has specific coverage requirements, and eligibility depends on both where you work and the type of work you perform.
For dockworkers, shipyard employees, harbor construction crews, and other maritime workers in New Orleans, Baton Rouge, Lake Charles, and along the Mississippi River, understanding whether you qualify is critical after a serious injury.
What Is the Longshore and Harbor Workers’ Compensation Act?
The Longshore and Harbor Workers’ Compensation Act is a federal workers’ compensation system that covers maritime employees who are not considered “seamen” under the Jones Act.
Unlike Louisiana state workers’ compensation, Longshore benefits are governed by federal law and typically provide higher compensation rates. The Act covers medical treatment, disability benefits, and certain survivor benefits for qualifying workers.
To determine eligibility, two main tests must be met: the situs test and the status test.
The Situs Test: Where Did the Injury Occur?
The situs test focuses on the location of the injury. To qualify under the Longshore Act, the injury must occur on or near navigable waters of the United States.
Covered locations may include:
- Docks and piers
- Wharves and terminals
- Shipyards
- Marine railways
- Areas used for loading or unloading vessels
- Adjoining areas customarily used in maritime activity
In Louisiana, this often includes work sites along the Mississippi River, the Port of New Orleans, the Port of Baton Rouge, and coastal shipyards and industrial facilities.
Importantly, the injury does not have to occur directly over water. If the area is adjacent to navigable waters and used for maritime activity, it may satisfy the situs requirement.
The Status Test: What Type of Work Do You Perform?
Even if the injury occurred in a covered location, you must also meet the status requirement. This means your job duties must involve maritime employment.
Workers who commonly qualify include:
- Longshoremen
- Dockworkers
- Harbor workers
- Shipbuilders
- Ship repair workers
- Shipbreakers
- Cargo loaders and unloaders
- Marine construction workers
The key factor is whether your job is integral to maritime activity, such as loading, unloading, repairing, building, or servicing vessels.
For example, a worker injured while repairing a barge at a Louisiana shipyard may qualify. Similarly, a worker injured while unloading cargo at a port facility may also qualify.
Who Does Not Qualify Under the Longshore Act?
Certain categories of workers are excluded from Longshore coverage.
For example:
- Seamen covered under the Jones Act
- Office clerical staff not engaged in maritime work
- Individuals working exclusively on offshore oil platforms under certain circumstances
- Workers covered by other specific federal compensation systems
The distinction between a Jones Act seaman and a Longshore worker can be complicated. Seamen generally work aboard vessels and contribute to the mission of the vessel, while Longshore workers typically work on land-based maritime operations.
In Louisiana, where offshore oil and maritime industries overlap, determining the correct classification is often one of the most important legal questions in an injury case.
What Types of Injuries Are Covered?
If you meet both the situs and status tests, the Longshore Act covers injuries that arise out of and in the course of employment.
Common Longshore injuries in Louisiana include:
- Back and spinal injuries from heavy lifting
- Crush injuries from cargo equipment
- Traumatic brain injuries from falls
- Burns from industrial accidents
- Repetitive stress injuries
- Hearing loss from prolonged noise exposure
The Act also covers occupational illnesses related to maritime employment, such as certain respiratory conditions caused by exposure to hazardous substances.
What Benefits Are Available?
Qualified workers under the Longshore Act may receive:
- Payment of reasonable and necessary medical treatment
- Temporary total disability benefits
- Temporary partial disability benefits
- Permanent partial disability benefits
- Permanent total disability benefits
- Vocational rehabilitation services
In cases involving fatal injuries, certain surviving family members may be entitled to death benefits.
Longshore disability benefits are typically calculated as a percentage of the worker’s average weekly wage, often at a higher rate than Louisiana state workers’ compensation.
Why Classification Matters in Louisiana
Because Louisiana has a large maritime and industrial workforce, classification disputes are common. Employers and insurance companies may attempt to classify a worker under state workers’ compensation instead of the Longshore Act, especially if federal benefits would be higher.
The difference can significantly impact:
- The amount of weekly benefits
- The duration of benefits
- Settlement value
- Legal procedures
Understanding which law applies is essential before accepting any benefits or signing any documents.
At Wanko Workers’ Comp Lawyers, we assist injured workers in complex maritime and federal claims, including cases under the Longshore and Harbor Workers’ Compensation Act in Louisiana. We carefully analyze job duties, injury location, and federal eligibility requirements to determine the proper claim pathway.
What Should You Do If You Think You Qualify?
If you were injured while working on or near navigable waters in Louisiana, you should:
- Report the injury to your employer promptly
- Seek medical treatment
- Document the location and circumstances of the accident
- Avoid signing any settlement paperwork without legal review
Federal Longshore claims follow different procedures than Louisiana state workers’ compensation claims. Deadlines apply, and disputes are handled through the U.S. Department of Labor rather than state agencies.
If you are unsure whether you qualify for Longshore benefits, it is important to get answers quickly. Misclassification can cost you significant compensation.
Wanko Workers’ Comp Lawyers represents injured maritime workers throughout Louisiana. If you believe your injury may fall under the Longshore Act, we can review your case and help determine your eligibility. Contact us to discuss your rights and protect your claim.
