LHWCA-Offshore Injury of Non-Seamen

Posted by: rzehl
June 12, 2008
Topic: Longshore and Harbor Workers Compensation Act (LHWCA)

The Longshore and Harbor Workers' Compensation Act (LHWCA) was introduced to cover injured maritime workers who do not meet the definition of a seaman required for compensation under the Jones Act. Benefits under the LHWCA resemble state workers' compensation benefits and include disability payments, rehabilitation services and benefits for the survivors in case of the offshore death of a family member. Importantly, under the LHWCA there is no need to find fault with the employer to receive compensation.

Prior to adoption of the LHWCA, too many injured offshore workers were falling through the gap between state workers' comp law and the Jones Act. These workers included those that build, load, service, and repair ships in addition to other miscellaneous personnel responsible for driving trucks, operating forklifts and handling cargo. As a result they were being denied any benefits for their failure to meet the requisite criteria. The adoption of the LHWCA changed all that and helped to fill the void that had emerged. Under the Act, the Federal Department of Labor administers the benefits.

Workers under the LHWCA are required to notify their employer about any work-related injury or illness within thirty (30) days. In addition, injured employees must file an LHWCA claim for benefits with the Department of Labor within one year after the date of the injury or its diagnosis. Conversely, employers have two weeks (14 days) to either dispute the claim or begin making payments. In case of a dispute, there is a procedure in place to encourage reconciliation of the conflict. If after this procedure there is still no agreement, an administrative law judge (ALJ) under the Department of Labor will conduct a hearing over the matter and render a judgment.

Under the LHWCA it is possible to sue anyone who is responsible for a maritime worker's injury. This includes not only the employer but also any fellow crew member or other entity that may have been at fault in causing the injury in question.

If you or someone you know has been injured offshore, it is imperative that you contact the experienced Texas maritime attorneys of Fitts Zehl, LLP as soon as possible either by email at info@gulfcoastmaritimelawyer.com or toll-free at (800) 993-4887.

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