Longshore and Harbor Workers Compensation Act (LHWCA) Fitts Zehl, LLP Attorneys Houston Texas

The Longshore and Harbor Workers' Act is a federally administered program that provides medical benefits and wage compensation to individuals who were injured while employed on a navigable waterway or any adjacent areas that are mainly involved in the building, repairing, loading or unloading of a ship. In the case of a death, compensation benefits are to be paid to the employee's dependants.

The LHWCA covers traditional maritime employees including individuals involved in longshoring, harbor work, stevedoring, loading and offloading of vessels, ship construction and repair, and general maritime construction. Certain types of workers are specifically excluded from recovery under the LHWCA including: any member of a vessel's crew or its leader (seamen); individuals working with a small vessel under eighteen net tons; United States government employees; clerical and security staff; and other persons who do not normally engage in work covered by the Act.

The experienced Houston maritime attorneys at Fitts Zehl, LLP understand the LHWCA and are standing by to assist you with your claim. Contact the Texas LHWCA lawyers today by email at info@gulfcoastmaritimelawyer.com or by phone at (800) 993-4887.

LHWCA-What If I?ve Been Injured By a Vessel?
Posted by: rzehl
April 07, 2009

When someone covered under the Longshore and Harbor Workers’ Compensation Act (LHWCA) is injured by a vessel, that individual is entitled to pursue the negligent vessel as a third party. Essentially, if you are hurt by a vessel, you may sue that vessel in order to recover damages under 33 USC § 933 of the LHWCA. In addition, your employer will not be liable to that third party vessel for your damages.

There are a few exceptions to this general rule. First of all, if you were employed by the vessel to provide stevedoring services and your injury stems from the negligence of those aiding you in providing said services, you will not be able to recover against the vessel. Also, if you were employed to provide shipbuilding, repairing or breaking services and your employer was the owner, operator or charterer of the vessel, you will be unable to recover against your employer or his other employees.

In order to navigate the complexities of maritime law, one must be well-versed in several unique areas of law including the Jones Act, LHWCA and the Death on the High Seas Act (DOHSA). The vast majority of attorneys will never handle an offshore injury case. The fact is that most lawyers are ill-equipped to help you.

If you or a loved one has been injured offshore, contact the experienced Texas and Louisiana maritime attorneys at Fitts Zehl by phone (713) 491-6064 or email info@gulfcoastmaritimelawyer.com. We’ll work hard, using our extensive resources and expertise, to recover every penny owed to you by those responsible for your injuries.

Permalink

Longshore and Harbor Workers Compensation Act (LHWCA)

Topics

Recent Updates

Archives

Web Resources