LHWCA

Longshore & Harbor Workers' Compenation Act

Attorneys Serving the U.S.

You’re a maritime worker who has gotten sick or injured and are unable to work. You don’t meet the qualifications for being a seaman under the Jones Act, but on the other hand, your workplace is on navigable waters so isn’t covered by state workers compensation laws. You need money for medical and living expenses. What are your legal options?

What is the Longshore & Harbor Workers’ Compensation Act (LHWCA)?

The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal law that gives protection to workers who have suffered on-the-job injuries while working in support of the maritime industry on the navigable waters of the United States, or in adjoining areas used in the loading, unloading, repairing, or building of a vessel. This law provides the right to seek compensation for the damages resulting from these injuries.

  • $82.5 Million Plant Explosion

    Ammons’ client was attempting to start a hot oil heater when the heater exploded. A day later, the man died, leaving behind a widow and three minor children.

/

Examples of Occupations Covered Under the LHWCA

  • Longshore worker
  • Dock and port workers
  • Harbor construction workers
  • Port crane operators
  • Salvage and repair divers
  • Shipbuilders
  • Shipyard workers
  • Shipbreakers

Some maritime workers may also be covered by the Outer Continental Shelf Lands Act, or OCSLA, which extends the protection of the LHWCA to non-seamen employed on the Outer Continental Shelf.

Seamen, U.S. government employees, employees covered under state workers compensation laws, temporary workers, employees injured because of their intoxication, or employees who deliberately caused their injuries are excluded from receiving compensation under the LHWCA.

LHWCA Benefits - What You Can Expect

Depending on the circumstances, injured workers may be able to collect compensation for:

  • Medical expenses
  • Disability payments
  • Vocational rehabilitation services

The LHWCA also provides wrongful death benefits to dependents of a worker who dies as a result of their injuries.

In most cases, an LHWCA claim pays injured workers benefits that amount to two-thirds of their average weekly wage while they are undergoing treatment.

Benefits are broken down into four categories:

  • Temporary total
  • Temporary partial
  • Permanent total
  • Permanent partial

These categories are designated based on when or if an injured worker can return to the job.

The Longshore and Harbor Workers’ Compensation Act is similar to state workers’ comp laws in that a worker’s injuries do not have to be caused by negligence to be eligible for benefits. The LHWCA forbids workers from filing a negligence lawsuit against their employer, but it does allow for claims against third parties, such as a ship owner or equipment manufacturer whose negligent actions may have contributed to their injuries.

Our LHWCA Attorneys Can Help You Collect the Benefits You Deserve

The experienced LHWCA attorneys at The Ammons Law Firm advise injured workers to seek legal assistance in filing their claim as soon as possible after the injury takes place. Injured workers are required to give written notice to their employer of any work related injury within 30 days of the occurrence of the injury or within 30 days of becoming aware of the injury. In addition to this notice of injury, the injured worker must file their LHWCA claim within a year of the date of injury (or death).

With more than 20 years of experience in helping injured maritime workers in the Gulf Coast region and throughout the United States, The Ammons Law Firm possesses the legal expertise, skills and resources needed to successfully resolve your claim. Our maritime accident attorneys are always available to discuss your case.

Call us today to schedule a free, confidential meeting. We handle most LHWCA claims on a contingency basis, which means there are no up-front charges should we accept your case and you only if we recover compensation for you.

  • Best Law Firms
  • Super Lawyers
  • Multi-Million Dollar Advocates Forum
  • AVVO 10.0 Superb
  • The National Trial Lawyers Top 100 Lawyers
  • National Board of Trial Advocacy
  • Martindale-Hubble AV PREEMINENT
  • American Board of Trial Advocates
  • Best Lawyers - Robert Ammons
  • Expertise Best Personal Injury Attorneys in Houston
  • Texas Trial Lawyers Association
  • Best Lawyer
  • Martindale-Hubbell® AV Preeminent®
  • Board Certified
  • "Amazed by Mr. Ammons’ presentation & knowledge."

    “"I was truly amazed by Mr. Ammons’ presentation and knowledge of the case. He and his team were well prepared and had everything they needed to present the case. They had great exhibits. It was very ...”

    - Teressa H.
  • "Rob will devote the resources necessary to sort out any complex matter and get the best possible result for the client."

    “"If you have a complicated products liability matter or really ANY complex matter, Rob will devote the resources necessary to sort it out and get the best possible result for the client."”

    - Louis H., Referral Attorney
  • "Wonderful & hardworking lawyers."

    “"The Ammons law firm has a great number of wonderful and hardworking lawyers. They did an amazing job with my case."”

    - Jose Angel M.
  • "We could not have been in better hands."

    "I can say with confidence that The Ammons Law Firm is the very best."

    - Former Client
  • "Wonderful & hardworking lawyers."

    “"The Ammons law firm has a great number of wonderful and hardworking lawyers. They did an amazing job with my case."”

    - Kenny N.
  • "The office staff was always courteous and prompt in responding."

    “"We had a wonderful experience working with the Ammons Law Firm. The office staff was always courteous and prompt in responding. Rob’s expertise in our case was quickly evident and our trust in him ...”

    - Anne P.
/

Why Choose Us?

Our Firm Will Fight for Your Right to Compensation
  • We Wrote the Book on Tire Defect Litigation

    Attorney Rob Ammons has not only handled some of the most complex tire defect cases but also wrote the book on how to properly litigate these types of cases.

  • Team Approach to Handling Each & Every Case

    Unlike smaller law firms, we have the resources necessary to tackle even the most complex cases. To ensure our clients get the best possible results, we hire industry experts and other professionals to advise on any complex legal issues.

  • Over a Billion Dollars Recovered for Our Clients

    Our seasoned legal professionals have handled some of the largest personal injury claims nationwide and have a strong track record of favorable outcomes.

Let Us Help You

Request Your FREE CONSULTATION Today!

Call (281) 801-5617 or fill out the form below to contact our team.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.